A 69-year-old Virginia OBGYN was arrested on November 7, 2019 on one count of health care fraud and one count of making false statements relating to health care matters arising out of a whistleblower’s complaint that he was performing unnecessary surgeries on female patients without their consent.
The FBI reportedly began investiging the Virginia OBGYN in September 2018 after a hospital employee reported to the FBI that the OBGYN’s patients told hospital staff that they were there for their “annual clean outs,” which made the employee suspicious that the OBGYN was performing unnecessary surgeries on patients without their consent.
An FBI Special Agent’s affidavit filed in support of the arrest reportedly stated that the OBGYN was performing surgical procedures on many of his Medicaid patients on an annual basis, and that from January 2014 to August 2018, he had performed surgery on 510 of his Medicaid patients (40% of his Medicaid patients), with 42% of them having two or more surgeries performed by the OBGYN.
One of the patients mentioned in the FBI’s affidavit reportedly had diagnosed herself with endometriosis for which the OBGYN performed annual D&C surgeries and on at least one occasion, failed to have an office visit with the patient prior to performing a D&C. The patient found out in 2014 that the OBGYN had removed her fallopinan tubes without her knowledge or her consent.
The affidavit reportedly identified a second patient who was treated by the OBGYN in 2012, following an abnormal pap smear. The OBGYN recommended a total hysterectomy but the patient only consented to removal on her ovaries. During the outpatient laparoscopy, the OBGYN performed a total hysterectomy during which her perforated her bladder. The patient developed sepsis, which required her to spend six days in the hospital. The patient’s medical records reportedly documented the total hysterectomy procedure as a “elective” procedure.
The OBGYN reportedly billed Medicaid for use of a hysteroscope 86 times in his office during fiscal year 2016 and 87 times during fiscal year 2017. The next leading medical provider in Virginia billed Medicaid for six uses of a hysteroscope in the office.
The OBGYN reportedly has been named in at least eight medical malpractice lawsuits in which his patients alleged that the OBGYN falsified medical records in order to justify the need for surgery. The Virginia medical malpractice lawsuits alleged that the OBGYN failed to use less invasive techniques and breached the standard of care, resulting in life-threatening injuries in two patients and irreparable permanent injuries suffered by three other women. One of the Virginia medical malpractice lawsuits claimed that the OBGYN performed up to 30 surgeries per day.
In 1996, the Virginia Board of Medicine revoked the OBGYN’s Virginia medical license after he pleaded guilty in federal court to two felony counts of signing and filing false tax returns. In 1998, the Virginia Board of Medicine placed the OBGYN’s Virginia medical license on indefinite probation. In 1999, the Virginia Board of Medicine returned the OBGYN’s Virginia medical license to full and unrestricted status.
If you or a loved one were seriously harmed as a result of medical negligence by an OBGYN in Virginia or in another U.S. state, you should promptly find a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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