When Power Corrupts: The Tale of Two Malpractices

“With great power comes great responsibility.”

My nine-year-old can recite Uncle Ben’s dying words from Spider-Man without missing a beat. But Stan Lee was paraphrasing Luke 12:48: “From everyone who has been given much, much will be demanded.”

The question is: what happens when those entrusted with great power forget this fundamental truth?

Two Professions, Two Standards

As both a physician and someone who has spent four years navigating family courts, I’ve witnessed firsthand how two professions handle their responsibility to those they serve, and the stark difference is breathtaking.

The Medical Reality: Accountability That Exists

In medicine, we live with the weight of our decisions every single day. That chest pain patient at midnight? The child with a fever who won’t stop crying? Every choice carries the potential for harm, and we know it.

The American Medical Association defines malpractice clearly: when treatment falls below the accepted standard of care, causing patient injury or death. It’s measured against what a reasonably skilled professional would have done. The bar is authentic, enforceable, and we carry insurance because we know we’re human.

Here’s what that accountability looks like in practice:

• I remember every negative outcome.
• I replay every operation I wish I had done differently.
• I make notes to be better tomorrow than I am today.
• Most importantly, my patients know I’m human, and we’re in this together.

The system isn’t perfect — spurious malpractice claims have created the beast of defensive medicine, where doctors order unnecessary tests and avoid high-risk procedures out of fear rather than medical judgment. But here’s the crucial difference: the guardrails exist. Real consequences keep most of us honest, even when some abuse the system.

The Legal Reality: A System Without Consequences

Now let me tell you about legal malpractice through the lens of my nightmare in family court.

Since 2021, I’ve been trapped in a legal system fighting for freedom from an alcoholic co-parent. What I discovered would shock anyone who believes lawyers are advocates for justice.

When I relocated to Illinois with my son, thinking I was finally free, the alcoholic father followed, demanding more custody time and child support. The case landed before a judge who:

• Had been requested for removal by the majority of family court attorneys.
• Refused to learn the details of my case.
• Continued presiding over my high-conflict case when he was only supposed to handle non-conflict matters.

Here’s the kicker: Even after my ex blew a 0.39 BAL with our son in the car, he was still granted unsupervised summer custody to “compensate for time lost in rehab.” (Unwrap that Gordian knot.)

When my attorney continued to refuse my requests for a new judge, I did what any parent would do when the system fails their child: I wrote an open letter to the judge and published it on Medium. This same judge still presides over my case today.

The Malpractice That Isn’t Called Malpractice

My attorney knew removing this judge was my right. He refused my repeated requests. I have since learned this refusal constitutes malpractice — let’s see if the ARDC (Attorney Registration & Disciplinary Commission) agrees or protects their own.

This is where the two professions diverge completely:

In medicine: Clear standards, enforceable consequences, insurance requirements, peer review, licensing boards that act. Yes, spurious claims create problems, but the system still functions to protect patients.

In law, Attorneys protect each other. Judges protect each other. The “guardrails” are mainly cosmetic.

When Supreme Court Justice Potter Stewart said about obscenity, “I know it when I see it,” it sounded like my mother saying, “Because I said so” when I asked why I had to clean my room as a child — a non-answer masquerading as authority.

But here’s what I know when I see it: a system without real accountability is a system ripe for abuse.

The Price of Unchecked Power

In medicine, defensive practice at least errs on the side of caution. In law, defensive practice often means protecting your relationships with judges and fellow attorneys over protecting your client.

The result?

Doctors fear malpractice claims and practice accordingly.
Lawyers fear… what exactly? Loss of referrals? Social awkwardness at the country club?

While doctors carry malpractice insurance because we know we’re fallible, many lawyers seem to believe they’re untouchable. And unfortunately, they’re often right.

The Path Forward

Uncle Ben’s wisdom applies to every profession entrusted with power over others’ lives. But wisdom without enforcement is just pretty words.

Until the legal profession faces the same real accountability that governs medicine, families like mine will continue to be sacrificed on the altar of professional courtesy and judicial ego.

I published an open letter calling out this judicial misconduct, and the same judge still sits on my case. In medicine, a doctor who ignored clear evidence of patient harm while refusing to follow protocols would face immediate peer review and potential license suspension. In family court? You get to keep your robes.

The question isn’t whether power corrupts — it’s whether we’re willing to build systems strong enough to contain that corruption.

Some professions have learned this lesson. Others are still writing their own rules.

As a physician, which one protects the people it serves?