Malpractice Suit Against Indiana Doctor Goes to Trial

August 25, 2010

A trial has started over a medical malpractice lawsuit filed against a former northwestern Indiana surgeon captured in Italy after more than five years on the run.

The lawsuit is among 300 malpractice suits Mark Weinberger faces from his Merrillville nose and sinus clinic, where prosecutors say he billed insurers and patients for procedures he didn’t perform.

An attorney for Mark Weinberger conceded during his opening statement that the doctor violated patient care standards. But James Hough asked a Lake County jury to award reasonable damages and consider that the Gary man who sued had sinus conditions for 20 years before a 2004 surgery.

William Boyer’s attorney said Weinberger did an unnecessary operation, causing long-term pain and suffering.

Weinberger is jailed awaiting trial on federal criminal charges. Federal prosecutors earlier this year requested a mental evaluation for a former northwestern Indiana surgeon because of his purported suicide attempt and unwillingness to answer questions about his understanding of court proceedings.

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