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So You Think a Malpractice Suit Is Bad?

by Robert H. Miller, MD, MBA • September 1, 2007

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Notable is that both Messrs. Nifong and Foti used the press extensively to ensure that the public knew of their actions in these high-profile cases. For example, despite an agreement between Dr. Pou’s attorney and the attorney general’s office that she would present herself to the authorities when asked to, she was arrested by four policemen at her home at 9:00 at night after a day in the OR and seeing patients. This dangerous criminal was handcuffed and brought to jail in a very public ceremony.

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September 2007

It is unconscionable that elected officials would use the power of their office inappropriately for personal gain. It is one thing to take a bribe in return for support of a law or bill in which someone’s personal freedom and reputation are not at stake. But Mr. Nifong clearly tried to destroy the lives of three innocent individuals (and even though the charges were dropped, their lives are forever marked with this event) for his personal gain. Attorney General Foti has done the same to a well-respected, caring head and neck surgeon who is, at most, guilty of upholding the noblest tradition of medicine by placing patients ahead of herself.

Some have noted that one of the reasons the Duke lacrosse players prevailed is that not only are they innocent, but they also have the financial resources to fight the system. For me, one of the most disturbing aspects of these two cases is: What about someone who does not have the same financial resources as the lacrosse players and Dr. Pou to fight the system? These cases highlight the fact that we must be vigilant to ensure that the power of the government is not abused for personal gain. In addition to tarnishing Dr. Pou’s outstanding reputation, Mr. Foti has brought great financial strain to her and her family with mounting legal bills. A fund to help defray Dr. Pou’s defense (she still must defend civil suits by the families of the people she was accused of murdering) has been established. The URL for the fund is www.supportdrpou.com .

Having grown up in New Orleans and having served on the Tulane faculty for thirteen years, I have great affection for one of the most unique cities in the United States. Yes, part of the reason for this uniqueness is its laissez-faire attitude toward many issues, including the political system, which has produced such notables as former Governor Edwin Edwards, now serving time in a federal prison, and William Jefferson, a sitting member of the House of Representatives who may very well face the same fate. I should point out that Louisiana is not the only state to have some corrupt politicians-perhaps it’s just that ours do it more out in the open. Unfortunately, Mr. Foti’s actions and the subsequent rejection of his allegations add yet another black eye to Louisiana at a time it is struggling to recover from the devastation of Karina. New Orleans and Louisiana remain wonderful places and should not be judged by the actions of some of its elected officials.

Pages: 1 2 3 | Single Page

Filed Under: Legal Matters, Practice Management Issue: September 2007

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