'Nose Doc' suing malpractice insurer

HAMMOND | An indicted former Merrillville sinus doctor is suing his malpractice insurance provider for breach of contract, alleging various missteps in its handling of lawsuits filed against him.

Mark Weinberger, known as the "Nose Doc," was indicted on 22 counts of health care fraud in Hammond federal court about five years ago. The government claims he filed insurance claims for surgeries he never performed, causing about $318,000 in damages. He faces trial in South Bend later this year.

In state courts, hundreds have filed medical malpractice lawsuits against Weinberger. In one case, a jury awarded a deceased Valparaiso patient's estate $13 million. Weinberger fled the country in 2004 after that lawsuit was filed, and in 2009 Italian police found him hiding in the Alps.

Now, Weinberger is claiming his malpractice insurance firm, Alabama-based Medical Assurance Co., committed several errors or omissions in defending him against the malpractice lawsuits, including waiting almost two years to file the coverage case, failing to "adequately investigate" or settle the claims and failing "to make any serious attempts to locate Weinberger" after some of the cases were filed, according to documents filed this week in Hammond federal court.

Medical Assurance officials did not immediately return calls placed by The Times on Tuesday, and no attorneys for the firm were listed in the court docket.