Tuesday, October 13, 2015

Surgical Center Found Not Liable For Uninsured Physician’s Mistakes

Dr Richard Kaul, a physician trained in general surgery, anesthesiology, and interventional pain management, practiced in New Jersey until 2012 from 2002. In 2014, the New Jersey State Board of Medical Examiners revoked his medical license after it was determined that he performed back operations without required training.

A former patient of his that he had performed a spinal fusion on in 2005 filed a suit against the Market Street Surgical Center as well as Dr. Kaul.  The patient argued that Kaul improperly placed surgical screws in the patient's foot which resulted in pinched nerves that made it permanently impossible for him to walk normally.

A trial court found Kaul guilty and awarded the patient $750,000, but the claim against the surgical center were dismissed. The patient appealed, but the verdict was upheld. New Jersey state law requires that physicians carry medical malpractice insurance, however, the law stipulates that penalties for not having insurance come from the New Jersey Board of Medical Examiners. The court ruled that surgical facilities could not be held liable for damages. In addition, physicians weren't required to disclose to patients that they were uninsured. The New Jersey Supreme Court ruled, legal damages were not intended under the law.


In light of this recent decision, Kaul announced that he's pursuing reinstatement of his medical license and he continues to run a medical consulting company.

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