Printer Friendly
The Free Library
14,559,201 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Doctor sues medical association, claiming intimidation.


CCL 1. CCL - Coral Common LISP.
2. CCL - Computer Control Language. English-like query language based on COLINGO, for IBM 1401 and IBM 1410.
, plaintiff attorney and ATLA ATLA Association of Trial Lawyers of America
ATLA American Theological Library Association
ATLA American Trial Lawyers Association
ATLA Air Transport Licensing Authority (Hong Kong)
ATLA Avatar: The Last Airbender
 stalwart Jim McKenzie, and a San Francisco physician are taking on the medical industry's intimidation of doctors who testify for plaintiffs in malpractice cases.

Dr. John Fullerton has sued the Florida Medical Association (FMA FMA Full Metal Alchemist (gaming)
FMA Federal Marriage Amendment
FMA Financial Market Authority (Austrian: Österreichische Finanzmarktaufsicht)
FMA Financial Management Association
) and three doctors for damages and an injunction to end the FMA's "peer review" of medical testimony. (Fullerton v. Fla. Med. Ass'n, No. 37 2004 CA 0001249 (Fla., Leon County Cir. Ct. filed May 27, 2004).)

"Peer review" programs are among the medical industry's latest attempts to block access to courts. The American Medical Association American Medical Association (AMA), professional physicians' organization (founded 1847). Its goals are to protect the interests of American physicians, advance public health, and support the growth of medical science.  (AMA (Automatic Message Accounting) The recording and reporting of telephone calls within a telephone system. It includes the calling and called parties and start and stop times of the call. ) has endorsed such programs, modeled on a program run by the American Association of Neurological Surgeons (AANS AANS American Association of Neurological Surgeons
AANS American Association for Netherlandic Studies
).

"You won't see 'witness intimidation' in any of the documents creating these programs," said CCL lawyer John Vail, "but when the AMA passed the resolutions, the AANS had reviewed approximately 40 cases, all of them involving witnesses who testified in favor of plaintiffs. Not a single case of 'bad' testimony in favor of a doctor. Do the math."

The underlying dispute arose after Fullerton testified for a plaintiff in a medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional.  case in Tampa. The jury found for the defense. The physician defendants then shot off a letter to the FMA accusing Fullerton of perjury and manipulating testimony for personal gain. They wanted his testimony referred to a committee of physicians for "peer review." Fullerton's suit alleges defamation, abuse of economic power, and use of the FMA for a corrupt purpose.

"Amazingly," said Vail, "the FMA program has no substantive standards for what is 'good' or 'bad' testimony. Doctors huddle, and if they don't like what you've said, you get the medical equivalent of a scarlet letter."

Fullerton was named "Physician of the Year" in 2003 by the National Republican Congressional Committee's Physicians' Advisory Board, and San Francisco has celebrated "Dr. John Fullerton Day" in honor of volunteer work the doctor did for the medically underserved population.

"John Fullerton is a good doctor and a good citizen, and the allegations made against him are outrageous," said Vail.
COPYRIGHT 2004 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Trial
Date:Aug 1, 2004
Words:340
Previous Article:Getting to the truth.(President's Page)
Next Article:Oregon court restores punitives in smoker's case.
Topics:



Related Articles
Doctors with lax manners tend to get sued most, Vanderbilt studies show. (Vanderbilt University)
Expert witnesses face ethics charges from medical societies.
GANG MEMBER'S MOM ON TRIAL.(News)
SUPREME COURT TO DECIDE IF HMOs MAY BE SUED IN STATE COURT.
Doctor's duty to warn extends to patients, not third parties.(Tennessee)
Supreme Court limits patients' right to sue HMOs.(health maintenance organizations)
Silence of the experts: professional medical associations are taking aim at doctors who testify for plaintiffs injured by negligent medical care....
Expert witnesses win their day in court against medical groups.
Oklahoma justices reject affidavit requirement in med-mal cases.
Consumer protection act covers doctor's care, Kansas court rules.

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles