Podiatry Malpractice Blog

Podiatrist sentenced to probation for drug charge (North Carolina)

michael@jerseymalpractice.com (Michael Quinn) — Wed, 15 Apr 2009 07:54:20 -0500

A Grifton podiatrist was sentenced to probation and a fine for a drug charge.

Dr. Paul Joseph Civatte, 52, was given a sentence of 12 months of probation and a fine for a reduced charge of possession of drug paraphernalia. The case dated back to Dr. Civatte's 2007 arrest for possession of cocaine and maintaining a automobile for the use of controlled substances(CDS).

Dr. Civatee, who is a podiatrist at Greenville Foot and Ankle Center, was arrested for allegedly possessing two grams of cocaine while attempting to purchase drugs from undercover officers.

The cocaine possession charge was reduced to possession of drug paraphernalia. The other charge was dismissed.

Joseph Civatte, DPM was sentenced to a term of supervised probation and was fined $1,000. He was ordered to pay court costs in the amount of $541.50.

Source: ENCtoday.com (April 13, 2009)

Podiatrist accused in drugs for sex case (Missouri)

michael@jerseymalpractice.com (Michael Quinn) — Tue, 07 Apr 2009 06:19:46 -0500

Dr. Dave Dai Quang Pham, a St. Louis podiatrist, is accused of trying to exchange prescription drugs for sex.

The St. Francois County Prosecutor charged 49-year-old Dr. Pham with possession of a controlled substance with intent to distribute, distribution of a controlled substance, and a misdemeanor, patronizing prostitution.

Source: Associated Press (April 2, 2009)

Missouri Podiatrist pleads guilty (MO)

michael@jerseymalpractice.com (Michael Quinn) — Sat, 04 Apr 2009 08:23:24 -0500

A St. Louis, Missouri podiatrist has plead guilty to obstructing a federal audit when she provided the Medicare program with a false and backdated treatment record, U.S. said Thursday.

Bic Chau Stafford, D.P.M., 59, who practices at the Family Foot and Ankle Care Center in Maryland Heights, as well as assorted assisted living facilities in St. Louis County and St. Louis City, plead guilty to one felony count of obstruction of a federal audit. When sentenced Dr. Stafford faces fines of up to $250,000 and maximum penalty of five years in prison.

Prosecutors said that Dr. Stafford allegedly billed Medicare for complex foot surgeries provided to 39 Medicare beneficiaries when she was really providing these patients with only routine foot care, such as toenail clippings

Prosecutors said, in response to a Medicare audit, Dr. Stafford created new treatment records for the 39 patients in 2007 and backdated them to 2004, and claimed that she had provided these patients with podiatric surgery.

Source: St. Louis Business Journal (April 2, 2009)

Podiatrist arrested for insurance fraud (MS)

michael@jerseymalpractice.com (Michael Quinn) — Fri, 03 Apr 2009 08:16:53 -0500

Larry Cruel, D.P.M., a Mississippi podiatrist, has been arrested following an insurance fraud investigation, announced Attorney General.

Larry Cruel, D.P.M. (age 44), is a podiatrist at Advanced Foot Care in Jackson, MS. He was recently arrested by investigators with the Attorney General's Office and charged with one count of insurance fraud and one count of wire fraud for allegedly submitting false claims to Blue Cross Blue Shield. Dr. Cruel faces up to three years for the insurance fraud charge and up to five years for the wire fraud charge .

As with all cases, the defendant is presumed innocent until proven guilty in a court of law.

Source: Compnewsnetwork, March 27, 2009 (workerscompensation.com)

Missouri podiatrist pleads guilty to health care fraud (MO)

michael@jerseymalpractice.com (Michael Quinn) — Tue, 24 Mar 2009 10:46:49 -0500

A St. Louis County podiatrist, Dr. Denise Hardy, 45, recently plead guilty to a health care fraud charge in federal court in St. Louis and has admitted to over billing Medicaid and Medicare for unnecessary treatments.

Prosecutors said that Denise Hardy, D.P.M., lied on treatment notes from 2000 through 2005 so that Medicaid and Medicare would pay for foot care that would not otherwise have been reimbursed.

Dr. Hardy worked for South St. Louis Orthopedic Group between 1998 and 2005 and provided podiatric services at their office as well as at nursing homes, such as Lafayette Habilitation and at senior service centers at St. Anthonys Medical Center and St. Alexius Hospital.

