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ing the inability to walk properly or return to work. The lawsuit
went to trial and the jury found that Dr. Kaul deviated from the
applicable standard of care, awarding the patient $500,000 for
pain, suffering, disability and the loss of enjoyment of life, plus
$187,890 for medical expenses. His wife was awarded $250,000
for loss of consortium, companionship and services.
Two important facts were discovered as a result of this lawsuit.
The first was that Dr. Kaul had not satisfied New Jersey law
because he did not have medical malpractice coverage for per-
forming spinal surgery, nor had he provided a $500,000 letter of
credit. The second was that he did not have the necessary train-
ing, education or experience to be qualified to perform spinal sur-
geries, yet had been doing so in same-day surgery centers around
New Jersey (including his own 1-OR facility) for years before it
was discovered. A total of 11 patients sued Dr. Kaul for malprac-
tice, some also suing several of the ASCs for negligence.
Following the malpractice cases, the New Jersey Board of
Medical Examiners revoked Dr. Kaul's license, finding that he per-
formed complex spinal surgeries without proper education and
training. Could he have done so at your facility?
OSM
M E D I C A L M A L P R A C T I C E
Ms. Wright (kwright@mica-insurance.com) is a senior risk management consultant for the Mutual
Insurance Company of Arizona (MICA). She provides a wide range of risk management education and con-
sulting services.
