Generally, when a defendant physician is accused of committing medical malpractice, the physician will refute the allegations throughout the process of litigation but will participate in defense of the plaintiff’s claims. A plaintiff in a medical malpractice case may seemingly be left with no recourse, however, if the defendant physician leaves the country and refuses to participate in the case. Recently, a federal appellate court discussed whether the insurer of a physician accused of medical malpractice can be held liable for damages assessed against the physician after the physician fled the country. If you were harmed by medical malpractice, it is important to retain an attorney who will fight diligently to protect your interests.
Facts of the Case
Allegedly, the defendant doctor treated the plaintiff’s decedent for shortness of breath and chest pain. While the defendant administered a stress test and EKG to the decedent and prescribed him a beta-blocker, the defendant did not advise the decedent to seek any other medical attention or visit a cardiologist. The decedent died due to a cardiac event eight days after he visited the defendant. The plaintiff subsequently advised the defendant’s malpractice insurer that she intended to file a medical malpractice lawsuit against the defendant, and provided the insurer with a copy of the complaint. The insurer retained an attorney to represent the defendant, but he was unable to locate the defendant, who moved to Pakistan and had no plans to return.