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.

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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. The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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