Nine months ago, well-known surgeon Dr. Marc Siegel, was charged with felony property damage after allegedly scratching Dr. Jim Lebolt’s vehicle with a key while the car was in the Montgomery Regional Hospital parking lot in October.  Just last Monday, the felony charge was lowered to a misdemeanor in Montgomery County Circuit Court.

In January, Dr. Siegel pleaded no contest, as he agreed that there was enough evidence to find him guilty. However, there was some argument over whether the charge should have been a felony.  For property damage to be considered a felony, the damage has to exceed $1,000.  Even though it cost over $1,000 to repair the BMW, another shop gave an estimate that was less than $1,000.

Circuit Court Judge Ray Grubbs decided that Dr. Siegel has complied with the terms of a written agreement and had no new charges.  The Judge therefore dismissed the felony charge against the surgeon.

So, what would cause a prominent surgeon to key another surgeon’s car? According to Dr. Siegel’s lawyer, it was the result of “peer rivalry.”

According to the Roanoke Times, Dr. Siegel apologized not only to his patients, but also to Virginia Tech athletes, with whom he served as a team surgeon.  He said that he did not set a good example.

A recent federal study revealed some shocking practices in these medical centers.  According to this study, researchers found that in some centers, the medical staff failed to wash hands, wear gloves and clean blood glucose meters.  These findings, which were reported in the Journal of the American Medical Association, implied that these poor infection controls could be occurring in the nation’s more than 5,000 outpatient centers.

This study followed the outbreak of hepatitis C that took place in Las Vegas. It was believed that this outbreak was the result of unsafe injection practices at two clinics, which have since been shut down.

During the study, inspectors visited 68 centers in Maryland, North Carolina and Oklahoma.  While at the facility, inspectors followed at least one patient through an entire stay.  Even though the inspectors’ visits were not announced ahead of time, the medical staff was informed once they arrived.

Researchers discovered that 67 percent of the centers studied had at least one lapse in infection control and 57 percent were cited for deficiencies.

“These people knew they were under observation, had the opportunity to be on their best behavior and yet these lapses were still identified, some of which potentially are very dangerous and have been warned against explicitly,” commented Dr. Philip Barie of Weill Cornell Medical College in New York.

If you believe you have been harmed by medical malpractice in Virginia, be sure to order a free copy of Fairfax medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

What makes matters even worse in a medical negligence case is that the jurors are often misled by the insurance industry. The insurance industry spends millions funding “research” to suggest that there is a prevalent problem with medical malpractice lawsuits.  This research supposedly shows that excessive verdicts are causing malpractice insurance carriers to increase their premiums, which in turn is pushing doctors out of the medical field.

When jurors hear this type of message from the insurance industry, they often award lower verdicts than they would have ten years ago.  That means that many victims of medical negligence receive less from the jury than what is needed to cover their medical expenses.

You can read more about these lawsuits and why so many malpractice victims don’t recover compensation in Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

In a medical malpractice suit, you have to prove that the doctor or hospital’s actions deviated so far from what is the accepted standard within the medical field that they would be considered negligent.  However, that’s not enough to win your case.  You also have to show that this negligence was the primary cause of your injury.

One of the key elements to winning a medical malpractice case is a physician expert witness. That means you need to find a doctor in the same specialty as the negligent physician who is willing to testify that the conduct fell below accepted standards.  These witnesses are not always easy to find and when you do locate one, don’t be surprised by how expensive it will be.

Physicians are usually reluctant to testify against fellow medical professionals. Therefore, it is sometimes necessary to bring in physicians from other parts of the country, which ends up increasing the cost.

For more information regarding medical malpractice suits, order your copy of Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

On December 29, Dr. Cashion of the Anesthesiology Consultants of Virginia, filed a civil lawsuit claiming that Dr. Smith accused him of euthanizing a patient who died during surgery in November.  Dr. Cashion had other examples of alleged defamatory comments made by Dr. Smith, including one statement that he “gave up” on a patient.  He is pursuing $2.35 million in compensatory and punitive damages.

According to Paul Beers, who is representing Dr. Smith, “all of these alleged statements are matters of opinion and hyperbole.”  He argued in court documents that opinions are protected speech.  Mr. Beers went on to say that “Dr. Smith pleads that he made no false assertions or fact concerning Dr. Cashion.”

Dr. Smith’s lawyer has requested that the suit be dismissed and that Dr. Cashion pay for legal fees.  If he is not able to get the case dismissed, Dr. Smith has requested that he receive a jury trial.

The Roanoke Times reported that Dr. Cashion’s attorney, Scott Austin, hasn’t responded in court to the latest documents.

It is believed that 45-year-old Iris F. Allen, a single mother of two, defrauded as much as $1.3 million from a state fund for children who have lifelong birth injuries.  According to investigators, Ms. Allen falsified or inflated invoices for handicap-accessible vans and housing renovation work.  Apparently, she established two fictitious companies, including a design firm and van-conversion firm.

Judge Hudson described how the money that Ms. Allen defrauded was spent.  Allegedly, she spent $200,000 for clothing and jewelry, $108,000 for household goods, $12,000 for electronics, $35,300 for vehicles and nearly $20,000 for shoes and handbags. Ms. Allen has been ordered to start making restitution once she leaves prison.  Keep in mind that the fund she stole from was supposed to go toward the care of children injured at birth. At this point, only about $8,000 has been recovered.

Ms. Allen’s attorney, Arnold Henderson, told the court that no families went without benefits due to the theft.  Later he mentioned legislative studies that showed a lax program supervision and tens of millions of dollars in investment losses.  However, this statement wasn’t as surprising as something else he said – “there has been an environment there that created an opportunity for Iris to become someone other than who she really is.”

Malpractice insurance companies have standard defenses they often use, which include the following:

• The injury could not have been prevented, as it was a result of the initial condition.
• The injury was due to the patient not following the doctor’s advice.
• The risk of the particular injury was an accepted one.
• Someone else caused the injury.
• A previous illness or condition led to the injury.

To have a successful claim, you are going to have to prove that there is a clear connection between the defendant’s misconduct and the injury you have sustained.

For more information regarding medical negligence claims, read Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Will Never Recover a Dime.  This book discusses the factors involved in medical malpractice cases and answers many of the commonly asked questions.

One of the most important decisions that you will make when it comes to the outcome of your case has to do with selecting a lawyer.  Fairfax medical malpractice lawyer Ben Glass provides a list of great questions to ask any potential candidate in his book, The Truth About Lawyer Advertising.  These are things that you should find out before hiring someone.

You may be worried that you will offend an attorney with your series of questions, but the truth is that most lawyers will not be insulted.  Instead, they will most likely welcome them, because it shows that you have taken the time to educate yourself.

The list that is included in the book is quite extensive, but here is a brief sample of what you should inquire about when talking with a medical malpractice lawyer:

1.    How many years have you been in practice?

2.    Do you have actual experience handling my type of case?

3.    Where can I read about your other cases?

4.    Are you listed in Best Lawyers in America®?

5.    Are you board certified by any state or nationally recognized organization?

To obtain the full list of questions, order your copy of Ben’s book at http://www.thetruthaboutlawyerads.com/.  The book is free for Virginia residents.

The local hometown paper in Fredericksburg has picked up on the story and here’s a link to it.