Greedy Trial Lawyer
Hospital Risk Management Carried To Its Dishonest Extreme
Category: Desperate Defendants
There are hospitals that take the concept of risk management too far. From the Associated Press account of the conduct of one hospital's risk manager (and the likely assistance of other hospital folks) we learn post-malpractice deceit and concealment can be a management tool. After you read this report, take a minute to make a mental list of the people and positions who had to participate in, or have knowledge of, the dirty deeds. I come up with a rather large cast performing this risk management production.
Hospital sanctioned $1.3 million over lawsuit
A Parkersburg hospital has been ordered to pay a $1.3 million sanction in a medical malpractice case for allegedly violating court orders and other misconduct. Wood County Circuit Court Judge Robert Waters imposed the sanction against Camden-Clark Memorial Hospital in an order issued last week."Camden-Clark's violations of court orders, inaccurate answers in discovery, inaccurate testimony and all of its aggregated misconduct before this court, warrant substantial sanctions," Waters wrote in his order.
Waters' order came in a lawsuit that alleged malpractice in the death of Hilda Boggs. Boggs died in 2001 following surgery on a broken ankle.
Camden-Clark's alleged misconduct included failing to disclose to the plaintiffs during discovery that Sherry Johnston, the hospital's risk manager, had knowledge of the case, Waters said. During discovery, parties are required to disclose relevant information about the case unless it is protected by attorney-client privilege.
"Ms. Johnston, the hospital's own corporate representative, had interviewed at least eight key witnesses and possessed numerous documents critical to the facts of the case," Waters wrote.
Waters said Johnston allegedly told at least two witnesses to throw away or destroy notes, copies or documents they had made about Boggs' surgery.
"Camden-Clark's strategy in denying, throughout the case, things it knew well to be true went far beyond the privilege of putting the plaintiff to his proof. By breaching court orders, filing false discovery responses and by giving and permitting to be given inaccurate testimony under oath, and through multiple false statements to the court, the plaintiff and the jury, Camden-Clark engaged in litigation misconduct," Waters wrote.
Hilda Boggs appears to have selected a hospital that has lost its way in managing its risks.
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