There are few felons who can top the pain caused by so many victims as Dr. Farid Fata, who is facing a demand by prosecutors for a 175-year sentence for sending hundreds of healthy patients into unnecessary cancer treatments.
Some 553 patients were given the unnecessary cancer treatments to 553 patients before Fata was arrested in 2013. He was accused of $35 million in Medicare fraud. He pleaded guilty in the fall to fraud, money laundering and conspiracy charges.
Absent the plea, some of the cases might have produced some challenging evidentiary burdens. Some of the patients had cancer but were over treated while some received the wrong treatment for their type of cancer. Those could be defended as malpractice but not fraud. However, there appeared to be enough evidence of knowing fraud to force Fata to throw in the towel on trial.
The trial itself would have allowed patients to recount how they suffered organ damage as a result of unnecessary treatment. Moreover, these victims had to tell their loved ones that they had cancer and prepare their families for their possible deaths. One man lost a testicle and came close to kidney failure due to the unnecessary treatment.
What most concerns me are accounts of people complaining as early as 2010 with no action taken to shutdown this doctor.
In the meantime, the defense counsel is seeking a limit on victim’s statements for sentencing — a difficult proposition for a court in cutting off the right of victims to speak about their loss and pain.
Another interesting aspect of this case is how to handle the civil liability. He presumably had insurance coverage but the sheer number of cases presents a daunting problem for courts. This would seem a good case for special management like a mass tort situation where a court can administer the claims while reducing the litigation costs. Since liability is obvious, it would be unfair to see these victims paying either full contingency fees or high hourly rates for victims of 30 percent or more. Ideally, these claims can be administered through a single court. However, the insurance company may wish to contest some cases as properly diagnosed. That could lead to litigation in those marginal cases.
I often wonder how some active and productive people end up being the commenter with the most comments on a political blog, time after time. LOL.
And doc, I’ve been shot at twice. That’s pressure.
Nick Spinelli shot at:
Crikey Nick. That’s scary….
I’m just trying to say that if the same pressure is put on your doctor a mistake is likely to happen and if you want good health care you need to understand this
ninian, In our litigious culture, all people, to varying degrees, live under the threat of being sued. However, docs, particularly the OB GYN’s you mentioned, are very high on the list of pressures from litigation. I’ve had a commenter here threaten both myself and wife w/ a lawsuit. I’m savvy enough to know it was crazy talk, but I’m in a unique position in knowing that. Suing has, in just my lifetime, become epidemic. I work almost exclusively as a PI on civil litigation. I’m mostly retired, but still work some cases when I’m in Wisconsin, where I’m licensed. Gotta keep active and productive.
“Just think could you deliver your best under this sort of pressure?”
I doubt he could Dr Peckitt. Some folks would’nt last a day in the healthcare field.
inga – that’s why they have internships, to break people in gradually. Although some residents are brutalized.
I.Annie and Nick Spinelli
I am suggesting if you want medicine to improve you need to give the medical profession “a break” (pardon my attempt at Americana but you know what I mean).
The problem is chicken and egg. You may feel that some doctors don’t deserve this at the moment.
If this can’t happen more patients will be injured or worse. Lives of patients and their doctors will be ruined.
My style of practice is that the patient becomes a member of the team and there is continuity of care. Nearly all patoents are anxious or frightened and empathy is important. This is difficult especially if money is an issue. Money can be a barrier to a good doctor/patient relationship. And doctors should steer clear of this if possible.
I take a personal interest in what happens. You try to ensure that if a mistake happens it is of no consequence and you never do something that you would not have done on yourself.
You can only do your best and sometimes this is not enough.
So for health care to improve in the USA a number of issues have to be addressed. If they are not addressed standards will continue to fall.
My problem is I don’t belong to this new age of aggressive marketing and talking patients into things. I have always avoided the hard sell. I have always believed that if you are good at what you do patients will come to see you, and I have always thought that it is a privilege to be asked to treat a patient. My practice is about the patient and not about me.
So I hope that reason prevails and that patients get what they want. But good health care requires a partnership of trust between doctor and patient and I don’t think this is really appreciated
Make health care a service. Pay for it and it only. Take the parasites out of the equation. It doesn’t matter how it’s done. It is simple math. We pay for unnecessary profit based expenses. Private health care insurance, fraud, advertising, etc. None of this is in the interests of the citizen. To champion making unnecessary profits off of the misery of people is not American. Well perhaps it is to some, the ones that spout that everyone can make it to the tip. Perhaps that’s where the problem is to be found.
To Isaac: Health Service
This is one solution and it worked really well in UK up to reforms in 1980’s
It could be done in a way to exclude government and insurance companies. This might be a good thing and would preserve the American sense of self reliance and independence.
