Manhattan Medical Malpractice Defense Attorney Suspended For Fraudulently Concealing Altered Physician Notes
On November 29, 2018, an attorney, Daniel John McCarthy, licensed in New York since 1999, (whose registration address was an office in Manhattan), was suspended for three years due to misconduct during his defense of a pediatrician in a medical malpractice case in the state of Delaware.The physician was sued for failing to properly treat an infant suffering from jaundice which led to permanent brain injuries and disability.
The medical malpractice case resulted in a plaintiff's verdict that far exceeded the pediatrician's insurance coverage, so she sued her malpractice carrier for failing to settle the claim as well as her attorney, Daniel John McCarthy for legal malpractice. The pediatrician retained the attorney who had won the medical malpractice case to prosecute her attorney and malpractice insurer. During that litigation the existence of the altered medical records were found. Following a hearing, Mr. McCarthy was disciplined by the State of Delaware with disbarment.
The medical notes for the critical visit in question were altered to change the infant's presenting symptoms and to add some instructions and warnings to the mother for followup care. Mr. McCarthy argued at the hearing held in Delaware that he did not produce the altered records because it would have hurt his client's credibility. The Delaware Court held that Mr. McCarthy "assisted his client [pediatrician] with perpetrating a fraud by failing to disclose the existence of altered medical records...he was aware would have made his client more culpable...." He was also chastised for "failing to disclose to the court his client's false deposition and trial testimony...." In the Matter of Daniel John McCarthy, 2018 WL 6240600