Denise Hardy was paid a salary of $55,000 plus between 50 to 60 percent of the revenue she had billed each month over $12,000.

Source: St. Louis Post Dispatch 3-13-2009

Who performs foot surgery... (cont.)

michael@jerseymalpractice.com (Michael Quinn) — Mon, 23 Mar 2009 07:36:10 -0500

Generally the standards of medical care will be the same from specialty to specialty, however there may be distinct differences within each sub-specialty. In addition, training and procedures will vary between the sub specialties. It is important to establish that a particular provider is trained and qualified to perform the particular surgery that may be at issue. Board Qualification and Board Certification does not guarantee that a provider is qualified or trained to perform a particular surgery.

Tip: Make sure that you request the privileges granted to the provider by a particular hospital or surgical center in order to confirm that the facility has granted privileges to the doctor to perform surgery. Absence of privileges may help confirm that the provider received inadequate training or perhaps no training in the procedure(s) at issue.

Who performs foot surgery and provides footcare?

michael@jerseymalpractice.com (Michael Quinn) — Mon, 16 Mar 2009 17:15:55 -0500

Foot surgery and foot care can be provided by a variety of providers, as there is overlap amongst many different medical and surgical specialties. They include podiatrists, orthopedic surgeons (with or without fellowship training in foot and ankle disease). Dermatologists provide skin and nail treatment. Ulcer and bedsore care may be provided by vascular surgeons and implemented by wound care nurses and physician assitants. Neurologists commonly provide treatment for neuropathy and neurosurgeons will perform nerve surgery in the foot. Lastly, general practitioners may provide minor treatment modalities or alternatively refer to anyone of the above.

Podiatrist Guilty of Healthcare Fraud (Ohio)

michael@jerseymalpractice.com (Michael Quinn) — Thu, 05 Mar 2009 07:50:09 -0500

Ohio podiatrist, Dr. Harold M. Jones, DPM, has been found guilty in a scheme to defraud Medicare and Medicaid. Dr. Jones, 45, recently went on trial in Cleveland on 22 counts of healthcare fraud, six counts of aggravated identity theft and 26 counts of mail fraud. The jury found him guilty on three of the counts, after three days of deliberations and not guilty on the remainder of the charges.

According to Assistant U.S. Attorney Justin Roberts, Dr. Jones had used improper billing codes, billed for services that were not rendered and also billed under a false provider number. The doctor was also accused of using another medicare provider number and person’s name in order to submit false claims for reimbursement.

Source: The News-Herald (2-24-09)

Podiatrist arrested for fraudulently selling prescriptions (New York)

michael@jerseymalpractice.com (Michael Quinn) — Mon, 02 Mar 2009 10:14:48 -0500

A Long Island podiatrist was arrested and charged with writing and filling fraudulent prescriptions for painkillers and other drugs for personal use and resale for profit, Nassau County prosecutors said.

Prosecutors said, Dr. William Levine, 42, was carrying a loaded .380-caliber handgun when he was arrested in a Port Washington school parking lot where he was about to exchange illicit prescription drugs with another man.

Disticty Attorney Kathleen Rice said "Dr. Levine has violated the community's trust by abusing his position as a doctor,". "His actions are no different from a drug dealer on the street corner looking to poison our children, feed addictions, and ruin lives."

William Levine, DPM obtained large quantities of oxycodone, hydrocodone, Xanax, Klonopin Vicodin, and by writing out prescription slips in the names of non patients and his family members, authorities said. Dr. Levine then filled the prescriptions at nine pharmacies in Nassau County, Queens and Brooklyn, Rice's office said.

Rice's statemetn said "He would then either use the pills himself, or sell them,"
"Family members and non patients told investigators that they were unaware of prescriptions written in their names and that they had never received the medication."

Dr. Levine, practices podiatry in Brooklyn. Prosecutors said that Levine had gone to the Port Washington lot to provide the other man with five Klonopin pills in trade for 100 pills each of methadone and hydrocodone. Authorities said Dr. Levine's handgun was found in a search by Drug Enforcement Agency investigators who arrested both men.

