VA Man Wins Medical Malpractice Lawsuit Based On Recording

A Virginia man won a medical malpractice lawsuit after a recording of his procedure revealed that the doctor and anesthesiologist made insulting remarks and falsified his medical records. The man, who was identified only as “D.B.” in court documents, filed the medical malpractice lawsuit after he listened to a recording of his colonoscopy. The recording included physical threats, false diagnoses and insinuations about the patient’s sexual habits. The jury awarded the patients $500,000 after hearing the recording.

Details of the Medical Malpractice Lawsuit

The medical malpractice lawsuit named Dr. Solomon Shah, the gastroenterologist, and Tiffany M. Ingham, the anesthesiologist. The judge dismissed Dr. Shah from the medical malpractice lawsuit, instead focusing on the insulting remarks of Dr. Ingham. The jury awarded the patient $500,000, including $100,000 for the comments, $200,000 for medical malpractice and $200,000 in punitive damages. The patient’s attorneys were seeking $1.7 million, but accepted the lesser verdict.

Insults Prompt Medical Malpractice Lawsuit

The patient visited a gastroenterologist’s office in nearby Reston, Virginia, to have a routine colonoscopy procedure. Before the procedure, the man set his cellphone to record the procedure so that he would remember the doctor’s post-operative instructions. The patient’s medical malpractice lawsuit maintains that the doctor and anesthesiologist made several disparaging remarks about him while he was under the anesthesia. According to the medical malpractice lawsuit, the insults included the anesthesiologist calling the patient a “retard”, insinuating that he was gay, and saying “I wanted to punch you in the face.”

Medical Malpractice Lawsuit Alleges Falsified Records

The medical malpractice lawsuit also alleged that the doctor instructed his assistant to place false information in the patient’s medical records. The information included the false statement that the patient had hemorrhoids. The doctor also discussed a rash on the patient’s genitals, telling his assistant, “as long as it’s not Ebola, you’re okay.” The medical malpractice lawsuit also stated that the doctor did not discourage or reprimand the anesthesiologist for her remarks, including when she called his genital rash “tuberculosis of the penis.”

Medical Malpractice Lawsuit and Patient Privilege

Observers of the law surrounding doctor-patient privilege weighed in on this curious medical malpractice lawsuit. Lee Berlik, a Reston lawyer who specializes in defamation law, told the Washington Post that he had “never heard of a case like this.” He said that, while the comments would typically be considered privileged communication, the presence of more than one other person in the room negated such protection. According to Mr. Berlik, the patient would have a defamation claim if a doctor told someone else that he suspected the patient had a disease and if the listener accepted that assertion as fact.

Source: Washington Post

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