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Physician Victory in Lawsuit Against Medical Group
It is a difficult and painful process to litigate against a medical group or hospital. Many cases do not end up in a lawsuit award against the medical group. It is not for the faint hearted. Even when you are 100% right, you must very carefully balance the benefits of winning against the personal and financial cost. There is a great emotional toll as “friends” and trusted co-workers do not always stand up for what is true and what is right. These lawsuits are often a descent into one of Dante’s circles but if they truly cannot be avoided, Daniel Horowitz and his legal team will provide an exceptional level of protection judged against the highest national standards.
With the permission of our client, Dr. Judson Brandeis we publish his recent victory against his former medical associates. His case shows that a lawsuit award against a medical group is possible. The judge found that “DVOH abused its position of authority over Brandeis …” and that “this conduct was outrageous and ‘uprooted Brandeis from everything he had known for 18 years.'” The decision vindicated Dr. Brandeis and he is now the proud sole owner of Brandeis MD.
This case had many issues that we see time and again in physician vs medical group conflicts. We have practice areas devoted to helping create a foundation designed to combat such issues including contract review and medical group contract negotiation. Significant in the Brandeis award is finding that there was Intentional Infliction of Emotional Distress. This is a powerful finding because it elevates the award to more than a victory in a contract dispute. The finding can be viewed as a direct criticism by the judge of the conduct of the person’s found liable.
Dr. Brandeis was also awarded 100% of his intellectual property.