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Court ruling imperils immunity for physicians in public service
Darshan R. Phatak, MD, a Texas medical examiner, followed the standard of care in compiling an autopsy report for a woman who had died from a gunshot wound. He reviewed investigator reports, photos of the scene and toxicology reports. He also reviewed the gunshot residue testing and the woman's psychiatric history. Among other things, he talked to law enforcement about the case. His report concluded that the woman had died from a homicide.
The woman's former husband, Noel T. Dean, was then tried for his wife's death. This trial concluded with a hung jury. Dean was then retried. Following Dr. Phatak's cross-examination in the second trial, the medical examiner's office changed the autopsy report conclusion to indicate the cause of death was "undetermined." The charges against Dean were abruptly dropped.
Dean then sued Phatak, along with several other government officials and agencies, for violation of his federal civil rights. Phatak moved for summary judgment, arguing that he was entitled to immunity from suit because he had fulfilled his duties as a medical examiner in good faith. However, the U.S. District Court for the Southern District of Texas said that Dean could proceed with his civil rights lawsuit against Phatak. The lower court said qualified immunity did not apply, analogizing Dr. Phatak's case to ones in which medical examiners intentionally fabricated evidence.
Dr. Phatak is asking the 5th U.S. Circuit Court of Appeals in New Orleans to overturn the lower federal court decision in Dean v. Phatak (PDF) that allowed the civil rights lawsuit to proceed. The Litigation Center of the AMA and State Medical Societies, along with the National Association of Medical Examiners, College of American Pathologists, Texas Medical Association and Texas Society of Pathologists, filed a friend-of-the-court brief asking the court to apply qualified immunity in Dr. Phatak's case. The amici are "greatly concerned" the lower court's ruling will have a "significant chilling effect" on forensic pathologists and other government-employed physicians.
Read more at AMA Wire.
