Indiana Injury Law Blog

Unwarranted, unnecessary and unwanted cesarean section deliveries and hysterectomies not only put millions of women through anguish every year, but they also result in billions of dollars in expenses. That’s not even counting costs from the long-term impact of these procedures.

Unfortunately, cesarean sections are fast taking over as the most frequently used more of delivery in the United States. According to the National Center for Health Statistics Division of Vital Statistics, 31.1% of deliveries in the US in 2006 were through cesarean sections.

However, C-sections are recommended under two situations-placenta previa where the placenta attaches itself to the uterine wall covering the cervix, and placenta accrete, where the placenta does not attach itself to the uterine wall.

However, these situations are extremely rare, and in combination, account for less than 1% of all C-sections performed the US. That means up to 99% of C-sections performed the US every year might be unnecessary. These unnecessary surgeries severely increase complications for the mother. Some studies estimate that the risk of complications could be as high as four times. Besides, there are immense financial costs from these surgical deliveries. The cost of an average surgical delivery costs about 76 % more than a vagina delivery.

Similarly, the number of hysterectomies performed in the US is off of the charts. According to the Centers for Disease Control and Prevention, one out of every three women has undergone a hysterectomy by age 60. There is absolutely no corresponding similarity in procedures for men of the same age. 85% of these hysterectomies were not necessary.

Why do we have such high rates of gyno -obstetric surgeries in the US? One of the biggest factors is that that these surgeries are simply easier for doctors and hospitals for whom, time equals money. It's much easier to perform a C-section than it is to wait for a patient to deliver vaginally.

According to an article published in 2007 in Health Insurance Underwriters magazine, approximately $17 billion every year is spent on unwanted, unwarranted and unnecessary C-section and hysterectomies in the US. That is definitely a conservative estimate because it does not include the long-term impact of undergoing hysterectomies, like long-term medications, health complications etc. Unfortunately, most women who undergo C-sections and hysterectomies remain unaware that they have other choices, and that these procedures could, in the case of hysterectomies, cause irreversible damage to their health.

The Indiana medical malpractice attorneys at Theodoros and Rooth represent injured victims of surgical errors, misdiagnoses, failure to diagnose, emergency room errors, medication errors and other forms of medical malpractice around Indiana.

Out of the millions of surgical procedures that take place every year, approximately 7.5 million are believed to be unnecessary procedures. Other estimates place the number of unnecessary surgical procedures at 60% of the total number of surgeries in the country, excluding cosmetic surgery.

It’s distressful to think that your surgeon could recommend a surgical procedure that is not entirely necessary for you. Unfortunately, this happens all too often. Sometimes, this happens because of general ignorance, but other times, it happens because your doctor simply didn't care to research your condition in detail to determine that you were indeed an eligible candidate for surgery. However, as Indiana medical malpractice lawyers are finding out, many of these unnecessary surgeries are simply being performed by doctors who are greedy.

For every doctor, surgery means big money. Recommending a surgery to a patient makes much more financial sense for doctors than recommending conservative and time-consuming treatments and therapies. The greed for financial profits not just by doctors, but also the hospitals they work for, has meant millions of Americans going under the knife every year for unnecessary reasons.

The cardiac health sector has some of the highest rates of unnecessary surgical procedures in the country. According to some doctors, coronary bypass surgeries are the most frequently performed unnecessary surgeries in the country. These surgeries often lead to complications, and even death.

Women's health care has been another area where doctors freely push and promote unnecessary surgical procedures. Cesarean sections come to mind. Having a C-section has become exceedingly common these days. Many of the women who undergo a C-section remain blissfully unaware of their options, and are operated on by doctors who can't be bothered to wait for a vaginal delivery.

There's no doubt that these procedures are extremely lucrative for doctors and hospitals. In one case, an ophthalmologist billed his Medicare provider approximately $46 million over a period of four years, for unnecessary surgeries he had performed in patients.

Americans are going under the knife more than ever before, but very rarely, with good reason. That is a shocking fact, and entirely true. According to Prevention.com, every year, approximately 2.5 million Americans undergo an unnecessary surgical procedure. In many cases, these procedures not only do not benefit the patients, but could also actually cause them harm.

Here are four of the most common unnecessary surgical procedures performed in the US.