To have Health Service so that citizens did not have to worry about cost is a tremendous thing. It would address many issues.
ninian, One of the main reasons for over testing in the US is predatory medical malpractice lawsuits. Now, insurers and docs want that controlled by caps. I do not. If a doctor screws up, I want the victim to get just compensation, not restrained by some arbitrary cap on damages. As stated previously, govt. docs and hospitals are protected by very low caps. The answer to the litigious culture in this country, which is certainly not just med malpractice, but also product liability, auto accidents, etc., is 2 words. LOSER PAYS. That is the system under which the entire world operates, except the US.
You may not understand how defensive medicine works? But, in this country, generally the younger you are the more likely you are to be over tested, medicated and treated. The reason is, if the doc screws up on a young person, the damages will be computed as loss of earnings from the date of the malpractice, until retirement age. It’s simple math. A 25 year old attorney making $175k a year, will have that salary, adjusted for inflation, projected to age 65. So, that 25 year old barrister will be over treated and tested if he has chest pains, even if it appears to be simple agita.
Nick Spinelli
I understand your argument about defensive medicine and over investigation but over investigation has its own risks with its own sphere of litigation.
Eg colonoscopy and perforated bowel, urinary catheter and renal infection, angiography and stroke / death amniocentesis and miscarriage C-Section and death etc
This concept of the doctor screwing up an loser pays is understandable in American Culture but it puts the doctor under so much pressure that a mishap is more likely to happen. This does not lead to a mutual trust between Dr and patient and this is a real problem. It could mean that the patient doesn’t get the treatment required.
Look at obstetrics. In some states it is difficult to get an obstetrician. The consequences of a complication are so horrendous doctors don’t want to eternal into this specialty – and this results in an inability to get specialist treatment.
What is needed is a balance so that the Dr can work in optimum conditions. You life may depend on this one day
Just think could you deliver your best under this sort of pressure?
DBQ, I’m not on Medicaid, I get Medicare. I worked from the time I was 15 until age 60. So that’s 45 years of paying into the system. I think that those who stand by and watch those who paid into the system for many many years be classified as being “on the dole” by buffoons such as Spinelli are just as nasty and mean spirited.
Id say this to fair minded decent people, be careful classifying people as being “on the dole” and as being non-“achievers” because one day you too may in the same boat. The arrogance and ignorance is astounding.
Living off of one’s spouses benefits is such an “achievement”, lol. Nurses saved lives in their careers, they didn’t sit on their butts eating Cheetos and spying on old ladies. “Achievement” is in the eye of the beholder and if the beholder is a buffoon, take it for what it’s worth.
@ Inga-Annie
You asked about ME, and I responded. Too bad you think my response was disingenuous.
I DO think that many on Medicaid….which is the welfare arm of Medicare are on the dole/welfare. They didn’t pay in anything because they didn’t work. They didn’t pay in because they are ILLEGAL aliens and are on welfare. Medicaid. Medi-Cal. They went on disability as soon as possible, like my husband’s ex brother in law, so they not only get Social Security (SSI disability) AND Medicare. Spending a life getting food stamps, welfare benefits and all the other perks.
I did not see this particular comment “comment by Spinelli that those on Medicare are “on the dole” However, I agree with his statement at….. http://jonathanturley.org/2015/07/08/doctor-faces-175-years-after-pleading-guilty-to-ordering-unnecessary-cancer-treatments-for-hundreds-of-victims/#comment-1469057 That there are many receiving Medicare, Medicaid, SSI who could be classified as being “on the dole”
One of the main reasons that these systems…Medicare and Social Security are in financial trouble is for this very reason of people who DID NOT pay in or who paid in barely anything have figured out how to scam the system and take more than they have put in.
Many does not equal all.
David, The class envy in some is deep. I love people who work hard and get rich doing so. I don’t have much envy or jealousy in me. I grew up amongst the old money in New England. I was taught by my blue collar parents to not judge people on their wealth, rich or poor, but on their character. Now, I can intellectually understand the underachievers who are resentful of people who are rich by inheritance. I don’t, but I get it. What is antithetical to EVERYTHING I was taught is to resent people who achieve by getting education and working hard. It used to be antithetical to the US mindset, but that changed in 2008. We best turn that cancerous resentment around quickly. Just look @ Greece!
DBQ and hubby, how dare you be “on the dole”! Some people are on the dole of their spouses’ federal benefits. Shame on them for retiring Long before retirement age and using the spouses’ federal benefits. Soooooo lazy.
ninian, A 2 tiered system is something many people here would abide. We have a de facto 2 tiered system w/ uninsured using ER’s for healthcare that we insured end up paying. Maybe expand the VA system, which is the most extensive govt. run healthcare system in this country, to accommodate those who want govt. doctors.
