The wrong doctor sued, and still paying the price

The wrong physician was named in a lawsuit, and is still dealing with the legal ramifications:

. . . he spent the next year defending himself because plaintiff attorney Charles E. Gibson III of Ridgeland, Miss., failed to drop him from the case voluntarily. Because Dr. Stewart’s medical liability insurance policy had a $10,000 deductible, he was forced to pay $6,100 of his own money to cover the cost of dismissing himself from the suit. He won a preliminary victory in 2004, when the U.S. District Court for the Southern District of Mississippi granted his request and ordered Gibson to pay his legal fees.

Comments

Anonymous
Suing the wrong person is like the surgeon who cuts off the wrong leg.
The lawyer should be disciplined. In reality, he won’t even get a slap on the wrist. They’ll probably joke about it on the golf course. They really do think it’s a joke.
Contrast what would happen to a physician who operated on a wrong side, or wrong person.
Recognizing that he sued the wrong person, he should be paying the legal fees, not tying up the courts. Of course, abusing the legal system has little cost to the lawyer, just the rest of us.
Then again, like most lawyers, he probably doesn’t have malpractice insurance, only one state requires it.
Anonymous
He’s going to be paying back the legal fees at least, if not sanctioned. What else do you want? Has a complaint with the state bar been filed?
Anonymous
“Contrast what would happen to a physician who operated on a wrong side, or wrong person.”
Contrast being out $6,500 with the physical trauma of having been operated on when you didn’t need it? That’s your comparison? Really?
Anonymous
There are other ramifications. I have been sued 3 times, never lost a case. That didn’t stop my insurer (all of them really, when I went to the market for a policy) from charging enourmous rates because of my “claims record.”
Anonymous
The surgeon operating on the wrong leg didn’t mean to operate on the leg. If he were told during the surgery it was the wrong leg, he’d stop immediately and repair the damage.
That’s the difference with the lawyers. They get up that morning and fully intend to do what they do. How can somebody pursue the case knowing he had the wrong person? It’s like the Duke case. Must be something about law school that makes you so amoral.
I don’t know what it is. All I know is when I treat a patient and have lawyers involved because of injury, I feel a need to wash afterwards.
Anonymous
Plaintiff attorney Charles E. Gibson III should be disbarred. Instead, he continues to play his endless legal games, without any consequence for his horrific abuse. Any wonder why most doctors want to see the lawyer industry annihilated?
Anonymous
You want them annihilated? Well then just who will defend you against all those malpractice suits that you have won?
Anonymous
“How can somebody pursue the case knowing he had the wrong person? It’s like the Duke case. Must be something about law school that makes you so amoral.”
That’s a fair generalization. Just like it’s fair to assume all physicians operate drunk or high because one did. Or intentionally perform surgeries they know aren’t necessary to generate fees. Must be something about medical school that makes you so amoral.
Interesting you guys want one lawyer who cost a doctor $6,500 disbarred, but there are physicians who have caused far worse harm still practicing without a peep from you. I guess when it’s one of your own you forgive a little easier.
Anonymous
You forgot pain and suffering CJD. I figure it’s worth 20 million. I mean, it’s not as bad as a pair of pants.
But you’re right, and I agree, that 99% of lawyers who lie and cheat and steal – deliberately – give the 1% of honest lawyers a bad name.
Anonymous
CJD you act like this is a joke.
Do you even think it might be bad that he sued the wrong person? Do you think paying the person’s legal fees to clear himself might be fair?
As far as I can tell, the person wasn’t even sanctioned by the Bar. Not even a slap on the wrist. Of course, it can be hard to tell, as Mississippi, like most state Bar associations, hides the disciplinary data. At least the Medical Board in that state puts the existence of the Board action in the search results, though they make you go to another area to search the detail. Most state Bar associations don’t even do that.
It’s obvious he did wrong, but he still fights it. The doc is just asking economic damage, not the jackpot lawyers seek. Still he fights tooth and nail. Then again, abuse of the legal system costs him nothing. Amazing, though not unexpected for a lawyer.
Joseph Bloom, MD
Kevin,
How did your blog, which I have liked and read for some time, become such a lawyer trolling ground? Though I respect anyones entry into blogspace, it always seemed to me this was a site genrally directed towards medical professionals.
Unfortunately, it looks like your blog has gotten onto the radar screen of organized pro-tort, anti-physician bloggers.
It seems that no story with any liability issues can be posted without the same tiresome chorus from the same 3 or 4 “anonymous” posters slamming the docs.
I humbly suggest that you eliminate anonymous posting, at least on the liability subjects, so that posters can be held accountable for their words.
Anonymous
He did not cost the doctor 6500, he cost him much more. But to you, doctors are inhuman machines to whom there are no consequences that can’t be objectively measured. Why don’t you feel the same about patients who have been “wronged?”