Knee arthroscopy
More than 650,000 knee arthroscopy surgeries are performed every year in the US. A study conducted in 2002 on osteoarthritis patients, found that there was no difference among these patients, and those who had undergone knee arthroscopy to treat their condition. That however does not seem to stop surgeons from recommending these procedures to thousands of patients every day

Spine surgery
Every year, more than 1 million patients in the US undergo spinal surgery. This is a major money spinner for surgeons. A typical spine surgery can include insertion of plates and screws, which means that the costs of the surgery get inflated. There's much money to be made here for surgeons, in spite of the fact that results after the surgery are nothing to write home about. People continue to suffer from chronic back pain even after having the surgery. More than 1 million patients in the US undergo spinal surgery every year.

Hysterectomy
Approximately 600,000 women go under the knife to have a hysterectomy every year. This is the second most frequent surgical procedure performed on women, next only to cesarean section deliveries. In some cases, hysterectomies are necessary to save a woman's life. However, those cases are few and far between. In an overwhelming majority of hysterectomies that take place in the United States every year, the decision to recommend a surgery was wrongly made.

Angioplasty
An angioplasty may not have much benefit if it is performed during certain times. For instance, an angioplasty performed when you're not having a heart attack may not benefit you. In fact, it could actually cause you harm. Angioplasty must be performed right after or during a heart attack to show the most results. That doesn't stop cardiologists across the US from recommending hundreds of thousands of angioplasty surgeries every year.

We are currently representing close to 300 people who suffered severe, and in some cases, long lasting damage from unnecessary ENT surgeries performed by Mark Weinberger. One of our clients was recently awarded $300,000 in damages in the first civil trial against Weinberger.

The Indiana medical malpractice lawyers at Theodoros and Rooth represent injured victims of emergency room errors, surgical errors, failure to diagnose, misdiagnosis and other forms of medical malpractice across Indiana.

I'm pleased to announce that the Indiana medical malpractice lawyers at Theodoros and Rooth have obtained a $100,000 verdict for our client, who had suffered serious medical injuries after undergoing a needless sinus surgery performed by “Nose Doc” Mark Weinberger. A jury of six found that Weinberger had performed an unnecessary surgery, and exposed our client 58-year-old William Boyer to unnecessary anguish and suffering.

Boyer's case was the first to go to trial since Weinberger was extradited to the United States. In 2004, Weinberger had disappeared during what was supposedly a family vacation to Greece. He had even been featured on America's Most Wanted. Last year, Weinberger was found hiding in a tent in the Italian Alps. He was later extradited to the United States, where he faced 22 counts of health care fraud against insurance companies.

This is our first verdict against Weinberger, and we will strive to recover justice for all our other clients who are still waiting for their cases to go to trial. We are currently representing at least 287 more former patients of Mark Weinberger. The struggle to recover justice for all these people has only just begun.

Defense attorneys for Mark Weinberger tried convincing jurors that our client had not really suffered lasting medical damage because of the doctor’s heinous actions in performing an unnecessary sinus surgery on him. They also argued that the holes in our client William Boyer's sinuses caused by the unnecessary surgery were correctible. They also pleaded for an award of just $25,000 to compensate Boyer for his suffering from the doctor’s actions.
Ultimately, the jury awarded our client damages of $300,000, 12 times what the defense asked for.
The Indiana medical malpractice lawyers at our firm have obtained an award of $300,000 in a medical malpractice lawsuit filed by our client William Boyer, against Mark Weinberger, the shamed doctor who performed unnecessary surgeries on hundreds of patients in one of the biggest healthcare frauds and medical malpractice cases in Indiana. Mark Weinberger's insurer will pay $250,000 of the damages, and the Indiana Patient Compensation Fund will pay the remaining $50,000.
The Indiana medical malpractice attorneys at our law firm now represent close to 300 former patients of Doctor Mark Weinberger, out of which 20 have cleared the biggest initial hurdle. Under Indiana's laws, a panel of experts consisting of three doctors has found medical malpractice in these cases.

The past couple of weeks has seen plenty of media coverage in Indiana and nationwide as the first of the civil trials against Mark Weinberger went to trial, and ended with a $300,000 verdict for the plaintiff.

Read more about the medical malpractice verdict that Indiana attorney Barry Rooth obtained for his client:

NWI.com

Post Tribune

Here are more posts from when the trial got underway in the latter half of August.

