Question:
Has anyone still used a surgeon they found out had been sued for over a million?

I thought I had done ALL my homework when researching my surgeon and already have a surgery date set. But when checking the credentials of all the surgeons that may preform my RNY i have found one who has been sued-he paid over 1 million in damages in 99 and currently has onother suit pending from 2000. Obviously all people make mistakes and he does have a current/valid license. Also I have heard only wonderful things about him and his team. All of his staff have been superb with me also. So my question is: Has anyone out there still used a surgeon they KNEW had been sued and what was the outcome? I would like to remain anonamous with this question as I do NOT want to create ANY fear or mistrust for others. thank you    — Hally Sue N. (posted on February 7, 2003)


February 7, 2003
Sorry to burst your bubble but most physicians get sued at some time for some reason--that's why they have malpractice insurance. It is very common for a dr to have a pending law suit; insurance agencies are the same. I wouldn't worry too much about a couple law suits, but several ongoing all the time is definitely a red flag. Lawsuits are public information, you can check out the details at your courthouse or where ever the suit was filed. No surgeon is perfect, only human like you and me. They can't have everything go perfectly all the time, that is one of the risks we take. Good luck to you!
   — jenn2002

February 7, 2003
I used a surgeon that I knew had been sued. Didn't bother me a bit. He's as human as the next guy, and everyone makes mistakes. I absolutely LOVE my surgeon. I would (and do) recommend him to everyone. He's a general surgeon in the military, so it's too bad he can't take patients from the general public. :(
   — Diana L.

February 7, 2003
Well I dont know what happened in the case where he was sues, BUT now a days people sue for spilling hot coffee on themselves, they try to sue for the children being obease (eating at fast foods) Im not saying there are not situations that need to be looked into. I dont know if you have read this or not but in some states Doctors are walking out due to HIGH MALPRACTICE PREMIUMS, and the reason its so HIGH is that now a days people can sue for any reason they feel the need. Its a no win situation for Doctors. Like another poster said they are normal and yes they make mistakes, NO doctor would harm a patient on purpose. I hope you get what im saying I dont mean to beat around the bush I am just being careful here.
   — Schatzie1

February 7, 2003
Being sued doesn't always mean they did soemthing wrong.. or made a mistake.. it can just mean they were sued.
   — Lisa C.

February 7, 2003
Your surgeon did surgery on my surgeon and his wife.
   — faybay

February 7, 2003
I work in the legal field, court reporter/monitor for the past 13 years and I can tell you from first hand experience, sitting on trials, people get sued for absolutely NOTHING!! Someone gets rear-ended in a fender bender, and all of a sudden, their life will never be the same and they sue...that's why our auto insurance rates are so high. As far as Dr.'s getting sued, there are legitimate claims, I am sure. And just because someone was sued for $1 million does not mean that that was the actual judgment brought against them...that is just what the person suing is looking for in *damages* (legal term). Anyway, it does bear some looking into, but as opposed to the med/mal case, look into your surgeon's qualifications through your state medical board...any censure's there?? Any suspensions of license or anything like that? Remember, anyone can file a lawsuit. If there is anything on the medical board, then I would be really concerned...they are subject to peer review, not a ambulance chasing, money hungry personal injury lawyer's review of a case. Just my opionion. Have a Sparkling Day!! ~CAE~
   — Mustang

February 8, 2003
Hi. I am a plastic surgeon and trained as a general surgeon before specializing. What everybody has said is very true and I agree with the advice. My observations: Getting SUED is a sad part of being in practice today. The cost of defending the cases (even frivilous ones) is high, and that's why there are several states where liability insurance has gone up 400%, or the insureres simply leave. In Texas, 85% of cases are thrown out. Your doc may fall into this category. BUT paying a settlement is another issue. Also having a judgement against the doc COULD be a problem. You need those details and court records. The state medical board is a good source too, but in our state, the board needs to be stronger. Too often, things get under-reported and it takes a lot of flagrant activity for a doc to lose their license. Other things to look for are Board Certfication (www.abms.org) and membership in the F.A.C.S. These organizations require high performance standards to maintain membership. Sorry if I was on a soap box ! Hope it helps.
   — DrL




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