Newsday- February 26, 2009

Levine faces several drug possession and sale charges, along with one count of criminal possession of a loaded weapon. Arraignment was scheduled for Thursday with another court date set for Monday. Levine could not be reached for comment Thursday at his office where the phone rang unanswered.

John P. Gilbride, special agent in charge of the New York Field Division of the DEA, said in a statement, "As prescription drug abuse rises, law enforcement has been focused on weeding out those responsible for distributing illegally diverted drugs by those hiding under physician's jackets."

Podiatrist investigated for potential fraud and improper billing (Wisconsin)

michael@jerseymalpractice.com (Michael Quinn) — Fri, 27 Feb 2009 22:03:11 -0500

A Wisconsin state review committee recommended Tuesday that Wisconsin podiatrist, John Lanham, DPM, be investigated for potential fraud and for possibly violating a state order meant to regulate his billing practices and other professional behavior.

The Public Investigator first wrote about Dr. John S. Lanham in November 2007 after discovering that he billed his patients much more than the average doctor. In one case, he billed $1,700 for medicine that costs $15 or less. A former patient reported receiving a $4,500 bill for treatment that most podiatrists say costs a few hundred dollars.

Over the past year, the complaints about Dr. Lanham have continued to be sent in to the Public Investigator Team. The State Department of Regulation and Licensing has also received complaints about the podiatrist. The state declined to specify how many complaints have been received because some are currently being investigated.

Lanham had his license to practice podiatry suspended in 2006 after state investigators said he submitted false bills and false claims to insurance companies. According to a final decision and order filed by the state, the state also found that the podiatrist billed for procedures he did not perform.

Despite settling with the state, Lanham denied that he knowingly submitted false claims for payment. However, according to the stipulation, he had acknowledged that he had "reckless coding errors in his billings. He has been required to have an outside monitoring firm check up on his billing practices for the past two years. The monitoring firm then reports its findings to the state podiatry review committee.

Journal Sentinel - February 17, 2009

Podiatrist admits submission of fraudulent Medicare Claims (Pennsylvania)

michael@jerseymalpractice.com (Michael Quinn) — Tue, 24 Feb 2009 11:22:02 -0500

A podiatrist from Scranton, PA, plead guilty to taking between $10,000 and $30,000 in Medicare payments for services he did not provide.

Podiatrist Thomas Rittenhouse, DPM, entered a guilty plea to one count of making a false statement in a health care matter. These charge carry up to five years in prison and fines of up to $250,000.

At the plea hearing, the Assistant U.S. Attorney said doctor Rittenhouse had filed claims with Medicare between 2003 and 2008 and was paid for services he never provided to patients. Dr. Rittenhouse is accused of claiming to have performed "nail avulsions", a procedure in which a toenail is removed, but actually just provided routine foot care.

Although the exact amount has not yet been calculated, Dr. Rittenhouse admitted the amount was between $10,000 and $30,000, and in likely the doctor will be required to pay back the amount that he had received through filing the fake claims.

Thomas Rittenhouse, DPM, remains free while awaiting sentencing in Federal Court which is currently set for May 26.

Source: The Times Tribune - 2-18-09

Podiatrist arrested for distributing CDS (LA)

michael@jerseymalpractice.com (Michael Quinn) — Sat, 21 Feb 2009 14:52:10 -0500

A podiatrist in Shreveport, Louisianna and his office manager turned themselves into the Caddo Correctional Center.

60-year-old Podiatrist Dale Fazio, D.P.M., is being charged with the unlawfull distribution of controlled substances and 49-year-old Leighton Fazio is also charged with obtaining a controlled substance by fraud.

The arrests stem from an investigation by the New Orleans Drug Enforcement Agency.

Dr. Fazio is not licensed to dispense controlled substances, he can only write prescriptions for them and can give them by injection, but cannot dispense controlled substances.

It was learned that approximately 1,500 hydrocodone tablets and 100 codine tablets were ordered under Dr. Fazio's Drug Enforcement Agency (DEA) number.

It was learned that the drugs were ordered by Mrs. Fazio and that Dr. Fazio knew about the orders. Investigators also learned that the pills ordered were taken by Mrs. Fazio.

He surrendered his DEA license. He can still practice medicine.

