Legal Question in Legal Ethics in Virginia
Physician listed on a malpractice case
My husband, a physician, was listed on a malpractice lawsuit with another physician. My husband never practiced medicine at the hospital where the lawsuit originated. The law suit was announced on all area radio stations, television and was written up in the newspaper. His name was mentioned in all of the above. After his malpractice insurance company determined he was innocent, they wrote to the accusing attorney. His name was removed from teh lawsuit, however, his practice has suffered because of community knowledge of teh lawsuits, and he has expereinced a significant reduction in income due to the mistake of this attorney.
Can he sue this attorney for the impact this lawsuit hs had upon his career, his income, not to mention the stress it caused? The mistake by the attorney has changed many things.
Why doesn't a physician have the right to sue an attorney for making mistakes if an attorney can destroy a physician for one malpractice mistake?
I realize this is being read by attorneys, but to be fair, shouldn't this physician have the right to sue in this case? There was libel, slander and character assault not to mention reduction of income due to all of the previously mentioned problems.
1 Answer from Attorneys
Re: Physician listed on a malpractice case
There are several possible causes of action available to the Doctor in question. Before I could determine whether any of them apply however, substantially more information would be required.
Obviously, causes of action such as defamation and slander may be potentially available. Tortious interference may also be possible. The potential success of any lawsuit is going to rest heavily on how and why the error was made in the first place. Obviously, an attorney has an obligation to investigate any claims made in a law suit. Moreover, if the claims were repeated without any further investigation by various news and media outlets, there may be similar claims against them as well.
I'd strongly encourage you to meet with an attorney who can review the matter completely and advise you as to the applicability of the law to this case. Even if no valid cause of action exists, having this explained to you will help you feel more comfortable with the situation.
This correspondence contains privileged attorney-client information and is the property of Dunlap & Grubb, P.C. This e-mail and is intended for the addressee. Any unauthorized disclosure, reproduction, distribution or the taking of action in reliance on the contents of the information is prohibited. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Dunlap & Grubb P.C. does not and will not represent you until you have signed a written retainer agreement. Any information or response to an your inquiry should not be relied upon and is not legal advice, unless such information or response explicitly states it may be relied upon and further explicitly states Dunlap & Grubb, P.C. has agreed to enter into an attorney-client relationship with you. For information please call 703-777-7319.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
