Law Med Blog

Iowa City Sues Lawyers For Bad Advice In EMS Medicare Fraud Settlement

April 01, 2012 lawmed 3 Comments

CLINTON, IA – The city of Clinton has filed a $3 million lawsuit against the attorney and law firm that handled the city’s $4.5 million settlement of a whistleblower lawsuit.

The lawsuit filed Wednesday in Clinton County District Court claims attorney Michael Walker of Davenport and his law firm, Hopkins & Huebner, were negligent in the legal work that led to settlement of the lawsuit over the city’s allegedly fraudulent billing of Medicare and Medicaid for emergency medical service runs.

The federal false claims act lawsuit was filed in 2008 by a former firefighter and settled in 2010 for payment of $4.5 million over 10 years.

The city claims Walker and the firm negligently caused a “rush to judgment” in recommending the settlement, according to the lawsuit.

Ron Pogge, an attorney for Hopkins & Huebner, said Thursday, “We stand by the advice we gave them, and we’ll let … (Continued…)

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Ohio Anesthesiologist Convicted Of Murder Seeking New Trial [VIDEO]

February 01, 2012 lawmed No comments

Former anesthesiologist and convicted murderer Mark Wangler is back in an Ohio courtroom asking for a new trial.

His attorney argued before the Third District Court of Appeals the reasons they should overturn the aggravated murder conviction for the death of Wangler’s first wife Kathy. The arguments focused on scientific evidence allowed, and not allowed, during the March 2011 trial. Attorney Christopher McDowell criticized the method scientists used to test chemicals on duct work in the home, calling it junk science. McDowell said Judge Richard Warren shouldn’t have allowed jurors to hear the testimony at all. He also objected to a defense witness not being allowed to refute the evidence. The chemical evidence was key since Wangler was convicted of killing his wife by using carbon monoxide, a deadly asphyxiate gas.

McDowell also says officers collected evidence beyond the scope allowed by a search warrant including a diary. However, assistant … (Continued…)

Desai Competancy Hearing Held Friday In Nevada Hepatitis C Case

January 29, 2012 lawmed No comments

The issue of the competency of Dr. Dipak Desai to stand trial was again before Clark County District Court Judge Kathleen Delaney on Friday. Back in February of 2011 two court appointed medical experts found Desai incompetent for trial and he was ordered into custody at a state mental health facility.

Dr. Steven Zuchowski, a state psychiatrist, treated Desai last year at the Lakes Crossing state mental facility in Sparks. The goal of treatment at the facility was to determine whether Desai could be made competent and to implement treatment as appropriate if he could.

Zuchowski testified Friday that despite suffering two strokes, the embattled former physician-owner of Las Vegas outpatient colonoscopy clinics at the center of a 2008 Hepatitis C outbreak, is mentally competent to stand trial on criminal charges. He told the court that Desai’s memory was affected by strokes in 2007 and 2008, but that he was … (Continued…)

2nd Abortion Doc Extradicted To Md Appears In Court

January 24, 2012 lawmed No comments

Nicola Riley (Scott Sommerdorf | The Salt Lake Tribune)

Dr. Nicola Riley and her former colleague, Dr. Steven Brigham of Voohees, NJ, were indicted in Maryland last month under a 2005 law that allows murder charges to be brought in the death of a viable fetus. Riley, a resident of Utah, was arrested there Dec. 28 on a fugitive warrant and was held in a local county jail until being extradited to Maryland on Thursday. She appeared in a Maryland courtroom for the first time on Friday. Brigham, a resident of New Jersey, was arraigned in Maryland on Jan. 6th.

The 2005 law is similar to laws found in 37 other states which are generally intended to allow criminal charges in cases of assault or murder involving pregnant women when a fetus is killed as a result. This is the first time the law has been used in Md to charge a physician who performed an abortion. The law … (Continued…)

Hospital Propofol Policy Results In $3M Judgement In Patient Death

December 21, 2011 lawmed No comments

Here at the Law Med Blog we have mentioned more than once the minefield institutions create through their ill considered creation of various unnecessary policies and procedures. The incredible irony here is that these P&P are almost always created with the idea they will LIMIT liability and increase quality of care. Often times they serve to create local Standards of Care which deviate from nationally accepted standards. The hospital however can be held liable for violating their own policies, regardless of whether they followed national standards. Once implemented, patients are entitled to be treated under the hospitals published policies.

And this brings us to Enloe Medical Center in Chico, California. A Butte County Superior Court jury Monday ruled the hospital must pay the family of 50 year old Todd Stewart $3 million. Stewart, who died after a failed attempt to replace a faulty lead in an implanted cardiac defibrillator, underwent … (Continued…)

Surgeon Has Bail Reduced In Propofol Rape Case

December 04, 2011 lawmed No comments

On Thursday a Cass County District Court judge reduced bail for a Fargo surgeon accused of drugging and raping a woman in his home. Once $50,000 it now stands at $5,000. 41 year-old Dr. Jon Norberg is accused of injecting his victim with the anesthetic propofol in mid-June, leaving her unconscious. John Goff, attorney for Jon Norberg, argued the cost of the surgeon’s criminal defense and his ongoing divorce as well as his defense against disciplinary action by the state Board of Medical Examiners has left him strapped for cash.

