We have all heard about punitive damaged being awarded in civil cases. In a malpractice lawsuit against a physician however, juries rarely award punitive damages to a plaintiff. Such claims are not covered under traditional medical liability insurance. So a verdict for punitive damages would mean that the physician has to pay the amount from his own resources.
That is exactly what unfortunately befell New Jersey rheumatologist, Robert A.Fogari. A Hudson County jury unanimously handed out a $400,000 award against him in October last year for his alleged refusal to pay for a sign language interpreter for a patient who is hearing impaired. Half of the amount has been awarded to the plaintiff as punitive damages.
This verdict is amongst the largest of its kinds and has got physicians worrying about it being an indicator of a trend.
Fogari's was treating Irma Gerena for lupus since the beginning of May 2004. Gerena alleges that on more than one occasion she requested Dr Fogari to provide her with a sign language interpreter which she further claims he refused.
Dr Fogari's argument was that the cost of an interpreter was one that he, as a solo physician, was unable to afford (the estimated cost for this service is around $150 to $200 per visit). Besides, Medicare only reimbursed him with $49 per visit. To compensate for the lack of an interpreter, Dr Fogari claims that he exchanged written notes with Gerena with the help of her family members.
Gerena has not claimed medical negligence. Her only allegation is, that because of the lack of an interpreter, she never fully understood the diagnosis, treatment or prognosis for her illness. Thus, she claims, she was not able to fully participate in her medical treatment.
To read more about the case click here.
That is exactly what unfortunately befell New Jersey rheumatologist, Robert A.Fogari. A Hudson County jury unanimously handed out a $400,000 award against him in October last year for his alleged refusal to pay for a sign language interpreter for a patient who is hearing impaired. Half of the amount has been awarded to the plaintiff as punitive damages.
This verdict is amongst the largest of its kinds and has got physicians worrying about it being an indicator of a trend.
Fogari's was treating Irma Gerena for lupus since the beginning of May 2004. Gerena alleges that on more than one occasion she requested Dr Fogari to provide her with a sign language interpreter which she further claims he refused.
Dr Fogari's argument was that the cost of an interpreter was one that he, as a solo physician, was unable to afford (the estimated cost for this service is around $150 to $200 per visit). Besides, Medicare only reimbursed him with $49 per visit. To compensate for the lack of an interpreter, Dr Fogari claims that he exchanged written notes with Gerena with the help of her family members.
Gerena has not claimed medical negligence. Her only allegation is, that because of the lack of an interpreter, she never fully understood the diagnosis, treatment or prognosis for her illness. Thus, she claims, she was not able to fully participate in her medical treatment.
To read more about the case click here.
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