When I first heard about the Ruben Mitchell case of medical malpractice, I thought about the numerous reports on racial disparities related to heart patients. Studies and subsequent reports have appeared in credible journals such as the New England Journal of Medicine and Journal of American College of Cardiology.
Most of the studies conclude that there are racial/ethnic disparities in care – even among patients with similar insurance, clinical characteristics, and socioeconomic circumstances. In short, a black heart patient is less likely to receive the same interventions and /or cardiovascular procedures as his/her white counterpart. Sadly, Ruben Mitchell appears to be a victim of this unwritten but well-documented practice.
This case of medical malpractice is proving to be unlike your average lawsuit. It is about the 2001 wrongful death of a black man in the prime of his life. Mitchell was a long-time union plumber and loving family man. His wife, Betsey, says they were “living the American dream until it was shattered by Dr. Milton Kardesch and his negligence.” Dr. Kardesch was Mitchell’s heart doctor, she said, and was well aware of his patient’s history of heart problems.
Betsey filed a wrongful death and malpractice suit nearly a decade ago and has been fighting every since. The claim in the suit is that the doctor failed to provide the standard of care after a call to the doctor’s office about Mitchell suffering from chest pains. Fourteen days later, Mitchell, again complaining of chest pains, went to the hospital. He died the following day at 47 years young .
The first jury trial ended in a ruling in favor of the doctor. After all, the good doctor had his reputation and medical practice to protect – or did he? During the preparation for the trial, Betsey’s attorneys discovered that Dr. Kardesch’s license had been suspended in both Missouri and New York due to a felony conviction unrelated to his medical practice.
Mitchell’s attorneys were not allowed to pursue this issue and the fact that Dr. Kardesch had lied about it during his deposition. He claimed that he had never been suspended; his two suspensions were unknown to the unsuspecting couple when they sought him out as their internist.
Last summer, the developments in the wrongful death case should have been major headlines. In a unanimous decision, the Missouri Supreme Court overturned the lower court ruling citing that Mitchell’s attorneys should have been able to pursue the important issues regarding Kardesch’s suspended license. Indeed. It was very important, as it points directly to his credibility or lack thereof.
Mediation is set for both parties later this month. So far, the Kardesch legal team has insulted the Mitchell family with a measly offer of $100,000. That’ll barely cover the total college expenses of Betsey’s daughter, who entered college for the first time this year. Her son will probably follow her path in a few years. Unless I’m missing something, a legal ruling by the state’s highest court to allow your lies to be exposed to a jury may not end in your favor. It’s past time to do the right thing.
Although “tired of trials,” Betsey Mitchell is undoubtedly a fighter for the long haul. She says the ordeal has been made easier by the support of friends and family as well as the competence of her appeals attorney, Michael Gross.
It is difficult to say what the financial loss of a husband and father is to a family or to a community; I find it incalculable. In cases such as this, I just wish the defendant would own up to the mistakes and spend time on working out the most humane and fair settlement possible, not waste time and energy duckin’ and dodgin’ the truth.
If the mediation fails, this case is going before a jury. This will make for a living class in court drama or court justice. For the sake of Betsey and her two children, I hope it will be court justice.
