Expert witness testimony

[PADPM]

Recently on PM News, which many DPM's receive as an email, there was a very interesting "case". The case involved a very well respected DPM, Charles Lombardi, who has been heavily involved with the ABPS (a past president) and has been heavily involved with residency training, etc.

He was sued for complications following a peroneal tendon repair. Although the "expert" testified that the surgical procedure was performed correctly and was indicated, etc., the "expert" stated it was below the standard of care and unacceptable to apply a cast immediatly post operatively for this type of procedure.

The "expert" testified that to accommodate post op swelling, etc., it is the standard of care to apply a posterior splint or bivalve the cast.

This is despite Dr. Lombardi's extensive experience and significant documentation in the literature to support his use of the cast.

Since the posting on that website, many well know and well respected DPM's have supported Dr. Lombardi, and I certainly would support his judgement.

The "expert", Dr. Stabile has really been "blasted" for his comments in this case and appears to have lost significant credibility. I believe he is involved, or claims to be involved in the Innova program.

krabmas.....any comments?

I hope if any of you decide in the future to earn money in court, that you at LEAST decide to have some level of integrity.

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[Sig Savant]

As a daily PM news reader as well, I saw this case the other day and spent the time to read through the court documents. I also saw that Dr. Stabile was from the INOVA area and thought about posting on here.

Now that I understand what it means to bivalve a cast as well.

http://www.podiatrym.com/pmarticle.cfm?id=137

Lawyer: Would placing a cast immediately postoperatively on a patient who's had peroneal tendon repair, dislocation repair, do you have an opinion as to whether that would be a departure from accepted podiatric standards?

Doctor: With reasonable medical certainty that is an absolute departure from the standard of care in this case.

 

[darazon]

What was the outcome?

Sorry, my school's spam filter quarantines the PM news all the time...

 

[krabmas]

1st - the case (I think) ended in each side paying lawyer fees or something to that effect.

2nd - Dr. Stabile misrepresented his involvement in the Inova residency program. He brings cases to the surgery center that we cover about once a month or less. He may take cases to the surgery center that he is vested in more often but we do not scrub there, so I don't really know. He has not lectured to the residents since I have been there (3 years). Most of our involvement with him is rounding on his partner's patients when he is on call for the practice.

The residents have read thru the case and we all agree that Lombardi was perfectly within standard of care to apply a cast post-op. The other isssue is that the drop foot was not present until one month post op. The initial cast would have been changed before then, and therefore would not have been the cause of the drop foot, which the patient returned to 5/5 function and strength of DF anyway, so I don't even know why this case went to court.

 

[PADPM]

Dr. Stabile certainly didn't gain too much credibility during this case and his testimony. From his testimony and his website, it would lead one to believe he's pretty involved with the Inova program.

krabmas, that's why I asked your opinion. I knew that you trained there and would provide an accurate answer.

 

[krabmas]

Dr. Stabile certainly didn't gain too much credibility during this case and his testimony. From his testimony and his website, it would lead one to believe he's pretty involved with the Inova program.

krabmas, that's why I asked your opinion. I knew that you trained there and would provide an accurate answer.

Thanks for asking.

Scary to think that in 4 days plus the weekend I will really have "trained" at Inova. 3 years blew by.

 

[PADPM]

Best of luck in the future. If I remember correctly, you're off to to a fellowship.

Regardless, despite my "credentials" and accomplishments over my career, I'm a bit envious of the training you've received and the opportunities available to you. I hope you take full advantage of your excellent training and that your future patients benefit from your skills and knowledge.

Always maintain your integrity and compassion.