Status of Unprofessional Conduct Complaints During the past two years (1999 and 2000) the AANS received 15 complaints from members alleging unprofessional conduct on the part of other members. Of those, four cases were dropped when the complainants elected not to proceed and present evidence supporting their allegations. In four other cases, the complainants have not yet submitted evidence supporting their allegations but the files are still considered active. In the remaining seven cases, after considering the evidence submitted by both the complainants and the respondents, the Professional Conduct Committee concluded that six warranted hearings and one did not because the allegations did not establish a prima facie case of unprofessional conduct. Hearings were conducted for the six cases in which the Committee concluded that a prima facie case of unprofessional conduct had been established. Three resulted in recommended letters of censure, two resulted in recommended six-month suspensions of membership and one recommended expulsion. The recommendations of the Committee were all approved by the AANS Board.
AANS Wins Dr. Austin Files Appeal
Another matter on the medico-legal front is the suit brought by Donald C. Austin, MD, against the AANS resulting from the suspension of his membership in April of 1997. He filed suit in federal court in Chicago claiming he was deprived of due process in the proceedings, resulting in his loss of substantial income as an expert witness. The court granted the AANS’ Motion for Summary Judgment on October 20, 2000, and Dr. Austin has filed an appeal in the United States Court of Appeals for the Seventh Circuit. That appeal is still pending.
AANS Sued in Georgia
A complaint was filed in the United States District Court for the Southern District of Georgia by Gary J. Lustgarten, MD, seeking to temporarily and permanently enjoin the AANS’ Professional Conduct Committee from conducting a hearing on charges brought against Dr. Lustgarten by Mark A. Gold, MD. The suit claims in four counts that Dr. Gold and the AANS’ Officers and Directors were guilty of a civil conspiracy to chill and thwart Dr. Lustgarten and others from testifying as expert witnesses in medical malpractice cases. The suit also seeks compensatory and punitive damages. The AANS’ General Counsel, Russell M. Pelton, commented that he believes the suit is meritless and is confident that the AANS will prevail, as it did in the similar suit filed by Donald C. Austin, MD.