Re: Verdict drives physician into bankruptcy
From: Anna Meenan, MD (ANNAM@UIC.EDU)
Mon Feb 20 13:54:15 2006
Since when does numbness and tingling merit 5.6 mil? I have residual
numbness in the right lateral femoral cutaneous distribution since foot
surgery with prolonged tourniquet time. Can I collect 5.6 mil?
--
Anna Meenan, MD
At Sun, 19 Feb 2006, Dean Huffman . wrote:
>
>..
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>http://www.ama-assn.org/amednews/2006/01/16/prca0116.htm
>
>PROFESSIONAL ISSUES
>
>Verdict drives physician into bankruptcy
>
>In the Courts. By Bonnie Booth, AMNews correspondent. Jan. 16, 2006.
>
>It has been 10 years and nine lawyers since neurosurgeon Lenard J. Rutkowski,
>MD, was sued for medical malpractice. He holds out hope that sometime in 2006,
>he will finally be able to put the saga behind him.
>
>Unlike many physicians who are loathe to talk openly about the experience of
>being named in a lawsuit and its personal and professional ramifications, Dr.
>Rutkowski has plenty to say.
>
>He is willing to relive the details of his case as often as necessary to get his
>colleagues to heed his warnings and take his advice. He said he sees it as his
>duty to use his experience, as best he can, to help his colleagues.
>
>To that end, he and some attorneys advise:
>
>- Keep no possessions in your name.
>
>- Keep cash on hand if possible.
>
>- Keep checking accounts and credit cards which are separate from your spouse.
>
>- Invest in asset protection with a qualified and experienced attorney.
>
>- Have no joint accounts and no co-signers.
>
>- Get licensed in any state you might want to live and work in at some point in
>the future.
>
>If you believe legal experts who say that plaintiff's attorneys rarely go after
>physicians' assets if a verdict is more than the physician's coverage amount,
>these steps might seem a bit drastic.
>
>But Dr. Rutkowski is living proof that being one of those "rare" cases can be
>devastating for a physician and his or her staff, patients and family.
>
>A long road
>
>Dr. Rutkowski's story begins sometime in 1991 or 1992. He can no longer remember
>exactly when the middle-aged man who later became the plaintiff came to him
>seeking a third opinion on a work-related injury that was causing pain,
>numbness and tingling in his left arm. Two previous physicians recommended
>surgery on vertebrae C5-C6 and Dr. Rutkowski said it was feasible that a
>surgery might need to be done on C6-C7 as well. The man decided he wanted Dr.
>Rutkowski to perform a diskectomy.
>
>Dr. Rutkowski said the patient's weight made it difficult to see all the
>vertebrae because he had to be x-rayed from front to back rather than on his
>side. As a result, he said, what he thought was C5-C6 and C6-C7 turned out to
>be C4-C5 and C5-C6.
>
>For the next three months, Dr. Rutkowski saw the patient on a monthly basis.
>Following the surgery and physical therapy, Dr. Rutkowski said, the weakness in
>the patient's left triceps muscle was gone, but some numbness and tingling
>remained.
>
>Eventually he sought treatment elsewhere, and that neurosurgeon said Dr.
>Rutkowski should have operated on C6-C7 and the patient was still experiencing
>pain because Dr. Rutkowski hadn't.
>
>In 1995, the patient sued Dr. Rutkowski and the radiologist who interpreted the
>films used for surgery. Dr. Rutkowski's insurance company, ISMIE Mutual
>Insurance Co., appointed him a lawyer.
>
>In early 2001, before the case was scheduled to go to trial, Dr. Rutkowski told
>his wife about the lawsuit. He had not told her before, he said, because he did
>not want to upset her. She wanted him to settle, and they asked Dr. Rutkowski's
>corporate attorney to write a letter to ISMIE to that effect.
>
>Dr. Rutkowski says the letter was ignored, despite the fact that the plaintiff's
>attorney had indicated his client would be willing to settle for the policy
>limits and threatened to go after the physicians' assets if he won at trial.
>
>An ISMIE spokesperson said the company does not comment on individual cases or
>individual physicians.
>
>The case went to trial in November 2001 in Will County, Ill. Dr. Rutkowski said
>the plaintiff testified that he could not lift a coffee cup. The defense showed
>the jury a 38-minute surveillance videotape of the plaintiff lifting and moving
>two- and four-drawer metal cabinets.
>
>The jury awarded the plaintiff $5.6 million, $2.6 million more than the coverage
>Dr. Rutkowski and the radiologist had between them. In polling the jury, Dr.
>Rutkowski's attorney learned that at least one juror thought the videotape was
>an invasion of the plaintiff's privacy.
>
>Dr. Rutkowski appealed the verdict.
>
>For several months, he said, he received very little information about the
>status of the lawsuit.
>
>Then, in August 2002, his wife went to the bank and found out that all their
>corporate and personal assets had been frozen, including $100,000 worth of
>checks for payment of liability insurance, payroll and general bills. He was
>forced to turn over to the plaintiff's attorney all leases, 1040s for seven
>years, bank statements and deposit slips for the same time period, investment
>statements, housing records and accounts receivable, among other things.
>
>A settlement following the judgment had not been reached, and the plaintiff's
>lawyer wanted the full amount of the verdict.
>
>Dr Rutkowski said he was left with no choice but to file bankruptcy.
>
>On Sept. 5, 2002, with the help of two new lawyers, he filed corporate
>bankruptcy, which a government lawyer was appointed to oversee. For six weeks,
>he was unable to pay his staff. His assets were liquidated and his wife was
>forced to scrounge together funds to buy his office furniture and equipment to
>keep the practice running. In November of that year, Dr. Rutkowski began
>receiving a salary determined by the bankruptcy court.
>
>In October 2002, he filed Chapter 11 personal bankruptcy as well, and he had to
>hire another lawyer to handle that.
>
>Then, in June, 2004, the Illinois Appellate Court, Third District, overturned
>the jury verdict, leaving both sides to contemplate whether they were willing
>to endure the stress and expense of another trial. The parties decided to go to
>mediation and eventually reached an agreement in which the plaintiff settled for
>policy limits and signed off any rights to appeal.
>
>By this time, Dr. Rutkowski said, he had accumulated more than $400,000 in legal
>fees.
>
>He became a "poster child" for tort reform in Illinois, and his county medical
>society was one of the first to hold rallies and purchase billboard space to
>publicize its cause.
>
>But, in the end, Dr. Rutkowski became one of the many neurosurgeons to be driven
>from the state by the medical liability climate. He now practices in
>Mississippi.
>
>The settlement agreement provided for money to be returned to him. His corporate
>bankruptcy has been rescinded, but his personal bankruptcy has not, due to some
>disputes arising solely from the bankruptcy proceedings. He holds out hope they
>will be resolved soon as well.
>
>He believes he and his family have been made stronger by the experience -- which
>he calls enlightening, educational, expensive, exasperating and excruciating.
>But that doesn't mean he would wish it upon anybody else.
>
>Indeed, he wants his colleagues to take his story to heart and be as prepared as
>possible to protect their families and their careers.
>
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>Booth, a former Professional Issues editor, is now studying law. To comment on
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>this column contact Professional Issues Editor Tanya Albert
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>
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>(tanya.albert@ama-assn.org), 312-464-5748
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