The lawsuits contended Beebe could have prevented future attacks by Bradley if the staff had reported him to Delaware's medical disciplinary board, which licenses and disciplines physicians.
Del. child abuse victims notified of settlement payouts
Cris Barris
The (Wilmington, Del.) News Journal
November 25, 2013
WILMINGTON, Del. -- More than 1,400 victims of former Delaware pediatrician Earl B. Bradley have been sent letters detailing the amount of money they will receive from a $122 million settlement from a class-action lawsuit against Beebe Medical Center, the Medical Society of Delaware and a handful of doctors.
Bruce L. Hudson, a Wilmington, Del., attorney who represented about 150 former patients of the Lewes, Del., doctor who filmed himself raping about 100 children, including babies, and abused hundreds of others, said victims and their families will finally learn how much they will be compensated.
"It's been a long time coming," Hudson said of the case, which began with 17 victims suing in March 2010, a few months after Bradley was charged with multiple counts of rape. "They are finding out for the first time that they are going to be awarded money and how much."
Beebe, which once employed Bradley and cleared him of wrongdoing involving his medical treatment of young girls, was accused along with other defendants of knowing he posed a threat but failing to report him to authorities.
Besides the allegations that occurred while he was employed at Beebe in the mid-1990s, Bradley abused patients at an office in Milford, Del., and also at his Disney-themed BayBees Pediatrics from the late 1990s until his December 2009 arrest.
The settlement money, from which attorney fees are being deducted, is roughly $112 million from Beebe's insurance carriers, $7 million from Beebe and $3 million from the Medical Society and other defendants.
“It's been 14 years and it will be a good thing to able to close this chapter and not talk about it again. ”
— Mother of victim, now 21
Hudson said 1,402 patients filed claims, and all will get some compensation. Victims, almost all of whom are still minors, have been divided into five different categories depending on the degree of abuse a mediator determines they suffered, and all victims in that category will get the same award.
The exact amounts of the awards for those in each category have not been made public. But a source familiar with the case said those in the highest category, entitled, "Clear and Convincing Evidence of Intercourse," will get roughly $400,000 to $500,000.
Those in the lowest category, "Child Was Likely Not Abused," will get a nominal fee of about $1,000 to $2,500. The source was not certain of the exact amounts for each category, but wanted to stress that no victim is getting anywhere near $1 million.
"Of the hundreds of victims, not all were injured equally," Hudson told The (Wilmington, Del.) News Journal last year when the parties were negotiating the settlement. "Some are horrendously scarred. Others have more minor cases. There won't be an equal distribution but there is going to be an equitable distribution."
Victims and their families have until the end of the year to appeal their classification and once those appeals are finalized, attorneys said they expect to distribute the money early in 2014.
The handful of adults who filed claims will receive the money, but awards for minors will be overseen by Chancery Court and guardians assigned to each child. Families wishing to make withdrawals for expenses for health, education or other reasons must get permission from the court, Hudson said.
Bradley, who was convicted in August 2011 of raping or abusing 86 patients whose attacks he videotaped, was sentenced to 14 life terms plus 164 years in prison.
He often used promises of toys or candy or ice cream to convince parents to let him take their children to others parts of his office, which were equipped with video cameras, where he would rape or molest babies and toddlers. The average age of his victims was 3, prosecutors said.
“It's been a long time coming. They are finding out for the first time that they are going to be awarded money and how much.”
— Bruce L. Hudson, attorney representing about 150 former patients
The mother of one victim who was 7 when she said she watched Bradley inappropriately penetrate her during a 1999 exam and screamed at him said she has not yet received her award but is satisfied the case is finally being resolved.
The woman, whose daughter is 21, said she expects her daughter to be in one of the top two categories and receive a six-figure settlement.
"It's been 14 years and it will be a good thing to able to close this chapter and not talk about it again," said the woman, who is not being identified in keeping with The News Journal's policy not to identify victims of sexual abuse.