Saying he cost him 6500 is like saying the patient who lost the wrong hand lost 6500, because thats how much more he could have earned flipping burgers with it.
Anonymous
I think I’d rather have all rabid pit bulls annihilated than get into the cycle of having to obtain my OWN rabid pit bull to fight my neighbor’s rabid pit bull.
Anonymous
Maybe disbarred is going too far, but paying up and receiving a sanction would be nice. Years later, neither has happened. He’ll probably be forced to pay back eventually, after his scorched earth defense. When I’ve had reason to complain about a lawyer – two occasions – neither time did the Bar even acknowledge the complaint. Two different states. Bar associations don’t give a damn. Even if he is sanctioned, the sanction will be buried on the Bar Web site somewhere, if reported at all.
The surgeon operating on the wrong leg didn’t mean to opearate on the wrong leg, and would have the decency to stop if the error was point out in surgery. The lawyer got up that morning intending to lie, cheat, steal, and when the error is pointed out (Nifong. This clown.) they keep on doing what they’re doing.
This isn’t about a surgeon cutting off a leg and you know it CJD. This is about a lawyer’s bad practice, and you don’t even have the integrity to admit it’s bad practice.
Anonymous
Guys, where did you get the impression I don’t think it’s a bad practice? Certainly not from anything I wrote. No wonder you’re all so angry, you just make up everyone else’s position.
I do hope he gets sanctioned further, but disbarment? We don’t prohibit doctors from practicing under similar circumstances, and they ruin people’s lives permanently.
“Saying he cost him 6500 is like saying the patient who lost the wrong hand lost 6500, because thats how much more he could have earned flipping burgers with it.”
What else did he cost him? It’s interesting that an advocate of damage caps on non-economic losses would then make the case for the necessity of non-economic damages.
Anonymous
“What else did he cost him?”
Stress. Loss of consortium for his/her spouse. Grey Hair. Increased malpractice premiums for the rest of his/her life. Perhaps a suicide attempt or two (this is documented – malpractice claims are correlated with suicide attempts and depression among physicians).
“It’s interesting that an advocate of damage caps on non-economic losses would then make the case for the necessity of non-economic damages.”
I did not advocate anything. It would just be nice if the “rules” applied equally – If you can trot out an sick, sympathetic patient in front of a jury BEFORE they have decided based on SCIENTIFIC evidence that negligence occurred, and if said negligence results in an award based on non-economic damages, why aren’t the VICTIMS of legal misconduct given the same consideration?
If lawyers aren’t subject to the consequences of their misadventrues, neither should doctor’s be. If you want to limit lawyers to economic damages, fine, just do it for doctors, and everyone else, as well. Why do lawyers get such special treatment and privilege?
Just another example of privilege to the litigator class, and the litigator-first mentatlity.
Anonymous
Gee I wonder where people would get the idea CJD would find a frivolous lawsuit a joke. A person hurt by a lawyer’s negligence funny.
“He’s going to be paying back the legal fees at least, if not sanctioned. What else do you want? Has a complaint with the state bar been filed?” He’s fighting even that, tooth and nail, years after he’s been shown to be wrong. And you think that’s OK.
Having been on the receiving end of something like this, a mistake that made it impossible for me to practice for several months, a screw-up that had nothing to do with me, dealing with the lawyers and government officials to straighten out the mess, I learned early in my career……..you all think it’s a joke. I heard the laughter. Literally. I had to remind one lawyer I wasn’t laughing.
Having settled a nuisance suit for barely a thousand dollars and having to deal with the reporting mess a decade afterward….I’ll NEVER settle for nuisance dollars ever again…..I can imagine what he had to go through with hospital credentialing, insurances.
One place where it really hurts. Make sure your life is settled when something like this is ongoing. Try to get a new job, credential at a new hospital, with a case like that open. Fortunately, I was settled. I’ve seen people go through it when they had decided to move, and find they can’t get credentialed because of a frivolous case. I think you might finally agree you’ve seen a frivolous case.
Probably not, because I really do think you still think it’s a joke. I’ve seen cases like this written up in law publications, with reference to the doctor who was “inconvenienced” by being named incorrectly. Or the patient suing the doctor, claiming paralysis, filmed jogging in the neighborhood.
I do remember that word. Inconvenienced.
I hope you had your giggle over the case. Lawyers deserve the reputation they have, I learned it a long time ago.
That old saying about lawyer jokes, lawyers don’t think they’re funny, non-lawyers don’t think they’re jokes. Not for nothing. You have earned the reputation.
Anonymous
“Stress. Loss of consortium for his/her spouse. Grey Hair. Increased malpractice premiums for the rest of his/her life. Perhaps a suicide attempt or two (this is documented – malpractice claims are correlated with suicide attempts and depression among physicians).”
