Medical malpractice often results in devastating consequences for victims. Sometimes malpractice changes victims’ lives permanently. Although they are among the most respected members of society, doctors and other medical professionals can and do make mistakes. They are also sometimes negligent in their behavior.
In the fall of 2021, a prominent Virginia Beach medical professional was arrested during a traffic stop. His name is Dr. John Mancoll, and he performed cosmetic and reconstructive surgery for two decades. His original charges: possession of a controlled substance and larceny.
In his possession when arrested were three Schedule I or Schedule II drugs, which were the basis of the drug charges. The misdemeanor charge stems from a theft of medicine Dr. Mancoll allegedly committed earlier in 2021. According to various news reports, the victim of the drug theft was an unidentified woman.
Drug Use and Medical Malpractice
Felony drug possession is a serious charge that immediately calls into question the professional qualifications and ethics of Dr. Mancoll and the services he has performed for his patients. Possession alone doesn’t mean he was using the drugs; however, his misdemeanor is a red flag for addiction.
According to most, if not all, reputable addiction research, drug theft is one of the leading signs of an out-of-control addiction, especially when it’s a well-known professional whose name is on the line. Professionals who are in control of their lives generally don’t risk their reputations by stealing drugs.
How Drug Use Can Lead to Virginia Beach Medical Malpractice
Medical professionals like John Mancoll suffer from all of the frailties of humanity as everyone else. They are not perfect, although they are well regarded by many. It’s reasonable to assume there are doctors addicted to drugs, but the fact that it happens in no way excuses its occurrence.
Schedule I and Schedule II drugs impair a user’s ability to perform tasks normally, including medical treatments and surgeries.
It’s ironic that many suffering from addiction feel they actually need their particular drug to perform adequately. Believing this idea is common among users to justify additional use. Regardless, treating patients while under the influence isn’t only unethical, it’s illegal.
If you were a patient of Dr. Mancoll and have suffered problems with the work he performed, then you may want to consider speaking with an experienced Virginia Beach medical malpractice lawyer. Surgeons who work under the influence of dangerous drugs are likely to have committed both obvious and not-so-obvious errors.
Common procedures patients go to Dr. Mancoll for include:
- Breast augmentation, reduction, and symmetry
- Buttocks work
- Neck lift
- Botox injections
These are only a few of the procedures Dr. Mancoll may have performed on his patients. Injury or harm you might have suffered due to his treatment could include:
- Abnormal or excessive bleeding
- Nerve damage
The potential loss caused by these injuries could be crippling. Economic and non-economic damages routinely tax victims’ resources and psychological well-being. Fortunately, the law allows victims to hold physicians like John Mancoll accountable.
Damages from Medical Malpractice
With a Virginia Beach medical malpractice claim, you can get help covering the damages you suffer from negligent treatment by a healthcare professional. As stated above, these damages can be economic or non-economic.
As the name implies, these damages represent financial losses. For example, medical bills are a common economic damage, as are costs for post-malpractice care and possibly rehabilitation. Economic damages also encompass wages you lose from being unable to work and loss of future earnings.
Other forms of economic damage may include the costs associated with covering or disguising errors made by a plastic surgeon. There are also transportation expenses for extra medical visits, vehicle and home modifications, if necessary, and special foods required for patients with compromised eating abilities.
Non-economic damages are just as real as economic ones and can be compensated under the law. Pain and suffering, or emotional distress, is a natural result of any injury. When the injury is in the cosmetic and reconstructive realm, victims are especially vulnerable psychologically.
These victims’ entire purpose for visiting a plastic surgeon often deals with self-esteem issues and beautification. So when a procedure goes wrong, the victim will likely face a substantial psychological setback and experience significant emotional distress. In a society where image is of utmost importance, such emotional pain is to be expected.
Victims may also have to deal with humiliation, depending on the nature of the harm. Image is a sensitive issue in modern society. In limited situations, punitive damages may be available, when it can be demonstrated that the defendant acted with willful and wanton negligence.
Steps in Filing a Virginia Beach Medical Malpractice Claim
If you believe that a medical professional has harmed you through negligence, then one of the first steps you should take is to set up a free consultation with a law firm that has experience handling personal injury cases.
If a lot of time has elapsed since your injury, then time will be of the essence. In Virginia, the law gives victims two years from the date of a malpractice injury to file a Virginia Beach medical malpractice claim. After two years, your claim will be invalid in most cases.
After consulting with an attorney, you will have an idea as to whether you have a case, and if you do, the likelihood of winning a settlement. Generally speaking, an experienced medical malpractice attorney won’t take your case if they don’t believe they can get you the settlement you deserve.
Dr. John Mancoll is facing three serious drug felonies and a misdemeanor for theft of medicine. These are serious red flags that this medical professional is addicted to drugs and has treated patients while under the influence.
If you were or are a patient of John Mancoll, then speaking to a lawyer about a possible medical malpractice claim may be in your best interests.
Former Doctor John Mancoll Found Guilty
After he pled not guilty to his charges, a jury convicted former doctor John Stuart Mancoll of criminal charges related to his Virginia Beach practice.
In a trial before a federal jury in Norfolk, Virginia, John Mancoll was found guilty of possession of controlled substances. The substances he is guilty of possessing were the opioids oxycodone and hydromorphone in prescription form.
The ex-doctor’s criminal portion of his legal problems now heads into the sentencing phase. Because he received a misdemeanor conviction, his time behind bars will not be extensive. He is looking at up to two years in prison when he appears for sentencing in October.
Pertinent Criminal Trial Details
In Mr. Mancoll’s trial, prosecutors from the Department of Justice presented patients and their family members to the jury. One married couple who testified had a son who underwent plastic surgery.
When they arrived for the surgery, the doctor told the parents to fill their son’s Percocet prescription right away. His excuse for having them do this was so he could teach them how to administer the drug.
At some point during the surgery, the doctor left the procedure and went into the waiting room. He first informed the parents about a minor issue that had arisen during the operation.
Mancoll then asked the parents if they had acquired the Percocet, and they handed it to him. He dispensed some pills into his hand, showed the parents a midway line through the pill, and returned the pills to the bottle. But not all of them. He kept some in his hand, then placed them inside his pocket.
Civil Cases Against John Mancoll
Mr. Mancoll’s legal problems are just beginning. Now that his criminal issues have concluded, he must face civil justice. If Mr. Mancoll has caused harm or loss to any of his former patients over the past years, he may be looking at significant liability.
The fact that a criminal jury convicted Mr. Mancoll bodes well for the patients he has harmed. The standard of proof in criminal cases is beyond a reasonable doubt. This is much higher than the standard of proof for civil cases, which is a preponderance of the evidence. In other words, the plaintiffs in a civil case do not have to work as hard as prosecutors to prove their case.
Even if the criminal case against Mr. Mancoll had resulted in an acquittal, the civil case for damages would still proceed unfazed. But the state’s case against the former doctor did not fail. And now, the plaintiffs are armed with more evidence than they need to sue Mr. Mancoll. However, it is likely that his insurance will settle with any victims.
Speak With an Attorney Today
Have you got more questions relating to the Mancoll case or to medical malpractice in general? Are you a former patient of John Mancoll who suffered from problematic results? Give the Joel Bieber Law Firm a call today for the answers you are looking for and potential representation. Get the justice you deserve!