Personal Injury Law

Negligent Surgeon Settles for $2.2 Million - Doctor had extensive Past Issues to Allow Attacks on his Credibility at Trial

By Benjamin J. Sansone, Esq.

A former patient of Doctor Chao, the Chargers' team doctor, received a $2.2 million dollar settlement in a medical malpractice settlement after filing a medical negligence lawsuit against the doctor for negligently lacerating her femoral artery, vein and nerve during a routine hip surgery.

The personal injury victim and claimant, is now required to take several different types of medications daily to deal with ongoing and severe chronic pain, additionally, she walks with a limp. The patient and her husband received personal injury settlements for economic and non-economic damages. The patient?s husband received a portion for loss of consortium, while the patient, herself, received awards for pain and suffering, future life care and loss of income.

Currently, our St Louis personal injury law firm, is pursuing a case with similar injuries against a negligent St Louis area doctor for an improperly performed nerve root block injection, commonly referred to as a pain injection. See Missouri Medical Negligence - Paralysis from Pain Injection

The negligent surgeon, mentioned at the beginning of this article, Chao has been sued a total of 20 times by former patients alleging personal injury, negligence, and fraud along with other medical malpractice claims. Chao was also under investigation for writing 108 prescriptions listing himself as the patient. He denied such claims and said they were nothing more than clerical errors. Chao attained the position of Charger?s doctor when the former doctor, Gary Losse, was fired due to an alleged addiction to narcotics ? narcotics that Chao had been issued a $1,000 citation for unlawfully prescribing to Losse.

In a previous blog we discussed Missouri medical negligence law regarding impeachment. To be able to admit as evidence the long list of legal problems Dr. Chao has and continues to face and impeach him as credible, Missouri personal injury attorneys are allowed on cross-examination to ask ?questions about any specific incidents of misconduct?.that might tend to cast doubt on his credibility, veracity, or truthfulness?. Also, attorneys are allowed to ask a witness or the defendant (or other witness) if they have heard of any ?convictions, arrests, rumors or accusations of specific misconduct? However, such specific instances may not be proven by extrinsic evidence?. Chao?s prior drinking and driving arrests and complaints filed by the medical board regarding his abuse of alcohol and unprofessional conduct should also be admissible for impeachment.

San Diego Chargers Doctor Settles for 2.2 Million

Full post as published by Missouri Injury Law Blog on January 17, 2011 (boomark / email).