Doctor named in lawsuit says he didn't treat child

OGDENSBURG — An Ogdensburg doctor said a Syracuse attorney falsely named him in a lawsuit that accuses him of botching a child's elbow treatment.

Dr. Luc L. Perrier said he never treated Kaleb Abar, 110 St. Lawrence Ave., when the boy came to the emergency room at Claxton-Hepburn Medical Center needing a cast on his elbow.

A lawsuit filed by the boy's mother, Heather Abar, alleges that in September 2007, Dr. Perrier, an orthopedic surgeon, and Dr. James C. McLaughlin, Ogdensburg, improperly applied her son's elbow cast.

The suit also claims the cast was removed too soon, resulting in extra surgeries and permanent injuries.

A news item about the lawsuit was published last week in local newspapers, based on court documents that were filed in state Supreme Court through the St. Lawrence County clerk's office.

Dr. Perrier said the suit, prepared by attorney Aaron J. Ryder, Syracuse, is inaccurate and unfairly tarnishes his reputation as a physician.

"I never treated the kid," Dr. Perrier said Thursday. "I did not apply a cast. I did not remove a cast. I did not treat this patient in the emergency room or the hospital."

Mr. Ryder did not return phone calls made Wednesday and Thursday to his Syracuse law office.

Dr. Perrier said Mrs. Abar and her son came to his Ogdensburg office three months ago, two years after the cast was applied, because the elbow had not healed properly.

"I saw him once and I referred him to a specialist in Syracuse," Dr. Perrier said.

Laura C. Shea, a spokeswoman at Claxton-Hepburn Medical Center, confirmed that Dr. Perrier had not treated Kaleb in 2007 at that facility.

"There is no indication he treated that patient during that time period," Mrs. Shea said.

Dr. Perrier said he's shocked the attorney who prepared the suit didn't check his facts before filing the action in court.

"My name is not even in the boy's hospital chart. I guess he decided to slander my name and then check later to see if he had the right guy," Dr. Perrier said. "Don't you have a duty to check the basic facts?"

Dr. Perrier said he also believes Mr. Ryder failed to comply with a state law that requires attorneys to consult with another licensed physician to help determine whether the case has merit before they file legal action against a doctor.

After contacting several attorneys about the situation, Dr. Perrier said, he's been told he probably wouldn't be successful at winning a lawsuit against the attorney for slandering his professional reputation.

That's because the allegations in the suit state they are based on "information and belief," Dr. Perrier said.

"Those two words protect him from everything. I have no recourse against this guy who slandered my name all over the county," he said. "He slandered my name with false accusations and now I'm telling it like it is."

Dr. Perrier said he plans to report the situation to the state Bar Association, where it may be reviewed by a discipline committee.