The money will help pay educational expenses for the daughter, who is in college and considering graduate school and perhaps a down payment on a home. "She won't have to start at the bottom like most kids do when they get out of school," the mother said.
In the lawsuits, patients accused Beebe of negligence and dereliction of duty. Hospital officials investigated Bradley in 1996 after a nurse reported inappropriate vaginal exams -- specifically that he catheterized many of the girls he examined.
The lawsuits contended Beebe could have prevented future attacks by Bradley if the staff had reported him to Delaware's medical disciplinary board, which licenses and disciplines physicians...
Showing posts with label evaluating doctors. Show all posts
Showing posts with label evaluating doctors. Show all posts
Tuesday, November 26, 2013
Thursday, November 14, 2013
Former Quebec doctor in custody on murder warrant in fatal stabbing of his kids
People don't want to believe that some doctors are evil. In fact, just because a doctor is a cardiologist doesn't mean he has a heart.
What was the first judge in this case thinking? How can a blackout that occurred AFTER the killings make a man not criminally responsible??? Is the judge really confused, or did he have some motivation to exonerate a rich, important person?
Former Quebec doctor in custody on murder warrant in fatal stabbing of his kids
By Andy Blatchford
The Canadian Press
November 13, 2013
Former Quebec doctor in custody on murder warrant in fatal stabbing of his kids
MONTREAL - A former Quebec doctor ordered to face a new trial in the fatal stabbings of his children is in custody again.
Police in Quebec say Guy Turcotte surrendered Wednesday just hours after Quebec's top court ordered a new trial in the case.
The Crown said it intended to charge Turcotte, once again, with two counts of first-degree murder.
Police said Turcotte was to be arraigned on Thursday.
Turcotte is the former cardiologist who was charged after his children were repeatedly stabbed one night in February 2009.
He was found not criminally responsible at his 2011 murder trial, when a jury accepted his argument he could not recall the events and had experienced blackouts.
The case made Turcotte a household name in Quebec and the verdict provoked a torrent of outrage.
His case was one of several infamous court decisions that helped spur new federal legislation aimed at making it harder for those found not criminally responsible to gain their freedom.
Turcotte's first trial heard that his young son and daughter were stabbed 46 times.
He was freed after 46 months of detention in a prison and, eventually, a mental institution.
"An arrest warrant was issued today for Guy Turcotte so that he would appear before the courts to answer two charges of premeditated murder," Crown spokesman Jean-Pascal Boucher told reporters.
Boucher said only a Superior Court judge would be authorized to grant any request by Turcotte to be released pending his new trial.
He did not know when the case will be heard, but he insisted prosecutors would work to hold the trial as soon as possible.
The Crown welcomed the decision earlier in the day by Quebec's Court of Appeal with "satisfaction," Boucher said.
The court ruled that legal errors were committed in Turcotte's original trial — including by the Superior Court justice who presided over it.
In the 2011 trial, the jury heard Turcotte drank washer fluid later in the evening of the killings in what he said was an attempt to end his own life. The Crown said a not-criminally-responsible verdict should be reserved only for cases of mental illness, not ones where a suicide attempt might have triggered an after-the-fact blackout.
The appeals court verdict sided with such critics.
"The burden of proof was on the accused to show that he was suffering from an incapacitating mental illness — distinct from the intoxication symptoms — and it was the jury's job to decide," said Wednesday's ruling.
"But the judge did not remind jurors of that distinction."
The appeals court conceded that the judge had a difficult role, and wasn't helped by the fact that the Crown argued its points in a way that was "sometimes confused."
That being said, according to the appeals court, "his instructions (to the jury) were deficient, which necessarily had a major impact on the verdict."
The defence argued during the appeal process that the Crown had plenty of time to raise objections before the jury went into deliberations.
Attorney Pierre Poupart told the court in September that both sides agreed to the parameters of the trial and the Crown knew what was at stake when the not-criminally-responsible defence was introduced.
