Chat with us, powered by LiveChat

Medical Justice

Making healthcare safe for doctors


Medical Malpractice

Man Bites Dog. Doctor Sues Attorney and Wins $8M in Jury Verdict for Malicious Prosecution.

08/06/18 5:31 PM

One Arizona doctor had a good ending to a horrible odyssey.

The urologist, Dr. Trabucco, was sued by an attorney for medical malpractice. Actually, this attorney did not really argue run-of-the-mill professional negligence. He argued the doctor “committed willful and malicious actions upon [the Plaintiff], eventually resulting in the [Plaintiff’s] death.” Underlying the claim was that a laparoscopic nephrectomy should only take 2 hours and the surgery took ~8 hours. This allegation converted a negligence claim into an intentional tort claim.

Dr. Trabucco inevitably moved back to Italy.

The plaintiff’s attorney was also involved in a bankruptcy action against the doctor.

The plaintiff’s attorney was characterized as persisting with the intentional and malicious claims brought in the bankruptcy action to have a better chance at deposing the doctor in the US. So, it was done for tactics.

The intentional and malicious claims took the complaint outside of Dr. Trabucco’s malpractice coverage. As to whether the carrier paid the bills anyway, I do not know.

There’s so much more.

There’s an ex-spouse involved. Bankruptcy proceedings. Complaints filed with the Board of Medicine. Packets of documents sent by “a paralegal” to a referring doctor. Allegations by the “paralegal” had contacted the police to search Dr. Trabucco’s property for a firearm. Release of non-public documents. Referrals drying up.

Allegedly, the “paralegal” wrote a letter to Dr. Trabucco’s parents claiming the doctor was asserting fictitious creditors in his bankruptcy. And that even if the bankruptcy charges were thrown out, perjury charges would be brought.

There’s so much more. It reads like the Book of Job. Just download: https://www.plainsite.org/dockets/download.html?id=208668901&z=18cf7f1b

The original plaintiff (wife of the deceased patient) against the doctor was not even sure why Dr. Trabucco was being sued.

Ultimately, the doctor prevailed. Then he bit back.

Jury awarded the doctor $8M.

What do you think?



 

Posted by Medical Justice | in Medical Malpractice | 9 Comments »

9
Leave a Reply

avatar
5 Comment threads
4 Thread replies
1 Followers
 
Most reacted comment
Hottest comment thread
6 Comment authors
Mark WilliamsCarla Schlissel, DDSDr. Williams, MD, CPELouise AndrewHoosier Doc Recent comment authors
  Subscribe  
newest oldest
Notify of
Marguerite Barnett
Guest
Marguerite Barnett

You aren’t a very good reporter. The documents shed no light on what happened or why. i feel like you stole half an hour of my life i’d like to get back!

Dr. Williams, MD, CPE
Guest
Dr. Williams, MD, CPE

There are details that Dr. Segal could have elaborated on but he is good at being as you called a “reporter”. There is always the she said he said version to cases. My past history with Dr. Segal and /Dental Justice is that he is targeting an audience of those with with intellect, which you seem to lack , ma’am. You may argue your point all day long, but in reality, you are an idiot to the case and have a chip on your shoulder because you are a woman. Truth is ma’am… this is a striaght up no BS… Read more »

Carla Schlissel, DDS
Guest
Carla Schlissel, DDS

Dr. Williams, It is to be assumed that anyone, even Ms/Dr. Barnett, on this site has at least a semblance of intelligence. Even you. However, most of us also a sense of decorum. This has nothing to do with a male/female issue, and for you to make it such does not reflect well on your gender. Truth is, “sir,” you have an overly bloated ego and it is getting in the way and I would suggest you put on your big boy undies and reign it in. Also please check your spelling of “straight.” If you are going to show… Read more »

retired
Guest
retired

This poor doctor was screwed over by the legal system. He should have had fabulous malpractice defense against the onslaught and conflicts of interest that were demonstrated given what he had paid. That was not the case. Moreover he should have had specific bankruptcy attorneys handling the bankruptcy proceeding not the malpractice attorneys. The jury award is likely going to be reduced. But the attorneys on both sides of this case deserve blame. I would bet that no bar disciplinary proceedings will take place against either set of attorneys. Unfortunately this kind of vigorous attacking of a physician is not… Read more »

Hoosier Doc
Guest
Hoosier Doc

This guy’s life is just bizarre…
This is an article about the murder plot that his girlfriend (after the divorce) and the girlfriend’s son hatched against the attorney representing the urologist’s ex-wife: https://www.indystar.com/story/news/crime/2015/06/05/suspects-noblesville-murder-scheme-skip-bail/28567499/?hootPostID=1ab3530a702ce8f155352812d4d9b8a0
and a follow-up
https://www.usatoday.com/story/news/nation/2015/06/29/attorney-alleged-murder-plot/29487509/
and the sentencing:
http://www.dailymail.co.uk/news/article-5148021/Woman-sentenced-27-years-prison-murder-hire-plot.html

Louise Andrew
Guest

And here I thought this was going to be an interesting story about a man biting a dog.
FWIW I did try to see the docket, but the link just leads me back to this page.
Well, considering the other comments the story is not worth pursuing further.
I guess the only reason would be to find out whose idea it was to sue, anyway? If it was all the plaintiff attorney’s idea, how would s/he even have standing?

Carla Schlissel, DDS
Guest
Carla Schlissel, DDS

Louise — when you click on the above link, look for the little box on the bottom left of your screen that reads, “PDF gov.uscourts.nvb.3…pdf” Click on this to open the file. It provides interesting insight into frivolous “tsuris.”

Carla Schlissel, DDS
Guest
Carla Schlissel, DDS

I am so sorry for all of the aggravation Dr.Trabucco was subjected to. It is truly unforgivable. Mr. Cogan truly appears to be a scum-lawyer. The Esqs. Zirzoe and Larson seem to be, basically, greedy & lazy SOBs. They all give the legal profession a bad name. I’m glad Dr. Trabucco won $8M in his suits against these legal vultures, and I do hope this award is not reduced, but that amount would in no way really make up for the mental, physical and emotional stress they put him through, not to mention the intense pain of the aftermath of… Read more »

Mark Williams
Guest
Mark Williams

I agree Carla. For even the doctor 8 million bucks sounds a lot. But how many years did this put on his life damage? They don’t go into his marital stress family stress PTSD from the suit and I know dang well that exists having been sued by a troll over a cholesterol med. I was dismissed after 5 years. But I thought about it dAily, marriage was strained and eventually a divorce over the 5 years of pure BS. What if this doc had taken his own life before “justice” was awarded to him in 8m$ I personally believe… Read more »