One of the most difficult problems for the medical profession to confront, both in Oregon and other jurisdictions, is the case where a physician engages in a long and voluminous history of conducting defective or incorrect medical procedures. The result in that scenario usually means a great many victimized patients over the years. That is precisely the problem being faced by the medical profession in another state with respect to the medical malpractice of cardiologist surgeon.
The doctor, his medical center and the hospital where he performed the challenged heart procedures are the defendants in about 300 malpractice claims currently pending in the state court. Generally, the claims all assert that the physician implanted cardiac devices that were not medically necessary, and that he did it strictly for profit. The first of many trials clogging the civil court list are being juggled by the courts, and have been put off until Feb. 2018.
The plaintiffs will reportedly prove their claims by the testimony of other cardiologists who will testify that the devices were not medically necessary. Discovery is apparently still ongoing in the cases, making it impractical to have trials go forward this month, when they were originally scheduled. There are hundreds of claims that have been filed with the Indiana Department of Insurance.
A medical review panel has also heard some of the cases and is currently preparing its decisions. A cardiologist who implants devices must be accurately basing the medical recommendation for surgery on valid diagnostic imaging tests that will show blockages or other justifications for the procedures. Where the test results have been exaggerated or misinterpreted by the physician, that is a good start in proving the medical malpractice claim, especially when the tests are described and analyzed to the jury by the plaintiff's medical expert. Generally, these types of claims could constitute medical malpractice under Oregon law.
Source: nwtimes.com, "Munster cardiologist trials delayed until next year", Giles Bruce, Feb. 2, 2017