Greedy Trial Lawyer
Bad Manners Get Defense Doctor Sued For Medical Malpracitce
Category: In Your Face
In every personal injury lawsuit the defense is permitted at least one examination by a defense doctor of its choosing. Many of these examinations are about as fair as a kangaroo court. Some get downright nasty. One plaintiff has struck back. Here are the details:
Can a neuropsychologist be sued for medical malpractice for his conduct in conducting a defense medical examination?Yes, says the Virginia Appeals Court in the case of Harris v. Kreutzer.
....following the exam, the plaintiff claimed that the neuropsychologist harassed and intimidated her during the exam. The plaintiff claimed that this neuropsychologist "verbally abused her, raised his voice to her, caused her to break down into tears in his office, stated that she was 'putting on a show,' and accused her for being a faker and a malingerer." As a result the plaintiff claimed that this conduct "aggravated her pre-existing condition, her post traumatic stress disorder and her brain injury"
The court said that the brain damaged plaintiff can go forward with her case and attempt to convince a jury that the conduct of the neuropsychologist was contrary to accepted standards of conduct and that the unacceptable conduct caused her further injury.
Excerpted from the words of Attorney Michael V. Kaplen who posted a summary of the case on his blog.
Trackback Pings
TrackBack URL for this entry:
http://www.greedytriallawyer.com/admin/mt-tb.cgi/131