On March 4, 2014, two Kentucky medical malpractice lawsuits were filed on behalf of more than 500 plaintiffs against Kentucky’s King’s Daughters Medical Center (“KDMC”), a recently retired heart surgeon for whom the hospital’s heart institute was named, and other defendants.
The plaintiffs, some deceased and others alive, allege that medically unnecessary and harmful cardiac procedures were performed. The medical malpractice lawsuits allege that the defendants engaged in a pattern and practice of performing and billing for unnecessary cardiac procedures, involving cardiac stents, coronary artery bypass grafts, percutaneous transluminal coronary angioplasty, implantation of pacemakers, and implantation of defibrilators.
The malpractice lawsuits allege negligence, gross negligence, lack of informed consent, negligent representation, fraud, fraudulent concealment, negligent hiring, credentialing, supervision, and privileging, unjust enrichment, civil conspiracy, violation of Kentucky’s Consumer Protection Act, and battery. The injuries claimed include emotional distress and loss of earning capacity. The plaintiffs’ lawsuits seek unspecified compensatory damages and punitive damages.
The crux of the plaintiffs’ claims is that the defendants routinely misrepresented their cardiac conditions in order to justify performing unnecessary and risky cardiac procedures. By doing so, the plaintiffs allege, the defendants were able to bill their health insurance companies, federal programs, and Kentucky state programs for the unnecessary procedures, thereby unjustly receiving payments to which they were not entitled. The plaintiffs claim that they suffered serious injuries as a result of their improper treatment, including painful and permanent physical injuries, physical pain, and mental suffering.
These recent lawsuits come on the heels of other medical malpractice lawsuits filed against KDMC and some of the other defendants regarding similar alleged practices, including a medical malpractice lawsuit filed in September 2013 against KDMC and the retired surgeon. These recent lawsuits reportedly reference an ongoing investigation (for more than two years) by the U.S. Department of Justice regarding alleged improper cardiac stent procedures performed at KDMC.
In response to the filing of the recent medical malpractice lawsuits, a spokesman for the defendant hospital stated, “We’ve been expecting the civil suits to be filed this week. These lawsuits are being generated by Louisville-based and Texas-based law firms that persistently solicited our cardiac patients through multiple channels … [u]nfortunately, this is an enormous burden on our local judicial system and ultimately diverts resources away from our community.” The spokesman further stated that the defendant hospital “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.”
If you or a family member may be the victim of unnecessary cardiac procedures, including improper stenting, in Kentucky or in another U.S. state, you should promptly consult with a local medical malpractice attorney who may investigate your possible medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
Click here to visit our website to be connected with Kentucky medical malpractice lawyers, or medical malpractice lawyers in your state, who may assist you with your malpractice claim. You may also reach us on our toll-free telephone line: 800-295-3959.
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