DocBlawg

BLOG UPDATE:  After hearing 12 trial witnesses the case against Meadowview was settled over the weekend for an undisclosed sum.  The last witnesses to be heard were a Meadowview Board Member, an expert economist, and a physician/credentialing expert.  Board Member O’cull testified that she wasn’t alerted to the qualifications of Dr. Gunn and she was unaware that he had botched two surgeries before Ms. Lang’s surgery.  The Plaintiffs’ economic expert testified that the economic losses involved totaled more than $500,000.  Dr. Bonta, Plaintiffs’ credentialing expert, testified regarding the red flags that surrounded Dr. Gunn and his qualifications, the lapses in by the hospital in investigating Dr. Gunn’s background, lapses by the hospital in reporting prior incidents by Gunn, as well as other concerns. 

[See:  http://www.maysvilleonline.com/articles/2009/08/15/local_news/doc4a83959fd07cc536019880.txt].

The trial was set to continue today. 

However, the settlement was reached on Saturday.  Meadowview issued this statement about the settlement:

“Meadowview Regional Medical Center is pleased that the hospital and the Lang family have reached a satisfactory resolution on the case prior to the conclusion of the trial. We believe that it is in the best interest of the hospital to put this matter behind us at this time.  Our resolution of this case is not an admission of fault on the part of Meadowview. In fact, we strongly believe and intended to demonstrate during the trial that Meadowview and its medical staff followed all appropriate protocols, policies and procedures in credentialing Dr. Gunn and that the hospital and medical staff responded quickly, appropriately and decisively when made aware of concerns related to his treatment.  At Meadowview, quality care and patient safety are the top priority for our hospital and medical staff. The latest data released by the US Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) validates that Meadowview exceeds national standards for best care practices. Similarly, Meadowview’s physician credentialing protocols follow national standards designed to ensure quality care and patient safety.  We regret the loss endured by the Lang family. We wish the Lang family all the best.” 

[See:  http://www.maysville-online.com/articles/2009/08/16/local_news/doc4a887e9f01eae108834252.txt].

It should be noted that Mrs. Lang’s family had previously settled their case against Dr. Gunn.  That settlement was also confidential.

Comment:  Many cases end up just this way with settlement during trial.  From a defense standpoint resolving matters before the defense case begins allows our clients to issue statements similar to the one issued by Meadowview.  We weigh the value of continuing the defense against what might be an enticing last minute offer by the Plaintiffs, these matters often resolve for economic reasons.  The cost of putting on a defense which would require bringing in numerous experts in a highly charged and emotional case is always a consideration.  In addition, judges often will encourage litigant to go back to the table to try and resolve issues; this occurs throughout the trial.  Another possibility, giving deference to the Plaintiffs, is that the case was OVER after Plaintiffs were done presenting their evidence, a hurdle was built too high for the defense to overcome.  Not being able to hear all the evidence, we will never be able to tell why the case was settled leaving us all to draw our own conclusions. 

http://docblawg.com/2009/08/05/even-yale-med-school-can-produce-incompetent-physicians/

http://docblawg.com/2009/08/07/and-the-trial-begins-against-meadowview-mc/