First Malpractice Suit Against "Nose Doc" Begins

Dr. Mark Weinberger faces over 300 medical malpractice suits.

By Christian Farr
|  Monday, Aug 23, 2010  |  Updated 10:45 PM CDT
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First Malpractice Suit Against "Nose Doc" Begins

Mark Weinberger

Monday marked a new chapter in the wild story of an Indiana nose and throat doctor.

Dr. Mark Weinberger is accused of fraud and malpractice and has been on the run for the past five years. After finally being captured in Italy, he faces over 300 malpractice lawsuits.

"We're here to prove that Dr. Weinberger performed unnecessary surgery," said attorney Barry Rooth, who represents William Boyer, one of Weinberger's clients.

Boyer said he visited the doctor six years ago because he couldn't breathe well.

"And when he went to have surgery, it didn't work," Rooth said. "And eight months later he found out from another doctor that Dr.

Weinberger did not do the surgeries that he said he did and that he billed for it."

One of the cases against Weinberger includes a patient who ultimately died while in his care. Just days after Phyllis Barnes' death,

Weinberger disappeared while on a trip to Greece with his then-wife, Michelle Kramer.

While in hiding, Weinberger was indicted by a federal grand jury, accused of overbilling insurance companies for surgeries that were either not needed or not even performed.

He was discovered living in a tent on the Italian Alps in late 2009 and brought back to the United States.

Lawyers in the first malpractice case against the doctor aren't just seeking justice for one of his former patients, but for the nearly 300 who have have also filed suit against him.

Weinberger is not expected to attend the trial.

The federal case against him will begin in November.

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