Lawyer in Sizzling Water Over Courtroom Zoom Fracas

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

The list of Zoom courtroom challenges keeps growing. Most recently, a med mal plaintiff’s attorney was fined $3,000 and referred for further discipline after raising his middle finger to opposing counsel during an oral argument. The court was hearing a heated discussion about a challenge to the statute of limitations. The debate over stature of limitations will always ruffle some feathers.

James Heos, the plaintiff’s attorney, said he believed he was giving the finger to his blank computer screen. Meaning, he did not believe anyone could see what he was doing. He did not know the three appellate judges had their eyes on him.

Initially, Heos said he was merely pointing at his screen, and not giving the middle finger. Mr. Heos said he shuns technology and was assured before this important hearing his computer was set to go.

He implied Zoom was not working as intended.

“I had a pitching wedge in the corner,” he said. “I wanted to pick up that pitching wedge and just break that computer.” As it turned out, “I would imagine it appeared to them that I was flipping off the court and my opponent, which I would never do.”

Opposing counsel was making its argument.

One of the three appellate judges, Judge Stephen Borrello, stopped the proceedings to ask about the gesture.

“I thought I saw him raise his middle finger while counsel was making his argument … acting like a 5-year-old,” Borrello said.

Heos denied it. “I was pointing at the computer that does not work.”

He denied making the offensive gesture a second time when questioned by Cameron.

“That’s not what I saw,” Borello said. “But, whatever — I will take him at his word.”

But the court apparently later reviewed the video and decided to sanction Heos. They also blurred his screen image at the time he made the gesture, so members of the public who review the recording of the oral arguments cannot see it.

The court also referred the matter to the state bar disciplinary committee.

To be fair, the plaintiff’s attorney quickly acknowledged the embarrassment and already mailed his $3k check to the court. He’d like to put this behind him.

What’s the take-home message?

Assume your camera is ALWAYS on during a Zoom meeting. It’s hard to get a do-over. Ask Jeff Toobin.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Learn how Medical Justice can protect you from medico-legal mayhem… 

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2021 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.