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Ben Glass
Ben Glass
Attorney • (703) 584-7277

Surgeon Fled to Greece, Still Found Guilty of Negligence

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A fugitive surgeon who formerly ran a sinus clinic has been found guilty of medical malpractice in a patient’s death.

In 2004, 50-year-old Phyllis Barnes died of throat cancer, but Dr. Mark Weinberger had diagnosed her as requiring sinus surgery.

Shortly before Barnes’ death, Weinberger abandoned his medical practice in Merrillville, Indiana and fled to Greece, deserting his wife in the process.

In Indiana, medical malpractice claims first go before a panel of three physicians that are chosen at random in hopes of avoiding a trial by jury.

In Weinberger’s case, the three-person panel was unanimous in its decision that he was guilty of negligence in the death of Barnes.

However, Weinberger’s insurance company has refused to pay the judgment due to his status as a fugitive and won’t cooperate.

Attorney Kenneth Allen says that the Indiana Department of Insurance should pay the judgment instead, so that Barnes’ family will not be required to take part in a trial by jury.

According to Allen, Weinberger has hundreds of cases pending, but this is the first and only one in which a decision has been made.