Legal Malpractice

Surgeon v. Attorney in Legal Malpractice Case

By (Andrew Lavoott Bluestone)

ANDREW ORDON, Plaintiff-Appellant, -v.- KAREN L. KARPIE, and MURPHY & KARPIE, LLC Defendants-Appellees.

No. 06-3347-cv
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
2008 U.S. App. LEXIS 7626
April 10, 2008, Decided

“Ordon retained Karpie to represent him in proceedings before the Connecticut Medical Examining Board ("CMEB") after a patient reported to the Connecticut Department of Public Health ("CDPH") an adverse result in a surgery performed by plaintiff. Plaintiff alleges that Karpie advised him to settle the charges against him with the CDPH and accept a Consent Order and fine rather than proceed to a CMEB hearing, but that in doing so she negligently failed to inform him that he might be subject to disciplinary action by licensing authorities in other states pursuant to reciprocal discipline statutes. Plaintiff further alleges as consequences of the settlement that (1) his medical licenses in New York and California were subject to reciprocal disciplinary proceedings; (2) he was unable to obtain malpractice insurance and hospital accreditation for six months in California; (3) he lost income; (4) he suffered from depression; and (5) he became physically disabled as a result of stress-induced carpal tunnel syndrome.”

“Plaintiff's action fails under a theory of legal malpractice as well. HN3 "As a general rule, for a plaintiff to prevail in a legal malpractice case in Connecticut, he must present expert testimony to establish the standard of proper professional skill or care." Davis v. Margolis 215 Conn. 408, 416, 576 A.2d 489 (1990). In order to prevail, plaintiff must prove that but for defendant's alleged wrongful act--the recommendation that he settle with the CDPH--that he would have prevailed before the CMEB and there would not have been disciplinary action in New York and California. Plaintiff's only disclosed legal expert admitted that she had never represented a physician in disciplinary [*5] or medical malpractice actions and had "no way of knowing" whether plaintiff would have prevailed before the CMEB.”

Full post as published by New York Attorney Malpractice Blog on April 24, 2008 (boomark / email).