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Doctor who torpedoed his own med mal defense settles case

A Martinsville doctor whose behavior in a medical malpractice case cost him his defense and threatened his insurance coverage has resolved his legal troubles, his lawyer reports.

Martinsville Circuit Judge Carter Greer granted summary judgment on liability against cardiologist Jack Painter for what the judge found was fraud on the court. After Greer’s ruling in March, a former patient’s medical malpractice claim was headed for a July 25 trial on the issue of damages only.

Evidence showed Painter denied under oath his conversations with other professionals about the case and the fact that he had secreted an exhibit used in a deposition.

With trial pending, Painter’s insurance company last month asked a federal judge to declare it had no duty to defend or indemnify Painter because his conduct breached his duty to cooperate with the insurer.

Following mediation with retired Circuit Judge Michael C. Allen on July 3, the case was settled Wednesday among all the parties – patient, doctor and doctor’s insurer – reported Walter H. Peake of Roanoke, who represented Painter.

The terms were confidential, Peake said.

A motion to reconsider Greer’s penalty was pending at the time of settlement, Peake said.

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