KSLA - 2-19-09

Defense Verdict- Unecessary & Unsterile Foot Surgery (KY)

michael@jerseymalpractice.com (Michael Quinn) — Mon, 16 Feb 2009 22:07:32 -0500

A 62 year old women underwent a surgery by her podiatrist on her ankle in 2004 to remove a cyst. It was performed by a podiatrist. Several weeks later at a post op visit, the defendant had removed the sutures. Plaintiff recalled that the defendant droped the instrument used to remove the sutures on the floor and then continued to use it without cleaning. At a following visit, there were signs of infection. Shortly thereafter plaintiff was admitted to a hospital with a diagnosis of infection. Plaintiff underwent a surgery for a skin graft.

Plaintiff alleged that the surgery was not needed and that the defendant operated in a surgical enviornment and there was a delay by the defendant in sending her to the hospital.
The podiatrist-defendant contended that the surgery was proper. He also argued that while there was an infection complication, he responded to it properly and it was managed.

A defense verdict was entered and there was no recovery by the plaintiff.

Experts: David Widom, DPM, Alan Catanzariti, DPM, Pittsburgh, PA

$750,000 Verdict - Failure To Obtain Informed Consent For Foot Surgery (NY)

michael@jerseymalpractice.com (Michael Quinn) — Fri, 17 Oct 2008 07:57:28 -0500

A damages-only case in New York involved the plaintiff's right to decide whether or not to receive additional medical treatment/surgical procedures to the feet, which established the podiatrists' duty to inform the patient (informed consent).

The plaintiff maintained that the two defendant podiatrists misrepresented her rights as to the nature of the surgery that they proposed to perform. She alleged that the surgeons did not obtain informed consent and that they negligently performed the surgeries, leaving her with a fused joint in her large and small toes, ataxic gait and ongoing pain and in her smaller toes, preventing her from walking properly, enjoy jogging, and race walking, as she once did, and to live a pain-free life.

The trial lasted three days and the trial judge entered a verdict in favor of the plaintiff. He awarded her $ 250, 000 for past pain and suffering and $ 500,000 for future pain and suffering, for a total award of $ 750,000.

Source: Jury Verdict Review Publications, Volume 16, Issue 11 [PM NEWS]

The plaintiff, who was a healthy woman and an avid jogger and race walker, was a female in her mid-50's at the time she visited the two defendant podiatrists. She contended that she had two office visits prior to surgery. She maintained that the defendants advised her that she needed an in-office surgical repair of her feet due to all the years of jogging, which had caused bursitis on the balls of her feet, as well as, hammertoes. The procedure, called Arthrodesis, is usually reserved for more rigid toes or severe cases, such as when there are multiple joints or toes involved. It is a procedure that involves a fusing of a small joint or joining in the toes to straighten them. A pin or other small fixation device is typically used to hold the toe in position while the bones are healing. She alleged that she signed a pre-operative consent form. However, she claimed that during the procedure, the doctors failed to advise her that they would be performing additional invasive surgery, which involved the fracturing of her toes on both feet. As a result, she has been diagnosed with ataxic gait and experiences continual pain in both feet and toes and can no longer enjoy jogging.

The plaintiff testified that if she had been made aware of the extensiveness and invasiveness of the procedure, she would not have consented to it. She also produced testimony that the defendants failed to obtain consent for the additional surgery. As a result, the plaintiff claimed she has difficulty walking, is no longer able to jog and experiences pain in both feet and all of her toes. The plaintiff's expert podiatrist testified that the plaintiff has since been diagnosed with ataxic gait, and will have pre-mature arthritis as a result of the surgery. In addition, he testified that the extensive procedure was unnecessary and that she would someday be a candidate for "salvage" surgery. Plaintiff's counsel also testified that the plaintiff's insurance company was overcharged.

The defendants testified that they did, in fact, inform the plaintiff of the surgical procedure, both before and during the surgery. They maintained that the phalanges and metatarsal surgical repair was necessary. In addition, they testified that the additional surgery was necessary in order to properly correct the plaintiff's abnormalities in her toes. They maintained that the patient signed a consent form and they produced what they claimed was the plaintiff's signature on a consent form. The defendant surgeons maintained that the procedure was minimally invasive. Counsel for the defense argued that the surgery did not worsen her condition.

