Discredited Surgeon May File Bankruptcy, Could Delay Malpractice Trials
On Wednesday, Charleston Gazette reporter Paul J. Nyden wrote that the first medical malpractice trial against Dr. John King would start on November 27 in Putnam County, despite a request by Putnam General Hospital to change the venue.
At a hearing on Tuesday, Circuit Judge O. C. Spaulding declined to move the trial, but acknowledged that continued publicity could require a change of venue. PGH also urged the court to reverse the determination that punitive damages could be awarded against the hospital, as a result of the verdict earlier this year when PGH and its parent, HCA, were found to have negligently hired and credentialed King as an orthopedic surgeon. Spaulding upheld the verdict, which means that punitive damages are available to the plaintiffs in the 122 pending cases.
Then, another article by Nyden in yesterday’s Saturday Gazette-Mail described a development that could affect the cases, at least temporarily. At a previously scheduled pre-trial hearing on Friday, Judge Spaulding reported that King’s lawyer had contacted him and indicated that King intends to file for personal bankruptcy, perhaps as early as this coming week. As a result, Spaulding postponed the trial scheduled for November 27 until December 3.
Federal bankruptcy law would give King an automatic stay of at least 90 days, and perhaps considerably longer. The plaintiffs’ lawyers could move to lift the stay in order for the cases to proceed, but I think the bankruptcy court would likely keep the stay in effect.
I will post King’s bankruptcy petition as soon as it is available. At this point, it’s impossible to know his financial condition and whether his decision to file for bankruptcy is simply intended to delay the trial or is motivated by some other consideration. I doubt that the plaintiffs have ever expected to collect anything from King personally. With 122 cases, many of which present absolutely egregious instances of malpractice, any meaningful recovery for the plaintiffs would have to come from the other defendants, including PGH and HCA.
Spaulding has scheduled another pre-trial hearing for November 28 and will begin jury selection on November 29, unless the proceedings are stayed by King’s bankruptcy. More trials are scheduled to start in January 2008, which would also be affected by any filing.
