Litigation News – April 29, 2016
In our continuing representation of the medical community in litigation and transactional matters, please note our recent successes.
The firm successfully defended a physician from prosecution by the FBI and Office of the Inspector General amidst allegations of health care fraud and violations of the Stark Law/anti-kickback statutes. The investigation centered around the claim that the physician was fraudulently ordering durable medical equipment for patients, when it was not clinically indicated, in a criminal scheme to make a profit.
In another matter, following oral argument, the Court recently granted the firm’s motion to dismiss a plaintiff’s multi-million dollar claim of medical malpractice against the firm’s surgeon client in Suffolk County. The Court agreed with the firm’s argument that the plaintiff lacked capacity to sue due to a failure to list the subject lawsuit as an asset in a prior bankruptcy proceeding, dismissing the claim with prejudice.
As to new matters, the firm has been retained to represent: a local vascular surgeon against allegations that a failed surgical intervention in a hospital, after a catastrophic motor vehicle accident, led to a 22 year-old’s paraplegia; a pediatric hospitalist in Westchester County against allegations that an infant’s meningitis was untimely diagnosed leading to the infant’s death; and a urological surgeon in Westchester County against allegations that a case of testicular torsion in a 20 year-old male was untimely diagnosed, leading to necrosis of the testicle and its removal.