VALPARAISO | Attorney Ken Allen and his client should be celebrating this week's news that they won a malpractice judgement against a former Merrillville physician, who captured national attention after disappearing five years ago.

But Allen said the victory is bittersweet in that Indiana law has allowed bankers to get to Dr. Mark Weinberger's assets before his client, who will now have to wage another costly and lengthy legal battle in hopes of receiving a judgement capped at $1.25 million.

The delays and caps that were made part of the state's malpractice laws during tort reform in the late 1980s do a better job at protecting bad doctors and the insurance industry than the public, he said.

Allen said he won the first malpractice judgement against Weinberger from a panel of three physicians, which is the required first step when these types of cases are filed in Indiana. The case involves Valparaiso resident Phyllis Barnes, 50, who died after her cancer was misdiagnosed by Weinberger as a sinus condition, he said.

There are other civil malpractice lawsuits pending against Weinberger, including other clients represented by Allen.

The panel review in the Barnes case was dragged out for five years as a result of the current system and Allen's failed attempt to lay claim to Weinberger's assets along with the creditors.

The Indiana Department of Insurance has the discretion to respond to the panel's finding by paying out up to $1.25 million to Barnes' family, Allen said. But with little confidence that will happen, Allen said he plans to file a malpractice lawsuit in Lake County. Any judgement against the doctor would be paid out of the state's patient compensation fund.

Allen said he is using the case to shed light on what he sees as injustices in the state's tort reform laws. He down played the perception the changes were needed to protect against "runaway verdicts" by saying there are plenty of opportunities to appeal rulings in the courts.

Weinberger, who was to be featured late last year on the "America's Most Wanted" television show, remains at large, Allen said.