Poupart argued that the jury came to a reasonable verdict and he stressed it was important for the appeals court to avoid being used as an unofficial 13th juror.
The mother of the two children, Turcotte's ex-wife, told the French-language CBC TV network that she welcomed the appeals court decision to order a new trial as a "necessary evil."
Isabelle Gaston, who has become an outspoken advocate for justice reform, had been bracing herself for the possibility of living through another trial, proceedings that would once again hear the gory details of the killings.
Gaston, who gave the interview before the Crown announced it had issued an arrest warrant for Turcotte, said Wednesday's court decision took her by surprise, at a time when she had finally found inner peace for the first time since the deaths of her young children.
Turcotte's case has already prompted reaction from Ottawa.
Earlier this year, the federal government tabled the Not Criminally Responsible Act. The bill, C-54, would give the court fresh powers to create a new high-risk category that would hold mentally ill offenders longer, without a formal review, and make it far more difficult for them to leave psychiatric facilities.
It would also keep victims' families informed about the status of such individuals and alert them when they are released.
What was the first judge in this case thinking? How can a blackout that occurred AFTER the killings make a man not criminally responsible??? Is the judge really confused, or did he have some motivation to exonerate a rich, important person?
Former Quebec doctor in custody on murder warrant in fatal stabbing of his kids
By Andy Blatchford
The Canadian Press
November 13, 2013
Former Quebec doctor in custody on murder warrant in fatal stabbing of his kids
MONTREAL - A former Quebec doctor ordered to face a new trial in the fatal stabbings of his children is in custody again.
Police in Quebec say Guy Turcotte surrendered Wednesday just hours after Quebec's top court ordered a new trial in the case.
The Crown said it intended to charge Turcotte, once again, with two counts of first-degree murder.
Police said Turcotte was to be arraigned on Thursday.
Turcotte is the former cardiologist who was charged after his children were repeatedly stabbed one night in February 2009.
He was found not criminally responsible at his 2011 murder trial, when a jury accepted his argument he could not recall the events and had experienced blackouts.
The case made Turcotte a household name in Quebec and the verdict provoked a torrent of outrage.
His case was one of several infamous court decisions that helped spur new federal legislation aimed at making it harder for those found not criminally responsible to gain their freedom.
Turcotte's first trial heard that his young son and daughter were stabbed 46 times.
He was freed after 46 months of detention in a prison and, eventually, a mental institution.
"An arrest warrant was issued today for Guy Turcotte so that he would appear before the courts to answer two charges of premeditated murder," Crown spokesman Jean-Pascal Boucher told reporters.
Boucher said only a Superior Court judge would be authorized to grant any request by Turcotte to be released pending his new trial.
He did not know when the case will be heard, but he insisted prosecutors would work to hold the trial as soon as possible.
The Crown welcomed the decision earlier in the day by Quebec's Court of Appeal with "satisfaction," Boucher said.
The court ruled that legal errors were committed in Turcotte's original trial — including by the Superior Court justice who presided over it.
In the 2011 trial, the jury heard Turcotte drank washer fluid later in the evening of the killings in what he said was an attempt to end his own life. The Crown said a not-criminally-responsible verdict should be reserved only for cases of mental illness, not ones where a suicide attempt might have triggered an after-the-fact blackout.
The appeals court verdict sided with such critics.
"The burden of proof was on the accused to show that he was suffering from an incapacitating mental illness — distinct from the intoxication symptoms — and it was the jury's job to decide," said Wednesday's ruling.
"But the judge did not remind jurors of that distinction."
The appeals court conceded that the judge had a difficult role, and wasn't helped by the fact that the Crown argued its points in a way that was "sometimes confused."
That being said, according to the appeals court, "his instructions (to the jury) were deficient, which necessarily had a major impact on the verdict."
The defence argued during the appeal process that the Crown had plenty of time to raise objections before the jury went into deliberations.
