Accused Indiana Nose Doctor Sues Alabama Insurance Company

A former nose surgeon from northwestern Indiana accused of billing insurers and patients for procedures he didn’t perform is suing his malpractice insurance company, claiming it failed to properly defend him in hundreds of civil cases.

The Post-Tribune reports Mark Weinberger is seeking unspecified damages from Medical Assurance Co. The lawsuit alleges Medical Assurance used information garnered from Weinberger’s malpractice cases in its own lawsuit against Weinberger. That lawsuit, filed in 2006, seeks to determine what role if any Medical Assurance owes in Weinberger’s cases.

A telephone message seeking comment from Medical Assurance was left Jan. 11 by The Associated Press.

Weinberger was captured in Italy after more than five years on the run. He was subsequently hospitalized after Italian authorities say he stabbed himself in the neck while being arrested. Federal prosecutors later requested a mental evaluation for Weinberger because of his purported suicide attempt and unwillingness to answer questions about his understanding of court proceedings.

Weinberger pleaded guilty in October 2010 to 22 counts of billing insurers and patients in Indiana for procedures he didn’t perform.

U.S. District Judge Philip Simon later told Weinberger that he could not accept a plea agreement that called for Weinberger to serve four years in prison because he was not confident it took into account the scope of his crime. Simon questioned federal prosecutors’ decision to focus on just 22 cases when there were at least dozens more.

An Indiana appeals court in October 2011 upheld a malpractice judgment in the first civil suit to go to trial against Weinberger.

Former patient William Boyer had sued Weinberger on claims the doctor did not perform proper surgery on Boyer. A Lake County jury sided with Boyer and awarded him $300,000.

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