The start of the trial

This is an account of a key moment in the trial- when doctors testified that there was no need and no reason for a surgery on William Bowyer.

This is a look at a long line of Indiana medical malpractice lawsuits against Mark Weinberger, many of which are now due to proceed. We are representing close to 300 former patients of the Nose Doc.

NBC Chicago looks at the beginning of the Mark Weinberger Indiana medical malpractice trial that has riveted the nation.
http://www.nbcchicago.com/news/local-beat/weinberger-boyer-civil-medical-malpractice-suit-101352694.html

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.

GUEST COMMENTARY: Malpractice lawsuits perform a role of justice:

By Barry D. Rooth | Posted: Tuesday, December 29, 2009:

The recent apprehension of Dr. Mark Weinberger has generated enormous local and national attention, with the media revisiting the intriguing circumstances of his disappearance and reporting on the details of his accidental capture in a tent at the foot of an Italian glacier.

These headlines appear at a time when there is an ongoing national debate about reforms to fix the problems inherent in our health care system.

Of course, no discussion of health care can occur without the opponents of reform focusing on the evils of a tort system that allows patients and their lawyers to sue doctors for medical negligence.

The "tort-reformers" argue that it's these lawsuits that add billions of dollars to the nation's medical costs as doctors perform otherwise unnecessary tests to defend against potential malpractice claims.

We are also told that frivolous lawsuits filed by greedy plaintiff's lawyers threaten the doctors' ability to practice on account of the exorbitant costs of lottery-type verdicts and increased malpractice insurance premiums.

I think few Hoosiers understand the extensive limitations already imposed upon Indiana patients and malpractice actions.

In the 1970s, under the leadership of Gov. Otis Bowen, a doctor, our Legislature passed the Indiana Medical Malpractice Act, a comprehensive overhaul of the medical malpractice system that imposed extensive and unprecedented restrictions upon the filing and prosecution of a medical malpractice claim.

The statute provides, among other things, that every case under the act must be submitted to a panel composed of doctors charged with reviewing the conduct of their peers. Only about 19 percent of the panels find in favor of the patient. Attorney's fees are limited by the act, a doctor will never be required to pay the injured patient more than $250,000 (before 1999, the limit was $100,000), and the patient's recovery is capped.

While Indiana already has the most restrictive medical malpractice laws in the country, we now hear that the new health care reforms will further limit a patient's recovery of noneconomic damages to $250,000. If passed, the law will now make it possible for the owner of a prized racehorse to collect more for the horse's death than the parents of a child killed by medical negligence.

What neither the Indiana act nor the proposed reforms do, however, is find a way to effectively identify and protect the public against doctors who practice well beyond acceptable boundaries. If one subscribes to the "80/20 Rule," in which 20 percent of physicians are said to be responsible for 80 percent of the medical negligence claims, then identifying methods for improving quality of care for the 20 percent will go a long way to cutting back on malpractice claims and even putting attorneys like me out of business.

There should be no doubt that medical errors are a real societal problem. According to a July 26, 2000, article from the Journal of the American Medical Association, "44,000 and perhaps as many as 98,000 hospitalized Americans die every year from medical errors." While these are significant numbers, they do not account for non-hospital deaths from medical errors.

I cite these studies not to impugn the overwhelming majority of competent, caring and often brilliant physicians practicing in our community. I do it as a reminder that the medical community can do more to police itself.

All of which brings us to the famous Dr. Weinberger and the lessons that can be learned from his spectacular downfall. While he meticulously crafted a practice that minimized his interaction with his peers, he was not entirely sequestered. Many in the medical community knew of his alleged aberrant and negligent practices, but very few saw fit to take steps to bring his actions to light.

In January 2004, our office represented two patients in lawsuits filed against Dr. Weinberger. By the summer of 2004, a couple of months before he fled the country, our law firm was investigating 18 additional lawsuits.

I say this to remind those critical of the tort system that medical negligence claims do have utility beyond enraging physicians and the political right. In addition to providing justice for those harmed by negligence, they often expose medical practices and behavior that no reasonable person can defend, thus making our communities safer for those in need of medical care.

Barry D. Rooth is a lawyer with Merrillville-based Theodoros & Rooth, P.C.

http://nwitimes.com/news/opinion/guest-commentary/article_a8f0de6a-3d4a-52dc-b56a-79ae7c981fec.html