A Texas physician is suing the expert who testified against her in a 2019 medical malpractice trial that resulted in a defense verdict, alleging she suffered emotional distress as a result of the expert’s “negligent” testimony.
Aayesha Khan, M.D., filed the complaint on Oct. 29 in the Madison County Circuit Court against Lloyd Ford, M.D. Khan represents herself pro se.
According to the complaint, Khan was previously sued for alleged professional negligence by former patient Mary Ann Rogers. Ford served as an expert in Rogers’ lawsuit and testified regarding Khan’s alleged negligence (14-L-685).
In her complaint, Rogers had alleged that she underwent a tonsillectomy, septoplasty and inferior turbinate reduction at St. Anthony’s Health Center in Alton on Feb. 23, 2011. During the surgery, Rogers claimed Khan used a technique that caused permanent damage to her glossopharyngeal nerves and nerve dysfunction.
As a result, Rogers claimed she was only able to eat liquids and pureed foods, had to have her speech altered and suffered from severe pain in her posterior tongue, among other claims.
Khan denied liability and argued that Rogers failed to follow post-operative instructions. She also denied that Rogers was injured during the surgery.
The case went to trial in Madison County Associate Judge Tom Chapman’s court in late October 2019. On Nov. 1, 2019, the jury returned a verdict in favor of Khan of co-defendant Alton MultiSpecialists Ltd.
During the trial, Khan claims Ford committed an act of negligence by traveling to Madison County and testifying against her.
Specifically, she claims Ford negligently testified that Khan lacerated Rogers’ glossopharyngeal nerve during a tonsillectomy surgery when there was no evidence of the claims.
Ford allegedly testified that as a result of Khan’s alleged negligence, Rogers lost her ability to swallow when the medical records established that the patient actually retained her ability to swallow.
Khan also alleges Ford testified that she injured Rogers’ glossopharyngeal nerve when numerous examinations by other providers failed to establish an injury to the nerve.
As a result, Khan claims she suffered emotional distress over having to defend a meritless lawsuit, emotional distress for having to report a meritless lawsuit on applications for privileges and professional liability insurance coverage, and emotional distress for having to be away from her family to defend herself based on Ford’s alleged negligent opinions.
Khan seeks compensation in excess of $75,000.
Madison County Circuit Court case number 21-L-1319