Attorney Pierre Poupart told the court in September that both sides agreed to the parameters of the trial and the Crown knew what was at stake when the not-criminally-responsible defence was introduced.
Poupart argued that the jury came to a reasonable verdict and he stressed it was important for the appeals court to avoid being used as an unofficial 13th juror.
The mother of the two children, Turcotte's ex-wife, told the French-language CBC TV network that she welcomed the appeals court decision to order a new trial as a "necessary evil."
Isabelle Gaston, who has become an outspoken advocate for justice reform, had been bracing herself for the possibility of living through another trial, proceedings that would once again hear the gory details of the killings.
Gaston, who gave the interview before the Crown announced it had issued an arrest warrant for Turcotte, said Wednesday's court decision took her by surprise, at a time when she had finally found inner peace for the first time since the deaths of her young children.
Turcotte's case has already prompted reaction from Ottawa.
Earlier this year, the federal government tabled the Not Criminally Responsible Act. The bill, C-54, would give the court fresh powers to create a new high-risk category that would hold mentally ill offenders longer, without a formal review, and make it far more difficult for them to leave psychiatric facilities.
It would also keep victims' families informed about the status of such individuals and alert them when they are released.
Wednesday, October 23, 2013
Kaiser wants the public to know the truth about Kaiser quality. So do I.
Here it is straight from the horse's mouth: Kaiser wants the public to have more information about the quality of medical care provided by Kaiser.
I'm happy to help with this blog. Of course, I agree that Covered California should post ratings of insurers. I'd also like to suggest that the California exchange public Kaiser's treatment guidelines and those of other insurers.
The desire for openness is a big change in attitude for Kaiser, a company that usually wants to keep secrets.
Kaiser faults California’s exchange for lack of quality ratings
Chad Terhune
Los Angeles Times
Oct. 22, 2013
Healthcare giant Kaiser Permanente and two other insurers say California’s insurance exchange is withholding crucial information from consumers by not posting quality ratings alongside health plan rates.
The insurance companies said “there has never been a compelling reason to deny this information to consumers…. On this issue, Covered California has surrendered its ‘pace car’ status.”
Sharp Health Plan in San Diego and Western Health Advantage in Sacramento joined Kaiser in criticizing the state’s position in a letter sent Monday to Covered California, the state health exchange. Some consumer advocates have also urged the state to reconsider, saying any delay rewards lower-performing insurers.
Thousands of people have been shopping for coverage at the state’s website at www.coveredca.com since enrollment opened Oct. 1 under the Affordable Care Act, also known as Obamacare.
Covered California ignited this debate in August when it backed off earlier plans to include insurance company ratings in its online enrollment system.
This came as a surprise because state officials had touted the idea of consumers choosing coverage based on the overall value, combining price and quality measures.
At the time, the exchange said it reversed course because the latest state rankings examine performance from 2011, and they don’t reflect many of the new health plans and provider networks being offered for the first time under the federal healthcare law.
Major insurers such as Blue Shield of California and Health Net Inc. have offered narrower networks for some exchange policies to help lower premiums. In contrast, Kaiser and its full provider network are often more expensive.
State officials have discussed including ratings for some health plans, such as Kaiser, that are using their current network and labeling newer products as “not yet rated.” Covered California’s five-member board is expected to consider the matter at a regularly scheduled meeting Thursday.
In their letter, the three insurers also point out that other state-run exchanges, such as those in Colorado, Maryland and Oregon, are displaying quality data prominently on their websites. Colorado’s website even sorts a consumer’s options by quality, rather than just price.
“The leadership of these three state exchanges faced a choice, as California’s does now – and they chose to put consumers first,” the insurers said.
I'm happy to help with this blog. Of course, I agree that Covered California should post ratings of insurers. I'd also like to suggest that the California exchange public Kaiser's treatment guidelines and those of other insurers.
The desire for openness is a big change in attitude for Kaiser, a company that usually wants to keep secrets.
