Dr. Anna Maria Vatura saved the life of a 400-pound man thrown from a motorcycle in a high-speed accident, but his obesity made it impossible to stabilize him with appropriate cervical spinal precautions; as a result, he ended up quadriplegic, for which he sued the doctor. In a lengthy piece for the Feb. 16 Medical Economics, she details the medical care and resulting lawsuit:
It was profoundly enlightening to realize that my career was in the hands of 12 strangers who were expected to understand and interpret in three weeks what had taken me 10 long years to learn; and even longer to practice and internalize. Maybe it was akin to a 400-pound man coming to me as a stranger, asking that I save his life and keep it as it was before he was thrown off that motorcycle going 40 miles an hour.
I testified in court for four grueling hours. I was well prepared but nevertheless terrified I would say something wrong. I felt the need to repeat what took place over and over again just to make sure the jurors understood the sequence of events. The plaintiff’s attorney—attractive, articulate, and dressed in an expensive suit—tried every trick in the book to get me to slip up, to say something she could twist into a lie. Anything she could to make me look inept, inexperienced, evil. Yes, evil. During closing arguments she played a scene of the Lord of the Rings: The Return of the King and equated the doctors in the case to the monsters. I sat there astounded that someone would actually say that I was an evil person wreaking havoc on innocent people behind the guise of a medical license.
Vatura calls for more doctors to refuse to settle cases where they’ve done nothing wrong. (via Kevin MD)
7 Comments
Profoundly disturbing.
As a 450+ pound person I know the limitations that I have forced on the doctors can effect me. Certain machines in the local hospital will not fit me. i.e. cat scan.
Sadly most people feel the world should change for them.
This doc is a victim of one of these people.
For what it is worth, Tennessee Blue Cross/Blue Shield had been requiring an IQ test before bariatric surgery. They just recently removed this requirement under pressure from a Florida group.
I have refused to settle spurious claims against my engineering practice, even if my E&O insurance would cover it. I told my carrier that a settlement implied vaidity and that impugned my reputation.
It is a shame, Walter, that your insurance company cares nothing for your reputation. They just care about their bottom line. Frankly I see the whole thing as a circular arguement. Does anyone here disagree that if we didn’t have insurance, we wouldn’t have nearly as many of these lawsuits? I, by myself do not have enough money to interest anyone, however I am covered by an insurance company that has millions of dollars that can be worth a lawsuit.
Chris. Had not heard that any IQ test was needed, Reminds me of the eugenics laws. No drunkerds or slow people allowed. I had a partial done(small stomach) two yearss ago and have fallen from a much larger number to what I am now.
I’m an Aetna, then Cigna person. Never have had a blue cross/blue shield plan in my life. I wonder how they tried to justify the IQ test?
“During closing arguments she played a scene of the Lord of the Rings: The Return of the King and equated the doctors in the case to the monsters.”
I can’t imagine that that tactic was HELPFUL to their case. If I saw them do that, I’d find for the other side just based on BS lik that.
The court room should be about FACTS, not theatre.