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Weinberger owes patient $150k for unnecessary surgery

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Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.

Gloria Gill is just one of many of Weinberger’s former patients who sued him for medical malpractice. Weinberger, an ear, nose and throat doctor in northwest Indiana, disappeared while on vacation in the Mediterranean with his family in 2004 and was apprehended in the Italian Alps in 2009.

In 2003, Weinberger told Gill she needed sinus surgery to relieve her migraines and congestion problems. He made it seem like he performed seven types of surgeries on her sinuses; in fact, like with other patients, he merely drilled two holes in the sinuses. Her pain got worse and she eventually stopped seeing Weinberger in April 2004 for follow-up appointments because he was not receptive to her issues.

A medical review panel found Weinberger failed to comply with the appropriate standard of care and Gill sued in March 2010. Testimony at the trial showed that Weinberger had shipped camping equipment to his office, seemed nervous and may have fled because of the mounting medical malpractice suits against him. The jury awarded her $150,000.

The appellate court held in Mark S. Weinberger, M.D., et al. v. Gloria Gill, 45A05-1203-CT-107, the trial court didn’t err in denying Weinberger’s motion for a judgment on the evidence regarding Gill’s claim of patient abandonment, citing Weinberger v. Boyer, 956 N.E.2d 1095 (Ind. Ct. App. 2011), which also involved a patient suing for medical malpractice.

The judges also held that the testimony concerning Weinberger’s odd behavior and subsequent flight was relevant admissible evidence because it established an inference of consciousness of guilt. It does not matter that Gill stopped seeing Weinberger before he fled.

Lastly, Weinberger waived for review his claim that the court erred in letting Gill testify that she felt humiliated and angry when she learned Weinberger had disappeared in the middle of the night. Weinberger failed to object to Gill’s testimony at trial.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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