The defendant was a general surgeon who was not a plan member at the time the medical malpractice suit was filed. He presented to Medical Justice with an open case. This physician was being sued for failure to “fish out” a small gallstone that had dropped during a laparoscopic cholecystectomy. The allegation was that the stone would serve as a nidus for infection.


Though several years had elapsed, and no infection had developed, the plaintiff’s expert stated that infection was highly likely. Following this early testimony, plan member joined Medical Justice, and plaintiff’s counsel was notified of his membership.


The expert subsequently changed his story at trial to suggest that now that an additional two years had passed, the risk of infection was quite low. However, his initial testimony, regarding the “high risk of infection” was also delivered many years after the original surgery. According to defense counsel, this change in testimony was instrumental in the case being decided for the defense. Our plan member stated that having Medical Justice membership was like having a big sign that says “Beware of Dog.”

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