Many doctors have decided that patients should have no right to hold them accountable for even blatant malpractice. Dr. Jacques Farkas appears to be such a doctor. During a back operation, he failed to protect his patient’s spinal nerves. His surgical drill slipped from his hands and sliced the exposed nerves in his patient’s lower back. The mistake left his patient with no control of her bladder or bowels, pain in her legs, numbness in her feet and no feeling in her vagina.
Like many surgeons Dr. Farkas chose not to carry malpractice insurance. But he found a way to avoid taking responsibility for the life-altering injuries he caused. He filed for bankruptcy under Chapter 7, listing malpractice claims as the reason for his insolvency.
The filing in U.S. Bankruptcy Court blocked his patient’s malpractice case. It also stopped another patient’s lawsuit against him. As a result, the doctor was able to keep nearly all of his assets, including a $1.6 million oceanfront home in Juno Beach, and maintain his $400,000 a year salary.
Court documents detail Farkas’ financial situation. Although he reported more than $2.6 million in assets, the bankruptcy court could identify only $16,000 that creditors could tap. Most of that money is expected to go to Farkas’ bankruptcy attorney and the court’s bankruptcy trustee. Sadly, Farkas’ attorney shared, “What Dr. Farkas did is not uncommon at all,” he said.
Florida is one of only a handful of states that enables physicians to practice without malpractice insurance. As a result, many doctors who practice without coverage routinely take steps to reduce personal liability and to protect their assets from a lawsuit.
In addition to his $1.6 million home and its $30,000 in furnishings, he also retained his BMW because it was leased rather than owned, and his nearly $1 million in pension and investments. Also, the bankruptcy court could not garnish any of his wages because Farkas is the head of a household.
Meanwhile, according to court records, the doctor and his wife, Marcia, spend $750 a month on new clothes, $1,000 a month on food and $895 in monthly “gifts.”
Farkas has been practicing medicine for 25 years. He was sued three times during his surgical training and he had been sued four times since starting his own practice.
What You Can do to Protect Yourself or Your Family
Ask your doctor or your surgeon, if he has had malpractice claims? Ask if he or she carries malpractice insurance.
You may use the websites of the state of Florida, Department of Health to check on your doctor to see if he or she has had malpractice claims, whether any money had been paid on the claim and whether the doctor reports carrying malpractice insurance.
Contact us online or call 407-244-1212, for our help.
