Articles Posted in Ethics

javaid-300x169A 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.”

medjournals-300x196They are a unique combination — august publications in science and medicine that  harken back for centuries yet now inform 21st century practitioners about the latest advances in their fields. And now these leading scientific journals say the present moment  forces them to abandon their prized political neutrality to oppose the science denialism of the incumbent leader of the free world.

This is an unprecedented and uncomfortable development for the New England Journal of Medicine, Nature, Scientific American, and Lancet Oncology (a journal for cancer specialists). They have never taken a political stand of this kind in their histories, dating to 1812 for NEJM, 1845 for Scientific American, and 1869 for Nature.

Their editors say they would much prefer to stay out of presidential endorsements  and to keep their focus on publishing important, rigorous research and peer-reviewed information about advancements in the fields of science and medicine.

oxylabel-300x180So, who doesn’t daydream a little about money? Maybe even big money. Just imagine a scenario where, if you could put up $3,000, you could keep $13,000, or if you forked over $30,000, and walked away with $130,000? So how great would it be if you paid $3 billion but could stuff $13 billion into your pockets?

What a deal! Of course, it depends on whose perspective you look at it from.

Federal prosecutors and a bankruptcy court may give a plutocratic family that deal, along with a hard-to-imagine get-out-of-jail free card, news organizations report.

crackdownushealthscams-300x200With 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.

Democrats on the House Oversight Committee are pounding Big Pharma executives for price gouging, publishing an 18-month investigation of the soaring costs of select prescription medications and grilling  high-paid corporate leaders on whether those meds’ spiking prices were all too prevalent in the profit-ravenous drug industry.

The prescription medications targeted by the lawmakers included “Celgene and Bristol Myers Squibb’s Revlimid cancer treatment, which saw its price hiked 23 times since 2005, and Teva’s multiple sclerosis drug Copaxone, which went up in price 27 times since 2007,” reported the independent, nonpartisan Kaiser Health News service. “Those costs have little to do with research and development or industry efforts to help people afford medication, as drug companies often claim, according to the [congressional] probe.”

UMMC-Gudelsky-300x168A Maryland attorney has been indicted by the U.S. Department of Justice for an alleged scheme seeking a multi-million dollar payoff by the University of Maryland Medical System. Attorney Stephen Snyder is alleged by the government to have proposed a sham “consulting agreement” with the hospital, which would pay him $25 million, in order to keep secret some alleged facts about the hospital that he had learned in the course of representing a patient’s family.

Readers might wonder why our blog that focuses on patient safety and medical malpractice would write about this. Here’s why. We believe that attorneys who represent patients in medical malpractice lawsuits have an ethical duty to look out for the public’s interest, not just the narrow interests of themselves or even of their clients. That means that when a lawyer finds out in the course of representing someone that a hospital has a big patient safety problem, the lawyer should not try to personally profit from that knowledge by keeping quiet.

The Snyder indictment involves allegations about the organ transplant program at UMMS. (The building for the program is shown in the photo on the right.)

bar-150x150Taxpayers have put billions of dollars into long-term care rescue. Congress and the White House have deadlocked over further assistance, with a key stumbling block — as expressed by the foot-dragging Senate Majority Leader Mitch McConnell — focused on demands for greater protections for health care workers and enterprises, as well as business in general, from legal accountability for their work during the pandemic.

This is sham reasoning to stall desperately needed aid, for example, for schools and the jobless.

Small businesses, including the mom-and-pop long-term care facilities, put a demonstrably low priority on needing protection from liability lawsuits, according to a new study by Emily Gottlieb and Joanne Doroshow at the Center for Justice and Democracy at New York Law School. The researchers based their findings of multiple surveys of small business operators, with many of those questions posed by business groups themselves.

burningcash-300x200Taxpayers and lawmakers have ensured that the federal Health and Human Services agency operates with roughly $2 trillion in discretionary and mandatory funding. This means the agency can employ about 80,000 staffers, many of them top experts in medical science, health care policy, and public health.

This concentration of expertise and experience, however, may mean less than ever.

That’s because just one man, and his hand-picked few, insist that they hold the absolute power to make life and death decisions for more than 330 million Americans, especially when it comes to health care and government spending on it.

wyden-150x150https://www.protectpatientsblog.com/wp-content/uploads/sites/69/2020/09/Bob_Casey_Jr._official_photo-150x150.jpgThe White House and Senate Republicans have failed to protect more than 1.3 million Americans in nursing homes and other long-term care facilities, with persistent inaction contributing to the rising toll of Covid-19 deaths and infections among the institutionalized — months after the crisis in long-term care exploded into the public consciousness.

Those are the new findings of Bob Casey and Ron Wyden, two ranking Democratic U.S. senators serving on the Aging and Finance committees, respectively. They issued their harsh criticisms and a minority staff report they requested and based on information from the Trump Administration. The Washington Post quoted Casey:

“This report lays bare the devastating cost that American families have paid as a result of the Trump administration’s incompetency and Republican inaction. The crisis in our nursing homes, which residents and workers and their families are experiencing every day, demands immediate action.”

redfield
As the November elections draw near, let’s not lose sight of the flurry of developments in response to the politicization of the pandemic and the assaults by the Trump administration on medical science. Among them:

Patrick Malone & Associates, P.C. listed in Best Lawyers Rated by Super Lawyers Patrick A. Malone
Washingtonian Top Lawyer 2011
Avvo Rating 10.0 Superb Top Attorney Best Lawyers Firm
Contact Information