Court Lifts Stay on Mark Weinberger Medical Malpractice Case Involving Insurance Company
Earlier this month, the Seventh Circuit Court ruled that a stay on a medical malpractice case involving Indiana ear, nose and throat surgeon Mark Weinberger, would be lifted.
Weinberger is facing more than 300 medical malpractice claims. In fact, the Indiana medical malpractice attorneys at Theodoros and Rooth are representing several clients who were injured by the doctor's negligence. His medical insurance provider, Medical Assurance Company has been conducting Weinberger's defense in all these medical malpractice claims.
In 2004, Weinberger disappeared, and was found five years later in December 2009 in the Italian Alps.
During Weinberger's disappearance, Medical Assurance Company petitioned the Northern Illinois District Court with an injunction that would relieve it of its responsibility to defend the doctor in his medical practice claims. The company based this injunction on what it alleged, was a breach of its policies that requires cooperation between the insurance company and the insured party. This clause provides for denial of coverage to an insured party that does not comply with legal proceedings.
That court issued a stay at least until the medical malpractice claims against Weinberger were resolved. However, the Seventh Circuit Court has now ordered the removal of the stay. The seventh Circuit Court has said that the district court exceeded its legal discretion in ordering the stay. The case has now been remanded to the District Court. Medical Insurance Company will now have to show that the doctor’s disappearance and his absence from medical malpractice hearings contributed to the actual prejudice.
The Indiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of medical malpractice, including emergency room errors, surgical errors, failure to diagnose, medication errors, misdiagnosis and other forms of medical malpractice across Indiana.
