Medical Expert Witnesses & Concierge Medicine Malpractice Case

In Concierge Medicine Firm Found Liable For Doctor’s Negligence, journalist Phil Galewitz, Kaiser Health News, writes on the malpractice verdict against MDVIP, the nation’s largest concierge medicine practice.  MDVIP promised “exceptional care” and quick access to doctors for a $1,500 annual membership fee.

But it took a big hit Tuesday when a Palm Beach County, Fla. jury returned an $8.5 million malpractice verdict against the company, which has nearly 800 affiliated physicians in 41 states. It was the first malpractice verdict against MDVIP, and is believed to be the first against any concierge management firm. The companies offer such perks as same-day appointments and more personalized care with contracted doctors in return for a retainer.

The jury found MDVIP was liable for the negligence of one of its physicians, who was sued for misdiagnosing the cause of a patient’s leg pain, leading to its amputation. The jury also found the firm had falsely advertised its exceptional doctors and patient care.

Industry experts say the ruling is significant because it shows concierge companies can be held liable for the care provided by their contracted doctors. The companies typically argue they do not actually provide care but merely act as brokers between doctors and patients.

After testimony by medical experts, jurors ruled that Metzger was responsible for 95% of the negligence in the case, while an orthopedic surgeon was responsible for the remaining 5%.

Mr. Galewitz covers Medicaid, Medicare, long-term care, hospitals and various state health issues. He has covered the health beat for nearly two decades. He is a board member of the Association of Health Care Journalists.

Kaiser Health News (KHN) is a nonprofit national health policy news service. 

About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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