Doctor-Patient Relationship Category Archives — DC Medical Malpractice & Patient Safety Blog Published by Washington, D.C. Personal Injury Lawyers

November 27, 2020

U.S. health watchdog issues fraud warning about doctors’ speaker programs

Buh-bye? Arrivederci? Sayonara? Can it be that the coronavirus pandemic puts an end to one of the disgraceful ways that Big Pharma and medical device makers push their wares on all-too malleable doctors — with big-money speaker programs?

The inspector general’s office of the giant federal Health and Human Services (HHS) agency has warned drug- and medical device-makers that these pandemic-paused marketing shams should not resume. The $2 billion that industry players have forked out for the in-person gab fests in the last three years looks sketchy at best to federal watchdogs and prosecutors, the HHS inspector general warned in a rarely issued “special fraud alert.” It reported this:

“The Office of Inspector General (OIG) and Department of Justice (DOJ) have investigated and resolved numerous fraud cases involving allegations that remuneration offered and paid in connection with speaker programs violated the anti-kickback statute. The Federal government has pursued civil and criminal cases against companies and individual [health care providers] involving speaker programs … Our enforcement experience demonstrates that some companies expend significant resources on speaker programs and that some [health care providers] receive substantial remuneration from companies. This Special Fraud Alert highlights some of the inherent fraud and abuse risks associated with the offer, payment, solicitation, or receipt of remuneration related to company-sponsored speaker programs.”

November 25, 2020

UC offers $73-million settlement in class-action suit over abusive gynecologist

by Patrick A. Malone

The University of California has offered to pay $73 million to settle with 5,000 women their class-action lawsuit asserting a staff gynecologist sexually abused them during medical procedures. This is yet another big case involving claims of years of widespread and sordid professional misconduct that somehow went undetected at a major institution, which has acknowledged it reacted poorly when confronted with a problematic clinician.

The proposed settlement still requires the sign-off of a federal judge, and it may not go through if more plaintiffs decide against joining this deal, as lawyers in Los Angeles have said they will not.

James Heaps, 67, a one-time gynecologist who is at the center of the scandal at UCLA, also still faces criminal charges for his actions during his 1983-2019 career at the university, in its student health center and at its medical center. The Los Angeles Times reported that the doctor was first arrested in June 2019 for sexually touching two patients in 2017. But then:

November 24, 2020

Even as the pandemic hits grim phase, we have much to be thankful for

by Patrick A. Malone

With the pandemic tearing through the United States and overwhelming U.S. health care system, we pause from the grim news to tally some of the nation’s blessings in this time.

We can be thankful for the courage, fortitude, dedication, and skill of an army of health workers of all kinds. They have put themselves and their loved ones at formidable risk and strain to treat patients under unprecedented duress. They have dealt with fear and uncertainty, giving little quarter, and approaching their own breaking points. Some health workers have themselves fallen ill, with some dying. Their sacrifices cannot be forgotten, and we need to give sustained and extra support to health workers as the pandemic enters its next perilous phase.

November 20, 2020

Gynecologist guilty on U.S. charges, but questions linger about his practices

by Patrick A. Malone

A federal criminal case concluded with felony convictions for a Virginia gynecologist. But the questions are only now beginning as to how a doctor could have caused so many women so much harm for so long without other clinicians, hospitals, administrators, insurers, and regulators stepping in to stop him.

As the Washington Post reported, jurors took 2½ days to convict Dr. Javaid Perwaiz on 52 counts in what prosecutors alleged was his years of defrauding insurance companies by performing life-altering hysterectomies and other unneeded surgeries on women patients. He is scheduled to be sentenced in March, facing a maximum sentence of 465 years imprisonment.

His conduct, condemned and proven by prosecutors in a trial that ran for weeks, included “performing diagnostic procedures with broken equipment and scaring patients into surgery by falsely claiming they had cancer,” the newspaper reported, adding:

November 13, 2020

Patients finally gaining new access to medical records and doctors’ notes

by Patrick A. Malone

Millions of Americans may be finding that their doctors routinely refer to them with terms like SOB and BS. But patients will be better off with this knowledge, once they learn how to translate medical abbreviations.

