Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Publicity and sharing our experiences are our best tools against legal injustice

Mark Lopatin, MD
Physician
January 24, 2022
Share
Tweet
Share


An excerpt from Rheum for Improvement: The Evolution of a Health-Care Advocate.

Their expert witness, “Dr. Z,” was simply a hired gun willing to do their bidding for a price. He had completed only one year of a rotating internship in family practice in the 1960s. He had not done a residency and had no rheumatology training. He had not seen a patient in 14 years and made his living providing “expert testimony.” Had this been an actual malpractice lawsuit, he would have been disqualified from testifying based on the Act 13 mandates in Pennsylvania that were passed in 2002. As noted in Chapter 3, this ruling decreed that any expert who testifies must have training in the same area as the defendant and must be in active practice or recently retired. Dr. Z met neither of these criteria. That did not stop the state board of medicine from using him against me.

Dr. Z’s review of my chart can only be described as stunning. I had to ask my attorney multiple times if he had actually given my entire chart to Dr. Z, as it was clear that Dr. Z had not read it carefully. He made a number of baseless attacks, such as noting the absence of a history or physical in the chart, when in fact, there was a complete history and physical in the chart. His 16-page report contained at least 25 errors of fact. It is one thing to criticize me on my choice of medications or my medical judgment; it is another to criticize me for not doing something that the chart clearly demonstrates that I did. As an example, he accused me of failing to document fibromyalgia tender points in my initial exam when this was clearly documented. He based his medical “opinions” on one superficial article on fibromyalgia. I am being generous when I say that his testimony was highly questionable in terms of its accuracy and its validity. Fraudulent would be a more appropriate word. Nonetheless, his errors and the argument that he was not qualified to testify based on Act 13 mandates fell on deaf ears. The state board noted that they were not required to follow Act 13. They simply did not care, as his testimony served their underlying agenda.

The trial was approaching in the summer of 2005 and I was a nervous wreck. My skills, competence, and most importantly, my integrity, were being impugned. I was outraged at Dr. Z’s written report. My entire future was at stake against an opponent who was not interested in fairness, justice, or the truth. My wife and I arranged for child care and we traveled to Harrisburg in July for the two-day trial.

At the trial, I finally met Dr. Z in person. He extended his hand to me and without thought, I shook it by default. I immediately regretted it. That single act of civility has haunted me since then. How could I possibly have accepted the hand of someone who was intentionally trying to destroy me without regard for the truth? I sacrificed my self-respect in that instant in the name of good manners. I have not been able to come to terms with that, even after all these years. It was truly a life-changing action for me. I was already 48 years old at the time, but I learned a lot about myself and grew up quite a bit that day. Courtesy and consideration are important but should not be rendered to those who engage in unethical behavior.

The trial then commenced. The hearing examiner allowed Dr. Z’s testimony, despite his lack of qualifications. During the trial, Dr. Z continued to make ridiculous assertions that demonstrated his lack of knowledge of the current practice of medicine and more specifically the practice of rheumatology. This was not surprising as he had no rheumatology training, but it was distressing nonetheless. His oral testimony continued to demonstrate that he had not read my chart thoroughly. He repeatedly drew conclusions criticizing my care, which were not substantiated by the facts of the case. He was on the witness stand for a day and a half. It was excruciating to listen to him with the thought that the hearing examiner might find his testimony credible.

My expert witness was board certified in pain management. After he refuted the nonsense spewed by Dr. Z, it was my turn to take the stand. I did so with great apprehension and was visibly shaking as I sat there. The prosecuting attorney grilled me, but I had an answer for every question she posed. My chart was well documented on every challenge that she raised. My testimony must have been very damaging to their case against me, as I was only on the stand for 20 minutes, compared to the day and a half that Dr. Z had testified.

Then it was over. I was numb. I waited nervously for a result and tried to resume normalcy.

I do not hesitate to share what I endured. I recognize that there is a code of silence that must be broken when one is involved in legal action. It is imperative that we speak out to patients, legislators, and other physicians against these types of injustices. The sense of isolation can be overwhelming. I do not want anyone to go through what I have gone through, questioning myself, my skills, and my self-worth. Hopefully sharing our stories will help to give other physicians added strength. I have come to firmly believe that publicity and sharing our experiences are our best tools against legal injustice.

Mark Lopatin is a rheumatologist and author of Rheum for Improvement: The Evolution of a Health-Care Advocate.

Image credit: Shutterstock.com

Prev

What it's like to work with International SOS

January 24, 2022 Kevin 0
…
Next

Lessons in caring too much from a fictional physician [PODCAST]

January 24, 2022 Kevin 0
…

Tagged as: Malpractice

Post navigation

< Previous Post
What it's like to work with International SOS
Next Post >
Lessons in caring too much from a fictional physician [PODCAST]

ADVERTISEMENT

More by Mark Lopatin, MD

  • This physician is retiring. Here’s his most valuable lesson.