Kaiser faults California’s exchange for lack of quality ratings
Chad Terhune
Los Angeles Times
Oct. 22, 2013
Healthcare giant Kaiser Permanente and two other insurers say California’s insurance exchange is withholding crucial information from consumers by not posting quality ratings alongside health plan rates.
The insurance companies said “there has never been a compelling reason to deny this information to consumers…. On this issue, Covered California has surrendered its ‘pace car’ status.”
Sharp Health Plan in San Diego and Western Health Advantage in Sacramento joined Kaiser in criticizing the state’s position in a letter sent Monday to Covered California, the state health exchange. Some consumer advocates have also urged the state to reconsider, saying any delay rewards lower-performing insurers.
Thousands of people have been shopping for coverage at the state’s website at www.coveredca.com since enrollment opened Oct. 1 under the Affordable Care Act, also known as Obamacare.
Covered California ignited this debate in August when it backed off earlier plans to include insurance company ratings in its online enrollment system.
This came as a surprise because state officials had touted the idea of consumers choosing coverage based on the overall value, combining price and quality measures.
At the time, the exchange said it reversed course because the latest state rankings examine performance from 2011, and they don’t reflect many of the new health plans and provider networks being offered for the first time under the federal healthcare law.
Major insurers such as Blue Shield of California and Health Net Inc. have offered narrower networks for some exchange policies to help lower premiums. In contrast, Kaiser and its full provider network are often more expensive.
State officials have discussed including ratings for some health plans, such as Kaiser, that are using their current network and labeling newer products as “not yet rated.” Covered California’s five-member board is expected to consider the matter at a regularly scheduled meeting Thursday.
In their letter, the three insurers also point out that other state-run exchanges, such as those in Colorado, Maryland and Oregon, are displaying quality data prominently on their websites. Colorado’s website even sorts a consumer’s options by quality, rather than just price.
“The leadership of these three state exchanges faced a choice, as California’s does now – and they chose to put consumers first,” the insurers said.
Monday, August 12, 2013
Doctor falsely diagnoses patients with cancer so he can give treatment, collect Medicare
Michigan doctor arrested for purposely misdiagnosing cancer
by Jen Hayden
Daily Kos
Aug 07, 2013
Greed knows no bounds. It pushes people to do unspeakable things. For Dr. Farid Fata, a Michigan oncologist, there were no limits:
Dr. Farid Fata, 48, of Oakland Township was arrested Tuesday and charged for allegedly submitting false claims to Medicare for services that were medically unnecessary, including chemotherapy treatments, Positron Emission Tomograph (PET) scans and a variety of cancer and hematology treatments for patients who did not need them. Dr. Fata owns and operates Michigan Hematology Oncology Centers (MHO) which has offices in Clarkston, Bloomfield Hills, Lapeer, Sterling Heights, Troy and Oak Park.
Dr. Fata was scamming Medicare to the tune of $35 million.
In the course of the scheme, prosecutors say Dr. Fata falsified and directed others to falsify documents. MHO billed Medicare for approximately $35 million dollars over a two-year period, approximately $25 of which is attributable to Dr. Fata, federal officials said.
The complaint further alleges that Dr. Fata directed the administration of unnecessary chemotherapy to patients in remission; deliberate misdiagnosis of patients as having cancer to justify unnecessary cancer treatment; administration of chemotherapy to end-of-life patients who will not benefit from the treatment; deliberate misdiagnosis of patients without cancer to justify expensive testing; fabrication of other diagnoses such as anemia and fatigue to justify unnecessary hematology treatments, and distribution of controlled substances to patients without medical necessity or are administered at dangerous levels.
Dr. Fata was prescribing painful and unnecessary treatments to patients:
The feds say he also deliberately misdiagnosed patients “as having cancer to justify unnecessary cancer treatment,” WXYZ reported.
Federal agents say Fata directed the “administration of chemotherapy to end-of-life patients who [would] not benefit from the treatment,” and deliberately misdiagnosed “patients without cancer to justify expensive testing.”
