Re: Challenge
From: art fougner, md (evsono@pipeline.com)
Tue Apr 20 15:11:53 2004
Simplest cure for frivolous suits is to have the loser foot the bill for
court costs.
art
At Tue, 20 Apr 2004, David Priver, MD wrote:
>
>Robert et al,
>These two disturbing examples of frivolous lawsuits should certainly
>serve to encourage the doubting attorney to put a cork into it as
>regards his contention that there is no such thing. Frivolous lawsuits
>are an epidemic, as any OB/GYN knows; we could all, I'm sure, cite a few
>we've seen with no problems. The issue now is to start to do something
>about this problem, and just talking among ourselves isn't going to do
>it. The crux of the problem (although not the entire problem) is the
>dishonest expert witness. For a colleague of ours to step into a
>courtroom to testify against you in those two cases is something which
>calls out for a system of accountability. Right now these folks operate
>essentially in secrecy. It's time to put a stop to that.
>I've recently written to a variety of OB/GYN and other publications
>asking that there be a change in editorial policy. It's time that when
>the weekly malpractice case reviews are presented, the identities of the
>experts be included in the article. Currently, these publications do
>not do this, for reasons I cannot understand. It would be very helpful
>if OBG Management, Contemporary OB/GYN, and AM News were to hear from
>all of you that you would like to see this happen as well. It's not the
>total solution, but it's a logical place to start.
>David Priver
>
>At Sat, 17 Apr 2004, RModugno@aol.com wrote:
>>
>>In a message dated 4/17/2004 7:57:06 AM Eastern Standard Time,
>>DoctorJoe@aol.com writes:
>>Soooooo, does anyone have one they can give me (or more than one) that I ca
>>answer with?
>>
>>Joe P.
>>
>>Here's two to begin with, Joe
>>
>>Abdi vs Robert Modugno MD et al.
>>
>>Cook County Circuit Court, Illinois. #84L06627. Filed: 4-5-84
>>Defendants Robert Modugno MD, Louis A. Weiss Memorial Hospital, Lakeview
>>Radiology SC, Strauss Surgical Group Associates SC.
>>Allegation: Wrongful Birth
>>Case Summary: Patient had laparoscopy. Chronic pelvic inflammatory disease
>>found. Patient told it was unlikely she would get pregnant. Did not pay hos ital
>>bill. Hospital sued patient. Patient then sued hospital and others after
>>patient fell pregnant, alleging that she would have used contraception if s e
>>thought she could get pregnant. Had normal, healthy child.
>>Outcome: Dismissed 2-13-86 prior to discovery phase.
>>Counsel: Pretzel & Stouffer, One South Wacker Drive, #2500, Chicago, Il
>>606-4673.
>>Tel # (312) 346-1973; File # 037904.01122-110/258
>>Insurance Co: Illinois State Medical Insurance Services, 20 N. Michigan Ave
>>#700,
>>Chicago, Il 60602. Tel # (3120782-2749
>>2. Parizanski vs Robert Modugno MD et al.
>>
>>Cook County Circuit Court, Illinois. #82L13741 Filed: 8-5-85
>>Defendants: Louis A. Weiss Memorial Hospital, Carl Jarolim MD, Robert Modug o
>>MD,
>>Strauss Surgical Group et al.
>>Allegation: Failure by associate to perform a timely Cesarean section.
>>Case summary: Dr Modugno saw patient twice- one prenatal and one
>>post-operative visit. Patient had Cesarean section for “fetal distr ss” by Dr Jarolim.
>>Subsequently infant found to have some form of mental retardation. Multiple
>>defendants in this case, including Parke-Davis, the manufacturer of Pitocin used
>>in this labor.
>>Outcome: Dismissed 6/12/86
>>Counsel: Baker & McKenzie, Prudential Plaza, Chicago,IL 60601. Tel #
>>(312)861-8000.
>>File # 85-0151
>>
>>Robert Modugno MD MBA FACOG
>>Marietta, GA
>>http://www.novaobgyn.yourmd.com
--
art fougner, md
ich bin ein New Yorker
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