If you and your family would like the benefits of tort reform you can use this official volunteer for tort reform form.

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

We are investigating a claim right now involving a Fredericksburg, Virginia orthopedist who:

1. decided to do an operation to remove a small lipoma on the back of our client’s shoulder;
2. once the surgery started he couldn’t figure out whether he was supposed to be operating on the front or the back;
3. he thought about canceling the surgery because he couldn’t figure it out and, since the patient was already anesthetized, he couldn’t ask her;
4. he decided against canceling the surgery and, instead relied on his “memory” of what the MRI said (he was wrong and the report telling him he was wrong was right in the file);
5. He then went and got the MRI, but misread it;
6. He went ahead and operated on the wrong side of the shoulder and when he couldn’t find the lipoma he get digging deeper and deeper;
7. He finished the operation and never did what he was supposed to do.

The patient ended up with one unnecessary surgery, lots of bruising, unnecessary scarring and needing additional care in the form of physical therapy;

(By the way, all of the above comes from the doctor’s own notes, not anything we are “guessing” about.)

The next day, during an office visit, he apologized to the patient, admitted he was wrong and offered to do the right surgery when he got back from vacation (which he was leaving for the next week.) –she’s no fool, though…what he did was very, very dangerous and she opted to have the lipoma removed later by a general surgeon (why was an orthopedic surgeon removing a lipoma anyway?)

This young lady did everything right. She made a very reasonable proposal to the doctor’s insurance company.

How–you say–could they possibly deny this claim.

They did. In a terse letter that explained nothing, the doctor’s insurance, company, (one that prides itself on taking every single case all the way through trial) said “we didn’t do anything wrong.”

The next time you see anyone writing anything about tort reform and plaintiff’s lawyers and “opportunistic patients” please drive them to this blog and get them to comment. I’d love to hear what they have to say about this.

By the way, we’ll release the name of this doctor once we file the case. We’ll also be filing a complaint with the Virginia Board of Medicine.. Again, by this doctor’s own words, he engaged in a very, very dangerous activity by starting a surgery he knew he should have canceled.

This law made plaintiffs submit a “Certificate of Merit” with any lawsuit that alleged medical malpractice.  The “Certificate of Merit” document had to be signed by a medical professional who possessed expertise in the defendant’s field.  When a doctor signs the Certificate, he or she is in essence saying that the feeling is that the standard of care was violated in some way.  In a medical malpractice case, it has to be shown that the standard of care was violated and that this violation was the cause of the plaintiff’s injury.

According to the court’s opinion, mandating that plaintiffs have to produce evidence before discovery, which is the time period that both sides trade documents and information, put an undue burden on the plaintiffs.  Also, the court decided that this requirement passed by the legislation interfered too much with the judicial branch and access to the courts, making it unconstitutional.

There is a lot of talk by politicians regarding tort reform.  It is crucial to understand that when they are talking about tort reform, they are basically talking about removing patients’ rights.