Georgia
Attorney to pay 1,250,000.00 for not meeting the standard of Care in defense of
Podiatric Surgeon
In July 2004, Dr. Jay Otero a practicing
psychiatrist, who resided and practiced in California filed suit against Dr.
George R. Vito, The Foot and Leg Centers of Georgia, PC and the hospital in
which the surgery was performed with the United States District Court, Middle
District of Georgia, Macon Division. Dr.
Vito and The Foot and Leg Centers of Georgia, PC, were initially represented by
counsel hired by their medical malpractice carrier. The malpractice carrier contested coverage in
the matter and ultimately withdrew its defense of Dr. Vito and The Foot and Leg
Centers of Georgia, PC., after obtaining a judicial determination that the
claims against Dr. Vito and The Foot and Leg Centers of Georgia were not
covered. Thereafter, Dr. Vito hired R.
Lars Anderson as his counsel for both himself and The Foot and Leg Centers.
Dr. Jay Otero settled his claim against the hospital for a confidential amount and upon motion the court dismissed the hospital as a defendant in the case in March of 2007.
The case against Dr. Vito and The Foot and Leg Centers proceeded. The court entered a judgment against Dr. George R. Vito; however Mr. Anderson, the attorney for Dr. George R. Vito, did not seek to reduce the verdict by the amount of money paid by the hospital.
Due to Mr. Anderson not seeking the set off, (which would be the amount of the judgment against Dr. Vito, minus the amount paid by the hospital), Dr. Vito filed bankruptcy on the advice of Mr. Anderson, and his Co-counsel, Mr. Dick Thomason, Attorneys at Law, practicing in Macon, Georgia, and Mr. George Geeslin, bankruptcy attorney practicing in Atlanta Georgia.
After the filing of the bankruptcy based on the advice of the three attorneys, the trustee for the bankruptcy court sued Mr. Anderson for malpractice in his defense of Dr. Vito in reference to the medical malpractice case of Dr. Jay Otero. The malpractice case against Mr. Anderson alleged that Dr. Vito’s estate would have been worth more had Mr. Anderson moved for the set off, and a failure to do so constituted a breach of the standard of care. In addition, if Mr. Anderson had filed for the set off, Dr. Vito would not have had to file bankruptcy, would not have been held in civil contempt, and would not have had his practice placed into receivership.
In July, 2012, Mr. Anderson agreed to a settlement in the amount of $1,250,00.00 which will be paid to the bankruptcy court in his failure to file for the set off.
Dr. Jay Otero settled his claim against the hospital for a confidential amount and upon motion the court dismissed the hospital as a defendant in the case in March of 2007.
The case against Dr. Vito and The Foot and Leg Centers proceeded. The court entered a judgment against Dr. George R. Vito; however Mr. Anderson, the attorney for Dr. George R. Vito, did not seek to reduce the verdict by the amount of money paid by the hospital.
Due to Mr. Anderson not seeking the set off, (which would be the amount of the judgment against Dr. Vito, minus the amount paid by the hospital), Dr. Vito filed bankruptcy on the advice of Mr. Anderson, and his Co-counsel, Mr. Dick Thomason, Attorneys at Law, practicing in Macon, Georgia, and Mr. George Geeslin, bankruptcy attorney practicing in Atlanta Georgia.
After the filing of the bankruptcy based on the advice of the three attorneys, the trustee for the bankruptcy court sued Mr. Anderson for malpractice in his defense of Dr. Vito in reference to the medical malpractice case of Dr. Jay Otero. The malpractice case against Mr. Anderson alleged that Dr. Vito’s estate would have been worth more had Mr. Anderson moved for the set off, and a failure to do so constituted a breach of the standard of care. In addition, if Mr. Anderson had filed for the set off, Dr. Vito would not have had to file bankruptcy, would not have been held in civil contempt, and would not have had his practice placed into receivership.
In July, 2012, Mr. Anderson agreed to a settlement in the amount of $1,250,00.00 which will be paid to the bankruptcy court in his failure to file for the set off.
No comments:
Post a Comment