Infamous "Nose Doc" Starts First Trial

The first of many civil trials against Dr. Mark Weinberger began this week in Indiana state court, alleging the doctor committed malpractice by lying to a patient about his condition, billing for procedures which were not actually performed, and performing an unnecessary procedure which led to lasting pain and suffering and physical damage. This lawsuit is only one of some 350 lawsuits that have been filed against the doctor, who fled the country, was extradited from Italy, and is currently in prison awaiting trial on 22 criminal counts related to his medical practice.

The civil case against Weinberger first went before a medical review panel, which is a required step in Indiana in order to pursue a claim for medical malpractice. If successful, the plaintiff may obtain compensation from both the doctor's insurer and the Indiana Patient Compensation Fund (PCF). Doctors covered under the Indiana law are liable up to $250,000 in damages, while the PCF may pay up to an additional $1,000,000. Doctors can opt into the program by purchasing liability insurance up to the $250,000 limit and paying a surcharge into the state's PCF.

It appears much of this case will be a "battle of the experts" with both sides presenting expert medical testimony on several key issues, such as whether the procedures which were performed were medically necessary, and whether the procedures were performed incorrectly, causing damage to the patient. The defense already conceded in its opening statement that the doctor violated patient care standards, but the extent of any injury caused by the malpractice remains a disputed issue, one which will bear heavily on the amount of any jury award.

Indiana law shares significant similarities and departures from Colorado law. While Colorado does not require that a panel of experts review a claim before it can proceed, plaintiffs are required within 60 days of filing suit to certify that a competent expert has been consulted on the case. And while Colorado does not have a state-run patient compensation fund, it does require doctors and hospitals to maintain liability insurance of at least $500,000 per incident. As to damages caps, Colorado plaintiffs are limited in most cases to a $1,000,000 judgment, with a limit of $250,000 on non-economic damages such as pain and suffering, mental anguish, and emotional distress.

Whether actual damages are small, or even if they exceed a million dollars, the attorneys at Paulsen & Armitage will fight to see that the plaintiff is fully compensated for all economic harm such as medical expenses and lost wages. If you have been mistreated by your physician who performed unnecessary or damaging procedures, or abandoned you during the course of your care, contact Paulsen & Armitage, LLC for immediate assistance.