September 10, 2009

(John Amato: Wow, this might even top Bobby Jindal for lunacy.

His plan for reinvigorating the economy of his district is known as the Prescription for Prosperity. Rachel Maddow of MSNBC reports he attempted to purchase a "Lordship Title" from British scam artists.)

I think "Doctor" Boustany (as he prefers to be called) is an interesting choice for the GOP rebuttal. After all, not only does he seem to enjoy seeking legal redress for some colorful problems, he's also been the defendant in at least eight malpractice suits. From the DCCC:

Congressman Charles Boustany’s more colorful lawsuits suing con artists who told him he could become a British Lord and suing a construction company for “mental anguish” over a pool resurfacing job shouldn’t overshadow the fact that Boustany has been sued for medical malpractice by eight patients.

Boustany was found at fault by the Louisiana Medical Review Panel twice – including a two-year old child Boustany performed an unnecessary and debilitating heart operation on and a woman whose right leg was amputated as the result of complications from surgery – and patients were awarded damages totaling nearly $2 million.

Since 1992, Boustany has been sued for malpractice by eight separate patients. Boustany was found in fault by the state Medical Review Panel.

  • Boustany was sued for medical malpractice for surgery performed on a child and found in fault by the state medical review board. The plaintiff received $600,000 in compensation as a result.

Melanie Malagarie sued Boustany for medical malpractice stemming from surgery performed on her young daughter, Leonette. When Leonette was an infant she underwent heart surgery for a condition called Tetrology of Falot. The surgery was described as being a “good result,” according to court documents. Shortly before Leonette turned three, Boustany recommended surgery described as a “complete repair of Tetrology of Falot.”

After surgery, Leonette was reported to have suffered multiple severe damages including acute renal failure, acute respiratory failure and evidence of post-operative infections.

In 1992, the court dismissed the case because Malagarie failed to file a complaint with the state’s medical board.

Two years later, she submitted the case to Medical Review Panel, which found in her favor. The case was later dismissed after the parties settled the matter, awarding Malagarie $600,000 in compensation. Boustany’s insurer offered her $100,000 on his behalf and the Louisiana Patient’s Compensation Fund provided the other $500,000. (Melanie Malagarie v. Dr. Charles Boustany, Dr. Shannon Turney, Dr. Geeta Dalal, Lafayette General Hospital et. al, Case No: 92-5260, 15th Judicial District Court Parish of Lafayette)

  • Boustany was sued for medical malpractice after a cardiac operation he performed resulted in the patient requiring her leg to be amputated. According to the state medical review board, Boustany fell below the standard of care in treating the patient, who was later awarded more than $1.2 million in damages.

Carencro Sherriff Geraldine Arceneaux was admitted to the hospital for a planned bypass procedure by Boustany. According to court documents, Arceneaux had numerous complications from her surgery that required her right leg to be amputated. As a result of the amputation Sherriff Arceneaux could no longer hold her elected office. Prior to filing suit, Arceneaux filed a complaint before the Medical Review Panel, which found Boustany’s conduct to be below the acceptable standard of care. The court agreed and allowed Arceneaux to withdraw $1,212,106.87 in damages from the Louisiana Patient’s Compensation Fund for various needs. As of May 2004, Arceneaux reached a settlement with the Fund and the case was dismissed. (Geraldine Arceneaux v. Dr. Charles Boustany et. al., Docket No: 2000-2007, 15th Judicial District Court Parish of Lafayette)

  • Boustany settled a medical malpractice case out of court.

Delila Hays sued Boustany for complications arising from surgery for coronary angioplasty. During the course of the operation, her aortic arch was torn and dissected causing temporary paralysis and damage to the patient’s vocal cords. The plaintiff returned to the operating room five days later for more surgery as a result of negligence and improper procedure during the prior surgery. After surgery, the patient was placed in the ICU, where her kidneys failed. The toes on her left foot had to be amputated. She sustained bowel problems, permanent ankle drop, and required speech therapy due to damage to her vocal cords. Ms. Hays underwent additional surgery approximately one month later for debridement of the right groin area; debridement of the right foot, with partial and full thickness skin loss; debridement of the left foot with full and partial skin loss; debridement of the left and lower leg; and the amputation of five of her toes. Ms. Hays alleged she was improperly monitored, appropriate steps were not undertaken by the staff, treatment was delayed and staff failed to provide the most basic level of care. The case was dismissed immediately because Ms. Hays did not receive the ruling of the Medical Review Panel prior to suing Boustany. In 2002, however, the case went into mediation and there was a complete settlement. (Delila Hays and Charles Hays v. Dr. David Baker, M.D., Lafayette General Medical Center, Dr. Guillory, Dr. Charles Boustany, Case Number: 95-0836, 15th Judicial District Court, Lafayette Parish, Louisiana) Boustany sued two con artists after paying them $18,500 to become a British noble and attend the Queen Mother’s birthday procession. In 1996, Congressman Boustany and his wife sued two British men and their fake company for an amount “in excess of $50,000.” According to their complaint, the couple had paid Stefanos Kollakis and Martin Lewis $18,500 on December 20, 1994 for a fraudulent title. In April 1995, Kollakis and Lewis had pleaded guilty to forgery in a London court for carrying out the con on several unsuspecting Americans. Using false passports, bogus companies, Latin mottos and a nonexistent “Institution of Heraldic Affairs,” they had promised to turn Americans into official lords and ladies. One of the promised rewards was an opportunity to ride in the Queen Mother’s annual birthday procession. (Boustany v. Kollakis, et al., Case No. 960325, 15th Judicial District Court, Lafayette Parish, Louisiana; Detroit Free Press, 4/28/95; Washington Times, 5/18/95) Boustany sued for “mental anguish” over an unsatisfactory pool resurfacing. Boustany sued a construction company for “mental anguish” over the loss of the use of his swimming pool. After the company had resurfaced the interior of his pool in April 1993, the surface blistered, cracked and discolored. (Boustany v. Louisiana Concrete Resurfacing, Case No. 931831, 15th Judicial District Court, Lafayette Parish, Louisiana) It is of note that the Boustanys’ home is worth nearly a half-million dollars, while the median home value in Louisiana’s Seventh Congressional district is $78,100. (U.S. Census Bureau)

  • Boustany was sued for a former partner for nonpayment of compensation.

Boustany was sued in 2001 by his former partner, Richard Dearman, for unpaid compensation owed to him from 1999 and 2000. Dearman also alleged that as a partner with 30 percent stock in the Charles W. Boustany, Jr., M.D., Ltd. medical practice, he was owed his unredeemed stock and portions of income from account receivables collected after Dearman withdrew from the medical practice. The case was settled out of court for an undisclosed amount. (Dearman, Richard, M.D. v. Charles W. Boustany, Jr., M.d.,Ltd and Charlses W. Boustany Jr. Case No. 2001-2776-G 15th Judicial Court, Lafayette Parish, Louisiana)

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