You’ve already decided that physical injuries that are far worse are only worth $250,000. So what’s this docs “stress” worth? $100? I say give it to him!
“If you can trot out an sick, sympathetic patient in front of a jury BEFORE they have decided based on SCIENTIFIC evidence that negligence occurred, and if said negligence results in an award based on non-economic damages, why aren’t the VICTIMS of legal misconduct given the same consideration?”
They are. He can file suit tomorrow, and lay out his painful stress, testify how he doesn’t have as much sex with his 2nd wife, etc. So what are you complaining about?
“If you want to limit lawyers to economic damages, fine, just do it for doctors, and everyone else, as well. Why do lawyers get such special treatment and privilege?”
They don’t. Again, file suit. Nothing is stopping you but your own ignorance of what you speak of.
Anonymous
“He’s fighting even that, tooth and nail, years after he’s been shown to be wrong. And you think that’s OK.”
He’s defending the case. Same thing doctors often do no matter how wrong they are. No one can make him not defend himself, no matter how wrong we think he all may be.
As for what you went through, it sounds like something pretty different if the govt. was involved. Can you elaborate? It may have nothing to do with this. Kinda like blaming your doctor because you have a beef w/ your health insurance company.
If lawyers deserve it, then doctors deserve their reputation as arrogant and greedy. If you’re going to label whole groups of people by the conduct of one or some, then don’t whine when it happens to you. And you’ll hear it as this single payer debate continues.
Anonymous
They are??
Ha, you owe me a new screen CJD. Try to find a lawyer to take on a case, then they don’t feel the need to insure themselves because they are defending themselves on their home turf. Lawyers don’t want to sue lawyers any more than doctors, unless they can win the jackpot. Hard to do with lawyers.
The fact that this doc is even fighting back is news. That something like this (fighting back against the lawyer) is news, says it all. And the sleazebag is fighting over six grand.
And what I went through? None of your business except to point out all players involved had law degrees. They should have known better, and they didn’t care. That I, and others, were hurt was a joke to them. Literally. I heard the laughter.
Personally, I label a group in the legal profession by the sleazy behavior of the majority of them. I sure as hell didn’t make up the line about 99% giving the 1% a bad name. Clean up your own act. Make your state Bar actually report attorney discipline. Somewhere where it can be found. Heck, make them acknowledge complaints. I’m batting zero for two with two state Bars.
Anonymous
“Try to find a lawyer to take on a case, then they don’t feel the need to insure themselves because they are defending themselves on their home turf.”
You must be joking. Google “Lawyer malpractice”, you’ll have no trouble finding a lawyer to take that case.
“None of your business except to point out all players involved had law degrees.”
If you’re not going to tell us what happened, then stop whining about the result.
Anonymous
The point is CJD is this is a frivilous case in this case (how much more can it be when the wrong doc is in the claim). Your defense of this guy and analogy’s to docs is sickening and shows were your bias truly lies. Good thing your are not a judge.
Anonymous
I’m starting to wonder if you guys can read. Where did I defend this guy?
Anonymous
Nobody said the doc involved, or a patient, should not be able to sue for noneconomic damages.
Just not get greedy and ask for tens of millions. If this doc goes off and starts asking for 20-million-dollars for emotional distress, I’ll know he went to law school at night.
Limit it to something reasonable. Since we can’t trust the bar to police itself, the public had to impose limits. Blame your greed CJD.
Anonymous
“Limit it to something reasonable.”
Given your extensive knowledge of his situation, how much is “reasonable”?
Lawyers don’t set the award, the jury does. Seriously, you really should educate yourself before continuing to post. I’m ashamed for you.
Anonymous
In a med-mal case, $500K.
As you trust the judgement of a jury, I think I’ll trust the people of Texas. They put the brakes on your gravy train in that state. California, Indiana, more and more states are seeing the light. Better to have doctors than give the trial bar a jackpot.
Temper temper little man. This seething is bad for you.
Anonymous
re” I’m starting to wonder if you guys can read. Where did I defend this guy?”
Ohh please why don’t you actually review your own pithy comments on this thread.
Anonymous
“In a med-mal case, $500K.”
So no matter what the injury is, you have arbitrarily chosen $500,000. That’s the number that, if you were rendered a quadraplegic today, you think your pain and suffering, inconvenience to your family, etc. is worth.
“Better to have doctors than give the trial bar a jackpot.”
You know, with you I don’t think it’s about putting more money in your pocket via reduced premiums. I think you’re just genuinely jealous of those more successful than you.
“Ohh please why don’t you actually review your own pithy comments on this thread.”
I have. Point out to me where I defended him. Or admit you don’t know what you’re talking about.
Anonymous
For pain and suffering. Economic damages for the quad. will run into millions and they are never limited. You know that, of course you want to lie about that fact.
That’s less arbitrary than the tens of millions you want in your pocket because of the patient’s suffering.