Assistant State’s Attorney Gary Euren argued to no avail against the bail reduction because of the severity of the charges. Norberg is on voluntary leave from Sanford Health and has no income. He has pleaded not guilty and posted the $50,000 bail when it was ordered. Presumably he wants some cash back. He is due back in court in January.… (Continued…)

NY Pain Doc Arrested: 10 Patients Dead From OD [VIDEO]

November 23, 2011 lawmed No comments

A Queens NY pain management doctor made a practice of peddling prescriptions to addicts and drug dealers, including a man who killed four people in a pharmacy robbery and at least 10 of his patients have died of drug overdoses according to authorities.

Dr. Stan Li wrote more than 17,000 prescriptions – mainly for oxycodone and other highly addictive painkillers – in the last 2 1/2 years at his Queens weekend clinic where he would see up to 120 patients per day. One patient had overdosed numerous times yet Li continued to prescribe him narcotics until ultimately he had a fatal overdose.

Li’s lawyer, Aaron M. Wallenstein, says the doctor denies everything, has acted “responsibly” and “wants to fight this to the end.” Li, 57, is being held on $500,000 bail after pleading not guilty to prescription sale and reckless endangerment charges. Currently the charges all relate to one patient, … (Continued…)

Anesthesiologist Expert In Murray Trial In Contempt, Fined

November 21, 2011 lawmed No comments

Defense expert witness in the Conrad Murray trial, anesthesiologist and propofol expert Dr. Paul White, was found in contempt of court last Wednesday and fined $250 for telling jurors that the judge asked him not to testify about his personal conversations with Murray. White had been ordered by the judge to make no mention of having had any personal conversations with Dr. Murray…which obviously included mentioning the judge told him not to mention them.

District Attorney David Walgren argued that White’s comment was intentional given that he made the statement right after he was scolded by Judge Michael Pastor for discussing his conversations with Murray. White claimed to have no idea he was violating the judge’s order. Defense attorney J. Michael Flanagan told the judge that he thought his instructions to White were not “crystal clear” and there was no intent to violate them. Apparently Pastor gave them the benefit … (Continued…)

Texas Attorney General News Release Re: Dr. Arafiles

November 09, 2011 lawmed No comments

lens17813902_1304018572texas-attorney-general

The following is a news release from the Office of the Attorney General of Texas:

11/07/2011 Former Winkler County Memorial Hospital Physician Sentenced for Scheme to Fire Nurses In 2009

Rolando Arafiles Jr. to serve jail time, surrender medical license

KERMIT – A former Winkler County Memorial Hospital physician today pleaded guilty to misusing his position and coordinating with local officials to retaliate against two nurses who filed an anonymous complaint against him with the Texas Medical Board.

Rolando Arafiles Jr., 59, pleaded guilty to two third-degree felonies – misuse of official information and retaliation. Visiting Judge Robert H. Moore III sentenced Arafiles to five years deferred adjudication probation, 60 days in the Andrews County Jail and a $5,000 fine. Arafiles also must surrender his license to practice medicine.

With today’s guilty plea, Arafiles admits to urging former Winkler County Sheriff Robert Roberts and County Attorney Scott Tidwell to … (Continued…)

Arafiles Giulty In Sweetheart Plea Deal: 2 Months Jail Time

November 07, 2011 lawmed No comments

Former Winkler County Memorial Hospital physician Rolando Arafiles has plead guilty in a Texas courtroom in exchange for a sweetheart of a deal with the prosecution. As we predicted, Arafiles will be doing jail time. Here are the stipulations and sentence:

2 months in jail

Surrender of his medical license (which he did Friday)

5 years probation

$5,000 fine

If Arafiles complies with all the terms of his probation the conviction will be expunged from his record, an important consideration if he plans on getting his medical license back. This deferred adjudication agreement makes the whole plea deal worth it for Arafiles. Had he gone to trial and been convicted by a jury, the chances of his having this option were far from certain.

Arafiles guilty plea brings to a close the saga of the Winkler County Nurses. Arafiles was charged with two counts of felony misuse of official … (Continued…)

Anesthesiologist As Expert Witness: Murray Trial Lessons How Not To [VIDEO]

November 07, 2011 lawmed 1 Comment

Expert witness testimony in both criminal and civil litigation is necessary both to explain highly technical or specialized evidence presented to a jury, and to establish the Standard of Care (SOC) by which a defendants actions are judged. In the case of the SOC, expert witness testimony alone establishes its content. However it is the jury that accepts, or rejects, the testimony and settles on the appropriate SOC. One can then easily imagine that an expert’s testimony often determines the guilt, innocence, and/or liability of a defendant. It is very important stuff which requires accuracy and an unbiased presentation.

To that end, most all professional societies have established guidelines for the qualification and testimony of experts within their profession. These guidelines tend to have common requirements: The expert must be qualified as the profession defines it, and; The expert should be neutral and unbiased in their testimony as to the … (Continued…)

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