Podiatrist Sentenced for Medicare and Medicaid Fraud (IL)

michael@jerseymalpractice.com (Michael Quinn) — Tue, 14 Oct 2008 17:29:58 -0500

West Peoria podiatrist was sentenced Friday to one year in federal prison for bilking Medicare out of thousands of dollars over the past decade by writing bills for medical procedures he didn't perform. Dr. Ernest Nwani, 57, also was ordered to repay $109,127 to Medicare and Medicaid for the bogus operations, some 400 of them in all.

Nwani, the sole medical provider for Footworld Medical Center, which he operated out of his house, admitted he defrauded the government by billing for services he didn't provide or didn't provide to the level that he charged Medicare. A company hired by the U.S. Department of Health and Human Services to combat fraud last year noted irregular billing practices by the doctor. An investigation revealed patients did not have procedures or even surgeries for which Nwani had billed Medicare.

From 2002 until 2006, Nwani submitted claims, which Medicare paid, for 539 surgical procedures of various types regarding 442 patients and claims for the permanent removal of 1,082 toenails from 394 patients, according to court records. Medicare paid $171,760 for the surgeries and $100,180 for the toenail removals. Thirty-three patients were interviewed and of those, "none of the surgeries billed for these 33 patients and for which Medicare paid, could be verified as having been performed," court records state.

$8.1 Million Verdict for Lost Cancer Biopsy Specimen (IN)

michael@jerseymalpractice.com (Michael Quinn) — Thu, 02 Oct 2008 16:03:01 -0500

Eric and Renee Flora felt reassured in the spring of 2004 when a local podiatrist removed a growth from her big toe and life for the New Carlisle couple returned to normal.

But when the growth resurfaced a year later, they received some frightening news. Renee Flora, a then 33-year-old nurse's aide and mother of two young girls, had malignant melanoma.

A St. Joseph Superior Court jury has found podiatrist Dr. W. Douglas Kolmodin liable for medical malpractice, concluding that Renee Flora's odds at beating the cancer were greatly reduced because he failed to have tissue from the excised growth tested for cancer.

Now in stage three of the cancer, she has just a 17 percent chance of living another 12 years, according to national cancer statistics, said her attorney, Rob Gonderman.

After a five-day trial last week, the jury awarded the Floras more than $8.1 million in damages.

The couple declined to comment on the verdict, as did Kolmodin.

Kolmodin's attorneys, W. Todd Woelfer and Georgianne Walker, did not return calls seeking comment.

During the trial and in sworn affidavits contained in court records, the Floras testified they saw Kolmodin place the lesion in a container, and he told them he would send it for testing.

That was the last day Kolmodin practiced in his office at 711 W. McKinley Ave. During the firm's move several days later to a building in the Edison Lakes area in Mishawaka, the specimen was apparently lost, Gonderman said.

Kolmodin, 37, testified in a deposition that a local boy's baseball team helped with the move, partly to show their gratitude for a donation he had made to the team.

Kolmodin denied the specimen was lost, according to court records. Rather, he said, it disintegrated upon removal, and there was nothing left to have tested. However, the three podiatrists who reviewed the case for the Indiana Department of Insurance concluded there should have been enough tissue for the test, Gonderman said.

Gonderman said he was pleased with the verdict, but noted he has a long fight ahead in trying to recover the damages.

Fortunately for the Floras, Gonderman said, it appears Kolmodin's former practice, Northern Indiana Foot & Ankle Associates, had failed to participate in the state program that caps malpractice damages at $1.25 million for all care providers involved in a case.

Kolmodin will be shielded by Indiana's $250,000 damages cap against individual doctors under the law.

Gonderman said Northern Indiana Foot & Ankle Associates' status is unclear. Kolmodin now works for South Bend Clinic, which has acquired the firm, Kolmodin testified at trial.

South Bend Tribune [2/24/08]

Podiatry Settlement: Failure To Timely Diagnose Charcot's Joints in Diabetic Patient (NJ)

michael@jerseymalpractice.com (Michael Quinn) — Sat, 13 Sep 2008 18:29:59 -0500

The plaintiff in her late 50s, a diabetic with peripheral neuropathy, contended that clinical signs including deformations in the bone, the collapse of the arch, an increase in pain and swelling and redness, should have led to a timely diagnosis of Charcot's joints, a degenerative condition that can result in the breakdown of bones and tissues of the foot. The plaintiff also contended, that she was sent for a bone scan three to four months later and that the defendant should have realized that early stages of the condition were evident. The plaintiff maintained that if diagnosed after the bone scan, more conservative treatment modalities such as the use of a total contact cast would probably have enabled the condition to resolve in the absence of surgery and the implantation of hardware which will permanently cause increased pain and difficulties ambulating.

