Steven R. Graboff, M.D., Announces Response To 2009 AAOS Sanction and Their Standards Of Professionalism

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In 2007 Dr. Steven R. Graboff, a renowned orthopaedic expert witness with over five hundred attorney clients, was retained by a lawyer as an expert in a medical malpractice case in which the patient had to have their leg amputated. A sanction was imposed by the AAOS on June 20, 2009, but does not affect his Board Certification by the American Board of Orthopaedic Surgery, nor does it affect his medical license or ability to practice medicine. There is no requirement that an Orthopaedic Surgeon who is an expert witness be a member of the AAOS. Despite the ruling, Dr. Graboff asserts that he has not violated any of the Mandatory Standards as set forth by the American Academy of Orthopaedic Surgeons.

Expertise, case experience, and credentials trump politically motivated lettered organizations and their Boards.

In 2007 Dr. Steven R. Graboff, a renowned orthopaedic expert witness with over five hundred attorney clients, was retained as an expert by Francis T. Colleran, Esq., of The Colleran Firm in Philadelphia, PA., in a medical malpractice case in which the patient had to have their leg amputated (Court Of Common Pleas, Philadelphia, PA., Case Number 000132, January, 2006). The named defendant, Dr. Menachem Meller, was someone who Dr. Graboff had testified against in the past where Meller caused a wrongful death and was found guilty of malpractice with an award of $4 million dollars (Court Of Common Pleas, Philadelphia, PA., Case Number 020201606, 05-21-2004).

Meller filed a grievance with the American Academy of Orthopaedic Surgeons (AAOS) in April 2008 alleging that Dr. Graboff violated their Standards of Professionalism for medical legal testimony (AAOS Reference #2008-11). There was a hearing at which Dr. Graboff informed the AAOS that he did not testify in this case, nor did he prepare any reports.

In fact, the AAOS was later advised by attorney Francis Colleran in a written letter dated February 13, 2009, subsequent to the initial grievance hearing, that what they received was Dr. Graboff's preliminary Draft Report of opinions (confidential preliminary work product) with the word "DRAFT" whited out by Mr. Colleran, who then used that altered document as a means to settle the case prior to Dr. Graboff receiving and reviewing all the materials pertinent to the case, which would have led Dr. Graboff to a different opinion favoring Dr. Meller.

In part, contained in that February 13, 2009, letter, Mr. Colleran wrote,(Quote) "…I made the decision to white out the word 'DRAFT' which Dr. Graboff had purposefully had placed in his report." Colleran went on to further state, "Please, I urge the Committee not to discipline Dr. Graboff for my decisions with respect to the use of the Draft Report. Such action would not be fair nor justified in this case, particularly in light of the fact that Dr. Meller's insurers requested such information."

Even with this written admission from Mr. Colleran that the AAOS was relying on an altered and unauthorized Draft of which Dr. Graboff had no knowledge nor to which he gave consent, the AAOS ruled in favor of Meller on June 20, 2009, regardless of this fact and without Dr. Graboff ever having testified in this case. This ruling resulted in a two year suspension of Dr. Graboff as they alleged certain Mandatory Standards of Professionalism were violated. According to Dr. Graboff (and supported by Mr. Colleran's letter), they were not. As a result of the Committee's ruling, this led to Dr. Graboff viewing the AAOS from a different perspective as what can best be described as a "teaching moment" for him.

Hence, despite reinstatement in the future, Dr. Graboff resigned (after 20 years) as a member of the AAOS as he will not support the AAOS agenda.

Since he did not write a report and was not deposed, and since he did not testify as an expert witness in this case, Dr. Graboff asserts it is impossible for him to have violated any of the Mandatory Standards as set forth by the American Academy of Orthopaedic Surgeons.

Every member of the hearing panel and judicial appeals panel are Orthopaedic Surgeons themselves at risk for lawsuits and who pay high malpractice insurance premiums.

This sanction by the AAOS does not affect his Board Certification by the American Board of Orthopaedic Surgery, nor does it affect his medical license or ability to practice medicine. There is no requirement that an Orthopaedic Surgeon who is an expert witness be a member of the AAOS, although opposing counsel would attempt to make hay of this. Dr. Graboff states, "Expertise, case experience, and credentials trump politically motivated lettered organizations and their Boards."

About Steven R. Graboff, M.D.

Steven R. Graboff, M.D., is a board certified Orthopaedic Surgeon, a member of the American Medical Association, the American College of Forensic Examiners, the California Medical Association, the Orange County Medical Association, the California Orthopaedic Association, and a Certified Forensic Physician. He has had an active Orthopaedic Surgery practice in Huntington Beach, California, since 1985, and he brings considerable expertise and experience to the forensic medical legal community.

With over 20 years of litigation support experience, Dr. Graboff has qualified and testified as an orthopedic expert witness over 500 times for both the plaintiff and defense in cases throughout the United States.

To learn more about Dr. Steven R. Graboff, follow the links found at: http://www.stevenrgraboff.com.

For More Information, contact:

Steven R. Graboff, M.D.
American Orthopaedic Associates
+1.714-813-0019

http://www.OrthopedicExpertWitness.com

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