Attorney Owes $8 Million in Malicious Prosecution Case as Jury Sides With Doctor
Tuesday, August 7, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On July 30, 2018, an Arizona jury awarded a record $8 million to a physician who claimed that a medical malpractice suit wrongfully alleged that he intentionally caused a patient’s death. Additionally, the Las Vegas-based attorney who filed the suit is accused of malicious prosecution and is now on the hook for compensatory and punitive damages.The Complaint. In the original complaint, attorney Jeffrey A. Cogan filed suit on behalf of a client in Arizona state court in 2013 accusing Dr. Trabucco, of botching a kidney removal surgery which purportedly caused her husband’s death. Helen Scharf alleged that Dr. Trabucco “intentionally and maliciously caused the death of Mr. Scharf.” According to the doctor’s attorney, “Cogan and the Scharfs' malicious conduct caused injury, damage, loss or harm,” the complaint states. “Asserting what amounts to murder against him and harmed his image in his profession and among the community.”The Trial.After a three-day trial and one hour of deliberation, the jury determined that the attorney and his firm owes Dr. Arnaldo Trabucco approximately $6.2 million in compensatory damages and about $1.8 million in punitive damages. The jury also determined that the attorney’s client in the medical malpractice cases did not owe any damages. You can view the verdict in full here.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.At the Health Law Firm we provide legal services for all health care providers and professionals.This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors,Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgicalcenters, pain management clinics, nursing homes, and any other healthcare provider. We representfacilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.The lawyers of The Health Law Firm are experienced in both formal and informal administrativehearings and in representing physicians in investigations and at Board of Medicine and Board ofOsteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations. To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.Sources:Kang, Peter. “Atty Owes Doctor $8M In Malicious Prosecution Case.” Law360. (July 31, 2018). Web.Kang, Peter. “Ariz. Doctor Wins Verdict In Patient Wrongful Death Row.” Law360. (October 10, 2017). Web.About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
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