Nick Spinelli wrote: “We have a de facto 2 tiered system w/ uninsured using ER’s for healthcare that we insured end up paying.”
Not all uninsured people use the ER. I have NEVER used the ER for healthcare.
I have been to walk-in clinics and paid for services. County health care clinics also provide good services for the poor. The biggest reform we need is to get the federal government out of health care and give us our money back so we can give our money to people who actually need it rather than fraudulent doctors.
I say get rid of insurance in all forms, medicare, medicaid, and private insurance. Let the sick and needy be seen by all and let the charity and compassion of people be moved to donate to fund charity hospitals and ministries that provide free healthcare to all.
People on the dole do the most complaining. We humans are hardwired to work and be active. There is a small % of people on the dole who are quite content. But, most are unhappy. We achievers just want to be left alone. But the takers just want to keep taking, complaining, and sitting on their fat asses watching reality TV and eating donut holes.
“Live on Medicare”? Excuse me? Medicare is a healthcare program. Such extreme ignorance, no excuse for this.
DBQ, the comment by Spinelli that those on Medicare are “on the dole” is what is retarded and that you don’t recognize this is quite honestly retarded. I get Medicare too and have been told numerous times that I’m “on the dole”. I’m pretty sure you know what I was getting at with the question but you chose to be rude and disingenuous instead. I don’t think for one minute that those in Medicare are on the dole. I too paid into the system for 40+ years.
DBQ, There are people who are below Medicare age who live on Medicare because they are allegedly “disabled.” There are “disabled” people in their 20’s getting Medicare. When you have been on SS Disability for 3 years you get dole Medicare as well. We self employed people had the distinct honor and privilege of paying DOUBLE for both SS and Medicare when we get it in our old age, not in our 20’s or 50’s.. When we get those benefits we have EARNED IT..DOUBLE. Then there are the takers, who resent “the rich” and the people who achieve. They all vote Dem.
For those people who get health insurance through the Federal employees retirement system, their premiums will also be subject to an increase because of the greed of private health insurance companies. I don’t want to have to pay for their Cadillac insurance plan with the tax dollars of Americans. Federal employee retirees need to stop feeding at the trough.
DBQ, since you and your husband now get Medicare, do you consider yourselves “on the dole” ?
Once again with this retarded question. And I do mean retarded in the stupid, slow, low IQ sense.
We have paid medicare and social security taxes for well over 45 years before becoming eligible. We are STILL paying medicare insurance and social security insurance premiums through payroll taxes because we are STILL working. We are still paying into the INSURANCE systems.
So no. It isn’t the dole. It is called Medicare Insurance and I have paid my premiums to be eligible for the insurance. However, only Medicare Part A is included in the premiums I have already paid.
To have Medicare Part B requires a monthly premium of over $100 each person. So I am paying an additional INSURANCE premium of 104.90 per month per person. That is times 2 so 104.90 X 2 = 209.80 per month. or….$2517.60 per year.
That is hardly being “on the dole” where you get something for nothing. We have paid and are paying. Past and Present.
Because we are prudent and we want to protect our assets….with insurance, which is what Medicare premiums past and present pay…..we also want to have additional coverage with a supplemental INSURANCE so we pay an additional $250 a month for a private, not government mandated, plan. That is $3000 a year.
Our out of pocket costs for these INSURANCE plans are $5517.60 per year. So……I would be quite sure that this doesn’t constitute being “on the dole”. Before we had insurance, we never had medical bills that equaled this amount. However, we were younger and a cost benefit analysis and a risk/reward analysis dictates that we should purchase the additional coverage over what we have already paid for. Part A…. So we have Part B and a Med Sup.
If I had never paid into Medicare or Medicaid……as is the case with many Illegals or with those who at an early age went onto disability….then you might consider it the Dole or a welfare plan. Now that you are on SSI-disability or Social Security or Medicare do you consider yourself on the dole? If so…..you should be thinking about giving some of it back if you haven’t paid or earned it.
ninian, Let me repeat, there are MILLIONS of people like myself. I suggest a two tiered system. People who want govt. healthcare should have a system for them. People who don’t want govt. healthcare should be LEFT ALONE! That’s what we were promised, but we KNEW it was a lie when Obama said, “If you like your healthcare, you can keep your healthcare.” How did we know it was a lie? His lips were moving.
To Nick Spinelli: 2 tiered system
There isn’t anything wrong in this or any other system you want to introduce as long as you don’t get cheated.
But it looks like premiums are too high to cover over treatment and I am saying that Americans should insist on reform
*Health*