KDMC and Paulus face suits
By Kenneth Hart, The Daily Independent, Ashland, Ky. | |
McClatchy-Tribune Information Services |
The two civil complaints, filed in
Named as defendants were
Both suits were filed by attorneys
The suits charge the defendants with negligence and gross negligence; lack of informed consent; negligent representation; fraud, fraudulent concealment, negligent hiring, credentialing supervision and privileging; unjust enrichment; civil conspiracy; violation of the Consumer Protection Act; and battery. They seek unspecified compensatory and punitive damages, court costs and attorney fees, a jury trial and damages for emotional distress and loss of earning power.
The complaints stem from the alleged "pattern and practice" of the defendants of performing, allowing to perform and billing for unnecessary cardiac procedures, including percutaneous transluminal coronary angioplasty with stenting, coronary artery bypass grafts and pacemaker and defibrilator implantation.
The plaintiffs allege the defendants "routinely misrepresented patients" cardiac conditions to justify the performance of procedures on the patients' hearts," and that overstating of the extent of the plaintiffs' conditions allowed the defendants "to bill insurance companies, federal and state governments and the patients themselves for hundreds of unnecessary procedures."
The allegations are similar to those contained in a civil suit filed in September against Paulus and KDMC by an
As a result of the defendants' conduct, the suits allege the plaintiffs have all suffered harm that includes "unneccessary, painful and dangerous cardiac procedure, serious, painful and permanent injuries to mind and body and great physical and mental pain and suffering."
The complaints also allege KDMC has largely refused to comply with the plaintiffs' requests to turn over their medical records and cardiac films and the "vast majority" of the plaintiffs had not received complete copies of their records and films.
The suit also makes reference to KDMC being under investigation for more than two years by the
KDMC has been among the nation's leaders in stent procedures. Bloomberg.com recently reported
KDMC is one of a number of hospitals that have been investigated by the DOJ about interventional cardiac procedures. According to
KDMC spokesman
"We've been expecting the civil suits to be filed this week. These lawsuits are being generated by
"The lawsuits do not provide a lot of information, so there's nothing to which we can specifically respond. However, we do know some of the complaints relate to care as far back as 1995. As a hospital, we handle medical malpractice cases as needed and will process these claims using normal, established procedures. Unfortunately, this is an enormous burden on our local judicial system and ultimately diverts resources away from our community.
"King's Daughters intends to defend the care provided by our cardiac program, of which we are very proud, and which has been recognized for its patient care and quality outcomes."
Paulus'
Bennett was President
Paulus retired in August after 21 years of practicing at KDMC. He said at the time his retirement "was the confluence of a lot of events," and he wanted to spend more time doing charitable work and with his family.
KDMC's Heart & Vascular Center bears Paulus' name -- the
Both suits have been assigned to Judge
Claims made in civil lawsuits state only one side of an issue. Under the law, the defendants have 20 days from the date they are served to file responses.
___
(c)2014 The Daily Independent (Ashland, Ky.)
Visit The Daily Independent (Ashland, Ky.) at www.dailyindependent.com
Distributed by MCT Information Services
Wordcount: | 892 |
LIMRA: Changes In Consumer Expectations Present Challenge For Industry
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News