Re: Verdict drives physician into bankruptcy
From: art fougner, md (evsono@pipeline.com)
Mon Feb 20 18:10:38 2006
Anna
you should have dialed 1-800-SHYSTER
Art
At Mon, 20 Feb 2006, Anna Meenan, MD wrote:
>
>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:
>>
>>..
>>
>>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
>>--------------------------------------------------------------------------------
>>--------------------------------------------------------------------------------
>>
>>--------------------------------------------------------------------------------
>>--
>>--------------------------------------------------------------------------------
>>(tanya.albert@ama-assn.org), 312-464-5748
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>>
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>
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--
art fougner, md
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