GWT In The News

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Doctor appeals $850,000 judgement

Gynecologist's insurer wouldn't settle for less

by Mike Hoyem

A doctor who wanted her insurance company to resolve a medical malpractice lawsuit for $250,000 now faces a judgment totaling more than $850,000 because the company refused to settle.

Dr. Marilyn Young is appealing the decision, according to an acknowledgement of the case issued March 15 by the 2nd District Court of Appeal.

Attorneys Adam Trop and Mark Weinstein of Miami Beach represent Sandra and Arthur Corace of Fort Myers, who sued Young in 1998 because of complications arising from surgery Young performed on Sandra Corace.

Weinstein said he's pleased with the judgment, but it would not have been nearly as high if ProNational Insurance hadn't been so stubborn in refusing to settle.

Young, said Weinstein, offered to put up $100,000 of her own money two years ago if ProNational would pay the other $150,000. But the company refused.

"She did what 99.9 percent of doctors wouldn't do," Weinstein said. "This doctor offered $100,000 out of her own pocket to settle this case. That's unheard of. Very few doctors would do this just to get their insurance company to put up the other $150,000. They wouldn't do it."

Young, a gynecologist, performed ovarian surgery on Corace, 47, in 1996. There were two ways the procedure could have been done - the conventional way or by laparoscopy, which involves the insertion of a small viewing scope into the patient's abdomen.

Young chose to use laparoscopy, and because of problems presented by scar tissue, Corace's colon was perforated and she suffered internal poisoning.

Juror deliberated for 18 hours before returning a verdict. They awarded Sandra Corace $725,675 - including $350,000 for future pain and suffering - and $48,500 in attorney's fees.

Lee Circuit Judge Isaac Anderson Jr. agreed with Corace's lawyers that the jury erred by not awarding damages to Arthur Corace, 58. Anderson ordered $123,250 in compensation for him, bringing the total to $857,391.

Attorney Scott Albee of Tampa represented Young. He declined comment Tuesday, saying the case is still in litigation.

Attorney Esther Galicia of Fort Lauderdale is representing Young in her appeal. She predicts the doctor, who is now retired, will ultimately prevail.

"We believe there was error at the trial court level," Galicia said. "We feel the verdict will be set aside in light of some erroneous evidentiary rulings and the plaintiffs will be back to square one."

ProNational Insurance corporate spokesman Frank O'Neil declined comment.