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Thursday, August 02, 2007

Courts - "Videos from W.Va. malpractice cases surface on YouTube"

Larry Messina of the AP reported this story yesterday, dateline Charleston, W.Va:

To avoid a media circus, a judge ordered evidence kept under wraps in scores of malpractice lawsuits against a former West Virginia doctor. But that hasn't stopped someone from posting videotaped testimony from the cases on YouTube.

The three-minute video features outtakes from the pretrial testimony, or depositions, of six people suing Dr. John A. King. Five of the snippets are followed by surveillance-style video or photos that purport to contradict those persons' claims.

The plaintiffs allege King harmed them or their loved ones during the six months he practiced at the former Putnam General Hospital, in late 2002 and early 2003.

One man testifies he cannot grip items after King operated on him, and is then allegedly caught carrying beer to his car from a store. Another segment shows a woman testify that King left her unable to dance, followed by photos of her apparently doing just that at a wedding.

The video was posted on the popular video-sharing site June 26. More than two weeks earlier, Putnam County Circuit Judge O.C. Spaulding had ordered the sealing of all filings in the pending lawsuits.

Spaulding's ruling was partly prompted by the release of another video, also via YouTube. It claimed to show a plaintiff under surveillance - the same woman in the wedding photos in the current video. But that earlier footage turned out to be of someone else.

The defendants had apparently shared the footage with a public relations firm. The plaintiffs had also posted information about the case online. Spaulding barred both sides from releasing anything further to the media.

"I decided that both sides were trying potentially to influence the public before we went to trial," Spaulding said Wednesday. * * *

The first malpractice case is set for trial in late November.

Several lawyers with jury trial experience, who aren't involved in the King cases, told The Associated Press on Wednesday that they were unaware of any prior attempt to sway potential jurors through online video.

Putnam General hired King as an orthopedic surgeon in November 2002. It suspended his privileges the following May after a review of his work. He later surrendered his West Virginia license and left the state.

A civil jury on Tuesday found Putnam General negligent in granting King credentials, exposing its then-owners to damages in the 122 pending malpractice cases.

Thanks to Michael Stevens of the Kentucky Law Blog for pointing to this story.

Posted by Marcia Oddi on August 2, 2007 08:27 AM
Posted to Courts in general