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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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