After a medical malpractice jury returned a verdict in favor of the defendant otolaryngologist in 2019 , the defendant sued the plaintiff’s expert for emotional distress, claiming “negligent testimony.”Aayesha Khan, M.D. filed her pro se complaint on October 29, 2021 in the Madison County Circuit Court against Lloyd Ford, M.D.
Dr. Ford was the plaintiff’s expert in a medical malpractice lawsuit filed by Dr. Khan’s former patient, Mary Ann Rogers. Ms. Rogers alleged in her medical malpractice complaint against Dr. Kahn that Dr. Kahn performed a tonsillectomy, septoplasty, and inferior turbinate reduction on her on February 23, 2011 at St. Anthony’s Health Center in Alton during which Dr. Kahn allegedly caused her to suffer permanent damage to her glossopharyngeal nerves and caused nerve dysfunction. Ms. Rogers alleged that as a result of Dr. Khan’s negligently performed surgery, she was restricted to liquids and pureed foods, her speech was altered, and she suffered from severe pain in her posterior tongue.
Dr. Kahn defended the medical negligence claims against her by arguing that Ms. Rogers caused her own injuries by failing to follow her post-operative instructions. Dr. Kahn also argued that Ms. Rogers was not injured during the surgery she performed.
Dr. Ford testified during the medical malpractice trial that Dr. Kahn negligently lacerated Ms. Rogers’ glossopharyngeal nerve during the tonsillectomy portion of the surgery. Dr. Kahn argues in her lawsuit filed against Dr. Ford that his testimony was negligent because there was no basis for his opinion that Ms. Rogers lost her ability to swallow (the medical records stated that Ms. Rogers’ ability to swallow was intact) and no basis for his opinion that Dr. Kahn had injured Ms. Rogers’ glossopharyngeal nerve because subsequent medical examinations by other health care providers did not find an injury to Ms. Rogers’ glossopharyngeal nerve.
In her recently filed lawsuit against Dr. Ford, Dr. Kahn alleges that Ms. Rogers’ meritless medical malpractice claims against her caused her to suffer emotional distress and that she suffered further emotional distress from having to report the medical malpractice lawsuit when applying for hospital privileges and professional liability insurance coverage. Dr. Kahn claims further emotional distress was caused by her having to be away from her family while she had to defend herself against Ms. Rogers’ medical negligence lawsuit.
Dr. Kahn seeks compensatory damages in excess of $75,000 from Dr. Ford.
Both Dr. Kahn and Dr. Ford are Board-certified otolaryngologists.
An otolaryngologist-head and neck surgeon, commonly referred to as an ear, nose, and throat doctor (or ENT), is a physician who treats diseases of the head and neck, both medically and surgically, which includes diseases of the external, middle, and inner ear, the nose, oral cavity, neck, and facial structures.
If you or a loved one may have been injured as a result of the medical negligence of an otolaryngologist in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your otolaryngologist malpractice claim for you and represent you or your loved one in an otolaryngologist medical malpractice case, if appropriate.
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