Guilty by More than a Nose

The Post-Tribune is reporting that the attorney for Dr. Mark Weinberger, an international fugitive on trial for medical malpractice, stated that the civil lawsuit is all about money.

James Hough, Weinberger's Merrillville defense attorney, conceded that his client, now facing up to 350 medical malpractice lawsuits and criminal fraud charges, did violate the patient standard of care determining negligence.

A panel of three physicians also found Weinberger guilty of malpractice in this case brought by his former patient, William Boyer. 

Boyer, of Gary, filed the lawsuit in Lake Superior Court in Hammond.

As the plaintiff, and the defense, are in agreement the trial still needs to proceed to determine a possible award between $1 million to $5 million in damages for long-term pain and suffering.

Hough hopes that jurors award an amount that requires less from Weinberger's medical malpractice insurance carrier.

Plaintiff's attorney, Barry Rooth, stated Weinberger billed Boyer $42,000 for nine procedures, some of which the doctor didn't perform, before he fled his patient, medical practice, country and authorities in September 2004.

Weinberger left Boyer with two holes that he had drilled into his maxillary sinuses.  The holes are not supposed to be there and serve no purpose. 

Weinberger was captured in the mountains of northern Italy in September 2009. 

He faces a 22-count indictment, while the Indiana Medical Licensing Board has revoked his license.  Rooth has another 286 clients filing suits against Weinberger.

Rooth is planning on introducing evidence that would show that Weinberger caused intentional harm and long term suffering because he performed obsolete sinus procedures.  The failed surgery, done without consent, has caused Boyer to fear all doctors while suffering from continuous pain and difficult breathing.

Rooth said that Weinberger misread both x-rays and a CT scan when he recommended surgery to his client.  He says that this case is about betrayal - not money -  and a violation of Weinberger's medical oath not to harm patients, "Mr. Boyer had no disease in his sinuses. A doctor must never needlessly harm or endanger a patient. Ever."

Hough told jurors, "You won't have to decide to grant a verdict. Your job is to decide what the damages are and what is fair and reasonable compensation. They want you to base your decision of damages on other than his actual condition.  I'm asking you to do justice and award reasonable and fair compensation, not paying Mr. Boyer for a condition he's had for 20 years."  He also asserted that though Rooth claims his client is now afraid of seeing other doctors, Boyer has since sought medical care. 

Hough also has made a suggestion that Boyer's sinus problems and allergies preceded Weinberger's January 2004 surgery.

Weinberger is currently in prison.  His ex-wife, Michelle Kramer will make her deposition via videotape.

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