The Associated Press reported that hospitals and health care systems nationwide quietly are complying with deadlines, and, under a 2016 federal law, are opening up convenient, fast access to patients to not only view and access their electronic health records but also physicians’ notes about their care. As the AP wrote:

“If you already use a patient portal such as MyChart to email your doctor or schedule an appointment, you may soon see new options allowing you to view your doctor’s notes and see your test results as soon as they are available. You may get an email explaining where to look, how to share access with a caregiver and how to keep other eyes off your information. Many people won’t notice a change. About 15% of health care systems already are letting patients read doctor notes online without charge. That means about 53 million patients already have access to their doctor’s notes.”

October 20, 2020

Virginia gynecologist’s fraud trial surfaces hundreds of mistreatment claims

by Patrick A. Malone

A Virginia criminal case, while focusing on claims of fraud against the federal government, also has exposed a long-running and nightmarish pattern of what prosecutors assert has been a Chesapeake gynecologist’s rampant mistreatment of his patients, many of them women of color and poor.

Dr. Javaid Perwaiz is on trial because authorities say he “manipulated records to cover crimes that enriched him but endangered pregnancies, sterilized women unnecessarily, and pressured them into needless procedures to finance his lavish lifestyle,” the Washington Post reported.

The newspaper’s articles, as well as the efforts by the FBI and federal prosecutors to develop the charges against the jailed specialist, raise disturbing questions about not only Virginia medical regulators but also the hospitals where the gynecologist practiced and colleagues who have described a “frenzied environment in which hospital staff struggled to keep pace with Perwaiz as he rushed from procedure to procedure.”

October 9, 2020

Prosecutors, pandemic or no, crack down on billions in health care frauds

by Patrick A. Malone

With the Covid-19 pandemic ensuring that even more dollars are flooding into health care than ever, nefarious parties — including doctors, nurses, and other licensed professionals — have targeted ordinary Americans and the federal government in big-time scams. U.S. prosecutors have punched back with a nationwide fraud crackdown.

They announced that they have charged 345 individuals for “submitting more than $6 billion in false and fraudulent claims to federal health care programs and private insurers, including more than $4.5 billion connected to telemedicine, more than $845 million connected to substance abuse treatment facilities, or ‘sober homes,’ and more than $806 million connected to other health care fraud and illegal opioid distribution schemes across the country.”

The biggest part of the federal busts targeted bunko crimes in telemedicine, the medical care option that burgeoned in popularity as patients fearful of infection with the novel coronavirus sought distanced treatment.

October 6, 2020

Maryland adds testing and leads area in allowing nursing homes to re-open

by Patrick A. Malone

Maryland will take the lead among states in the area in re-opening nursing homes and other long-term care facilities from months of coronavirus-related closures to family members, guests, and other visitors.

Gov. Larry Hogan (shown, right) acted as the state, for the first time in months, reported that October started with zero Covid-19 fatalities and 76 of Maryland’s 227 nursing homes had active coronavirus cases — down from 130 on Aug. 5, the Washington Post reported.

After struggling through some of the worst outbreaks in long-term facilities in the area, Maryland will put significant resources into safeguarding nursing homes as they reopen, Hogan said.

October 4, 2020

Unchecked Covid-19 pandemic gives U.S. a new reason to hold its breath

by Patrick A. Malone

Falsehoods, even when loudly repeated, do not magically become true. The Covid-19 pandemic rages across the United States, and the facts do not support in any way the myth that the nation is “rounding a corner” in seeing the disease diminish its destructive course or magically disappearing.

The toll of the coronavirus is ripping toward 210,000 deaths and more than 7.3 million infections, with those figures likely understated.

As the Washington Post reported of its data analysis:

May 27, 2020

Health disparities, laid bare by the virus, lead to loss of both lives and limbs.

by Patrick A. Malone

Although the Covid-19 pandemic may be opening more and more Americans’ eyes to the harsh effects of the country’s economic and racial inequities, the stark damage from the nation’s health disparities can be plain to see — in truly disheartening ways.

Lizzie Presser, a reporter for the Pulitzer Prize-winning investigative site ProPublica, deserves high praise for her distressing article on “The Black Amputation Epidemic.” As she wrote recently from deep in the poverty, neglect, and racial discrimination of the Mississippi Delta:

“[W]ithin months, the new coronavirus would sweep the United States, killing tens of thousands of people, a disproportionately high number of them black and diabetic. They were at a disadvantage, put at risk by an array of factors, from unequal health care access to racist biases to cuts in public health funding. These elements have long driven disparities, particularly across the South. One of the clearest ways to see them is by tracking who suffers diabetic amputations, which are, by one measure, the most preventable surgery in the country.