The defendant maintained that the clinical signs prior to the bone scan were consistent with diabetes and peripheral neuropathy and denied that the failure to diagnose the condition this time constituted a deviation.

The defendant also contended that he recognized the early stages of the condition after the bone scan was taken and acted appropriately by prescribing a walking boot and referring her to her family physician. The plaintiff underwent the surgery approximately one year later.

Result: $ 300,000 Settlement

Source: Jury Verdict Review Publications, Volume 29, Issue 2 [PM News]

Podiatrist License Suspended and Jailed (GA)

michael@jerseymalpractice.com (Michael Quinn) — Wed, 10 Sep 2008 10:06:59 -0500

The hospital privileges of a Macon podiatrist werer suspended after he was jailed, accused of crippling patients and refusing to pay a $3.9 million civil judgment. Dr. George Vito turned himself in to U.S. Marshals on Aug. 8 after being held in civil contempt. Vito has refused to pay $3.9 million in damages for prior malpractice judgments. Monroe County Hospital suspended Vito's privileges, but hospital CEO O.J. Booker said none of the operations cited in the lawsuit occurred at Monroe County Hospital.

U.S. District Court Judge Ashley Royal ordered Vito and Foot & Leg Centers of Georgia to pay those damages in May 2007. In his decision, Royal said Vito was involved in evidence tampering, perjury, witness intimidation and wire fraud in a pattern of racketeering that dated back to 1999 and “continues to the present.” According to court documents, Vito has not paid any of the damages and remains in jail and was expected to stay there until he complies with the order, said federal court officials.

While his office is in Macon, Vito saw patients regularly in Forsyth and sometimes performed surgery at Monroe County Hospital. Hospital chief of staff, Dr. Patton Smith, said the medical staff has suspended Vito’s privileges and may do so permanently if the charges are confirmed. He said no medical board or agency has notified the hospital so they hope to get more concrete facts before taking final action.

Source: Monroe County Reporter (8/28/08)

Defense Verdict: failure to diagnose and treat 5th metatarsal non union (PA)

michael@jerseymalpractice.com (Michael Quinn) — Mon, 08 Sep 2008 10:34:37 -0500

The plaintiff was a women in her late 30s who underwent surgery performed by the defendant to treat a bunion. The surgery involved cutting and moving the bone of the fifth metatarsal. The plaintiff complained of continuing persistent foot pain.The plaintiff underwent additional surgery performed by another podiatrist.

She had alleged that the defendant podiatrist was negligent by failing to diagnose and treat a fifth metatarsal non union following the performance of bunion surgery. Specifically that the defendant failed to timely diagnose and treat a non-union which, if timely diagnosed, would have permitted non-surgical treatment. he defendant argued that the plaintiff was still in the post operative recovery stage when she elected to seek treatment from another podiatrist. The defendant contended that he had no opportunity to diagnose the plaintiff's non-union.

The defendant's expert podiatrist Michael Downey, DPM had testified that the plaintiff was still within the healing phase of her recovery when she chose to treat with another physician some six months after surgery. The non-union was diagnosed by the subsequent treating podiatrist and the defendant maintained that he had no opportunity to diagnose the condition.

Result: The jury found that the defendant was not negligent ($0).

Source: Jury Verdict Review Publications, Volume 16, Issue 10 (PM NEWS)

2 Podiatrists from Luzerne County Disciplined (PA)

michael@jerseymalpractice.com (Michael Quinn) — Sat, 16 Aug 2008 10:49:30 -0500

The Pennsylvania Department of State Board of Podiatry took action against the following podiatrist in Luzerne County, PA:

• Barry G. Bernstein of Plains on June 18. He was ordered to complete seven hours of continuing education within six months and he paid a $500 civil penalty, because he “failed to complete 30 hours of continuing education in timely and acceptable courses and programs in the profession.”

• Lawrence J. Kansky, D.P.M., of Mountain Top, on April 16. He voluntarily surrendered his license to practice podiatry for after pleading no contest to prescription drug charges and receiving probation in December.

Source: Timesleader.com [August 16, 2008]