Thankfully, Dr. Fata isn't likely to get out of jail any time soon:
Dr. Fata faced a federal magistrate Tuesday afternoon. Assistant U. S. Attorneys assigned to the case argued Fata is a flight risk because he has access to about $14 million in liquid assets and a home in Lebanon. The magistrate is temporarily detaining Fata until another hearing can be held on Thursday. He faces up to 20 years behind bars if he’s convicted.
Twenty years? Not long enough. Not nearly long enough.
by Jen Hayden
Daily Kos
Aug 07, 2013
Greed knows no bounds. It pushes people to do unspeakable things. For Dr. Farid Fata, a Michigan oncologist, there were no limits:
Dr. Farid Fata, 48, of Oakland Township was arrested Tuesday and charged for allegedly submitting false claims to Medicare for services that were medically unnecessary, including chemotherapy treatments, Positron Emission Tomograph (PET) scans and a variety of cancer and hematology treatments for patients who did not need them. Dr. Fata owns and operates Michigan Hematology Oncology Centers (MHO) which has offices in Clarkston, Bloomfield Hills, Lapeer, Sterling Heights, Troy and Oak Park.
Dr. Fata was scamming Medicare to the tune of $35 million.
In the course of the scheme, prosecutors say Dr. Fata falsified and directed others to falsify documents. MHO billed Medicare for approximately $35 million dollars over a two-year period, approximately $25 of which is attributable to Dr. Fata, federal officials said.
The complaint further alleges that Dr. Fata directed the administration of unnecessary chemotherapy to patients in remission; deliberate misdiagnosis of patients as having cancer to justify unnecessary cancer treatment; administration of chemotherapy to end-of-life patients who will not benefit from the treatment; deliberate misdiagnosis of patients without cancer to justify expensive testing; fabrication of other diagnoses such as anemia and fatigue to justify unnecessary hematology treatments, and distribution of controlled substances to patients without medical necessity or are administered at dangerous levels.
Dr. Fata was prescribing painful and unnecessary treatments to patients:
The feds say he also deliberately misdiagnosed patients “as having cancer to justify unnecessary cancer treatment,” WXYZ reported.
Federal agents say Fata directed the “administration of chemotherapy to end-of-life patients who [would] not benefit from the treatment,” and deliberately misdiagnosed “patients without cancer to justify expensive testing.”
Thankfully, Dr. Fata isn't likely to get out of jail any time soon:
Dr. Fata faced a federal magistrate Tuesday afternoon. Assistant U. S. Attorneys assigned to the case argued Fata is a flight risk because he has access to about $14 million in liquid assets and a home in Lebanon. The magistrate is temporarily detaining Fata until another hearing can be held on Thursday. He faces up to 20 years behind bars if he’s convicted.
Twenty years? Not long enough. Not nearly long enough.
Wednesday, January 30, 2013
Patient who commented on Internet wins in Minnesota Supreme Court against doctor who sued him for defamation
Mr. Laurion wins, Dr. McKee loses.
The Minnesota Supreme Court agrees with Mr. Laurion that patients have a right to report on the Internet their observations regarding the behavior of doctors. Patients also have the right to report their opinions to medical groups. I don't know what country Dr. McKee thought he was living in. I believe Dr. McKee proved that he has a bad attitude by hounding Mr. Laurion.
See post: Can you tag your doctor a 'tool' online?
See Doctors Silencing Patients on Thank Heaven for Insurance Companies blog.
Read the decision HERE.
The Minnesota Supreme Court agrees with Mr. Laurion that patients have a right to report on the Internet their observations regarding the behavior of doctors. Patients also have the right to report their opinions to medical groups. I don't know what country Dr. McKee thought he was living in. I believe Dr. McKee proved that he has a bad attitude by hounding Mr. Laurion.
See post: Can you tag your doctor a 'tool' online?
See Doctors Silencing Patients on Thank Heaven for Insurance Companies blog.
Read the decision HERE.
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