    Mark Lopatin, MD
  • Will COVID-19 stop the devaluation of physicians?

    Mark Lopatin, MD
  • Are physicians allowed to be human?

    Mark Lopatin, MD

Related Posts

  • Sharing mental health issues on social media

    Tarena Lofton
  • The mental health benefits of sharing stories

    Vibhu Krishna
  • What this medical student learned as a legal extern

    Ton La, Jr., MD, JD
  • If health care is a right, so should having legal insurance

    Thomas D. Guastavino, MD
  • Is health care just legal human trafficking?

    Debra Blaine, MD
  • Legal challenge from Disability Rights Texas may have repercussions in schools across the country

    Eva Kittay, PhD

More in Physician

  • A pediatrician’s role in national research

    Ronald L. Lindsay, MD
  • The danger of calling medicine a “calling”

    Santoshi Billakota, MD
  • Physician work-life balance and family

    Francisco M. Torres, MD
  • Love and loss in the oncology ward

    Dr. Damane Zehra
  • The weight of genetic testing in a family

    Rebecca Thompson, MD
  • A surgeon’s view on RVUs and moral injury

    Rene Loyola, MD
  • Most Popular

  • Past Week

    • A doctor’s letter from a federal prison

      L. Joseph Parker, MD | Physician
    • When language barriers become a medical emergency

      Monzur Morshed, MD and Kaysan Morshed | Physician
    • A surgeon’s view on RVUs and moral injury

      Rene Loyola, MD | Physician
    • The link between financial literacy and physician burnout

      Hayley Gates & Ketan Kulkarni, MD | Finance
    • A doctor’s tribute to her father

      Manisha Ghimire, MD | Physician
    • How early intervention and team-based care can change kidney disease outcomes [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Rethinking the JUPITER trial and statin safety

      Larry Kaskel, MD | Conditions
    • How one physician redesigned her practice to find joy in primary care again [PODCAST]

      The Podcast by KevinMD | Podcast
    • I passed my medical boards at 63. And no, I was not having a midlife crisis.

      Rajeev Khanna, MD | Physician
    • The silent disease causing 400 amputations daily

      Xzabia Caliste, MD | Conditions
    • The measure of a doctor, the misery of a patient

      Anonymous | Physician
    • A doctor’s struggle with burnout and boundaries

      Humeira Badsha, MD | Physician
  • Recent Posts

    • How early intervention and team-based care can change kidney disease outcomes [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why our health system fails chronic disease patients

      Kinan Muhammed, MD | Conditions
    • AI moderation of online health communities

      Kathleen Muldoon, PhD | Conditions
    • Why physicians need a personal CFO and how tax mitigation fits in

      Erik Brenner, CFP | Finance
    • Why doctors must fight misinformation online

      Monzur Morshed, MD and Kaysan Morshed | Conditions
    • A urologist’s perspective on presidential health transparency

      William Lynes, MD | Conditions

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

Leave a Comment

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • A doctor’s letter from a federal prison

      L. Joseph Parker, MD | Physician
    • When language barriers become a medical emergency

      Monzur Morshed, MD and Kaysan Morshed | Physician
    • A surgeon’s view on RVUs and moral injury

      Rene Loyola, MD | Physician
    • The link between financial literacy and physician burnout

      Hayley Gates & Ketan Kulkarni, MD | Finance
    • A doctor’s tribute to her father

      Manisha Ghimire, MD | Physician
    • How early intervention and team-based care can change kidney disease outcomes [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Rethinking the JUPITER trial and statin safety

      Larry Kaskel, MD | Conditions
    • How one physician redesigned her practice to find joy in primary care again [PODCAST]

      The Podcast by KevinMD | Podcast
    • I passed my medical boards at 63. And no, I was not having a midlife crisis.

      Rajeev Khanna, MD | Physician
    • The silent disease causing 400 amputations daily

      Xzabia Caliste, MD | Conditions
    • The measure of a doctor, the misery of a patient

      Anonymous | Physician
    • A doctor’s struggle with burnout and boundaries

      Humeira Badsha, MD | Physician
  • Recent Posts

    • How early intervention and team-based care can change kidney disease outcomes [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why our health system fails chronic disease patients

      Kinan Muhammed, MD | Conditions
    • AI moderation of online health communities

      Kathleen Muldoon, PhD | Conditions
    • Why physicians need a personal CFO and how tax mitigation fits in

      Erik Brenner, CFP | Finance
    • Why doctors must fight misinformation online

      Monzur Morshed, MD and Kaysan Morshed | Conditions
    • A urologist’s perspective on presidential health transparency

      William Lynes, MD | Conditions

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Leave a Comment

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...