Verdict drives physician into bankruptcy

In the Courts. By Bonnie Booth, AMNews correspondent. Jan. 16, 2006.

It has been 10 years and nine lawyers since neurosurgeon Lenard J. Rutkowski, MD, was sued for medical malpractice. He holds out hope that sometime in 2006, he will finally be able to put the saga behind him.

Unlike many physicians who are loathe to talk openly about the experience of being named in a lawsuit and its personal and professional ramifications, Dr. Rutkowski has plenty to say.

He is willing to relive the details of his case as often as necessary to get his colleagues to heed his warnings and take his advice. He said he sees it as his duty to use his experience, as best he can, to help his colleagues.

To that end, he and some attorneys advise:

• Keep no possessions in your name.
• Keep cash on hand if possible.
• Keep checking accounts and credit cards which are separate from your spouse.
• Invest in asset protection with a qualified and experienced attorney.
• Have no joint accounts and no co-signers.
• Get licensed in any state you might want to live and work in at some point in the future.

If you believe legal experts who say that plaintiff's attorneys rarely go after physicians' assets if a verdict is more than the physician's coverage amount, these steps might seem a bit drastic.

But Dr. Rutkowski is living proof that being one of those "rare" cases can be devastating for a physician and his or her staff, patients and family.

Dr. Rutkowski's story begins sometime in 1991 or 1992. He can no longer remember exactly when the middle-aged man who later became the plaintiff came to him seeking a third opinion on a work-related injury that was causing pain, numbness and tingling in his left arm. Two previous physicians recommended surgery on vertebrae C5-C6 and Dr. Rutkowski said it was feasible that a surgery might need to be done on C6-C7 as well. The man decided he wanted Dr. Rutkowski to perform a diskectomy.