Personal Injury Law

7th Circuit Lifts Stay in Medical Malpractice Case

By Steven M. Levin and John J. Perconti

The Courthouse News Service reports that the complicated medical malpractice saga of Dr. Mark S. Weinberger continued this week as the 7th Circuit ruled on an issue in his Chicago area medical malpractice case.

Dr. Weinberger is charged with an astounding 350 claims of medical malpractice and billing fraud. He had operated an ear, nose, and throat practice in Merrillville, Indiana before fleeing to Greece to escape responsibility for his malpractice and criminal fraud. Fortunately, in 2009 an international warrant led to his arrest in Italy. He was extradited back to the United States to face the consequences of his abuse shortly after.

However, in order to avoid paying the victims of Dr. Weinberger?s actions, his insurance company, Medical Assurance Co., is arguing that Dr. Weinberger?s attempt to evade arrest resulted in a breach of the ?cooperation clause? in his insurance contract, voiding the insurance coverage. In other words, the insurance company is claiming they no longer have to defend the doctor?s actions or pay the victims of his abuse, even though he maintained medical malpractice insurance with the company throughout the time of his 350 abuse claims.

This week, the 7th Circuit overruled a District Court decision that temporarily halted the case involving the alleged cooperation clause violation. Instead, the court ruled that the District Court should continue hearing the Medical Assurance Co. argument and decide whether or not the insurance company is actually responsible for paying the victims of the medical malpractice.

As the complicated issues in this case make clear, negligent doctors and insurance companies are often willing to pull out all the stops to avoid compensating the victims of their abuse. It is for that reason that anyone who may have suffered at the hands of doctor error should contact a medical malpractice lawyer immediately. The attorneys at Levin & Perconti have decades of experience battling big insurance companies like Medical Assurance Co. You cannot afford to fight for your medical rights against large insurance companies without the guidance of the experienced, successful medical malpractice attorneys on your side.

Full post as published by Illinois Medical Malpractice Blog on June 25, 2010 (boomark / email).