Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.
Medicare paid a Pennsylanvia hospital $6.15 million in the 2003 to treat some of the Erie hospital’s oldest, sickest patients. Now the hospital will pay $1.9M to settle a whistle-blower lawsuit that claimed the hospital submitted Medicare claims that exceeded its actual costs.
Seven hospitals have reached settlements in connection with the lawsuit, filed in 2005 by an independent hospital consultant from New Jersey. Saint Vincent is the only hospital in this region named in the suit.
Diabetic supply maker Bayer Healthcare, a unit of Bayer AG, has agreed to pay $97.5 M to settle claims that it paid kickbacks to several diabetic suppliers and caused them to submit false Medicare claims, according to the U.S. Justice Department.
Bayer agreed to enter into a corporate integrity agreement — which allows companies to continue in the federal Medicare program while requiring steps to safeguard against fraudulent behavior — as part of the settlement, the department said.
A panel of the Texas Medical Board has temporarily suspended the license of Eli T. Anderson, M.D., license #E6214, of Houston , after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.
The action was based on evidence the board received that Dr. Anderson tested positive for a cocaine metabolite in June, 2008, while undergoing drug testing required as a condition of his placement on five years deferred adjudication probation for possession of cocaine, a third degree felony, in Clay County, Texas, in June, 2005. In 2007, Dr. Anderson was again arrested in Lubbock for possession of drug paraphernalia. In addition, at the Board’s temporary suspension hearing, Dr. Anderson admitted on the judicial record that he had used cocaine since 2002, and that he had used cocaine as recently as November, 2008.
A panel of the Texas Medical Board suspended the license of Harold Clay Henderson, M.D., of Dallas, license number G3937, after determining that Dr. Henderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.
The temporary suspension hearing took place Monday, October 27, under the Board’s authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician’s license without notice when it determines the physician’s continuation in practice would constitute a continuing threat to the public welfare. The suspension is effective immediately.
The action was based on the panel’s finding of Dr. Henderson’s inability to safely practice medicine due to intemperate use of drugs or alcohol, or mental or physical disability. The panel also found that Dr. Henderson had aided and abetted the unlicensed practice of medicine by employing a physician in his office whose licensed was suspended.
The Texas Medical Board has named Alan T. Moore, M.D., as interim medical director of the agency.
Dr. Moore graduated with honors from the University of Texas at Austin and received his medical degree from the U.T. Southwestern Medical School, where he was a member of Alpha Omega Alpha Honor Society. He completed his anatomic and clinical pathology residency at Parkland Memorial Hospital in Dallas, where he served as chief resident during his fourth year. He also completed a hematopathology fellowship at Parkland.
Dr. Moore is board certified in anatomic pathology, clinical pathology and hematopathology. He has practiced in Austin for more than 20 years and has served as president of Clinical Pathology Associates as well as on the board of Clinical Pathology Laboratories; medical director of Seton Medical Center Laboratory; chief of Staff at Seton Medical Center; and president of the Texas Society of Pathologists. He has also served as the transplant pathologist for the Seton Medical Center Cardiac Transplant Program.
GlaxoSmithKline PLC agreed to pay $40 million to settle claims in a class-action lawsuit that it improperly marketed the antidepressant Paxil for use in children. The suit claimed Glaxo had withheld information that the drug was neither safe nor effective in this age group.
The money will be used to reimburse health plans that paid for Paxil use by children younger than 18. During litigation, Glaxo claimed that Paxil was safe and effective, and denied promoting it for children and concealing information. Glaxo denies any wrongdoing or liability.
Other health plans are suing drug makers on similar grounds, alleging they withheld information that led the health plans to unnecessarily pay for drugs. The Paxil case is the first time a drug company has agreed to pay a settlement in such a case.
At its October 9-10 meeting, the Texas Medical Board took disciplinary action against 34 licensed physicians.
The actions included three violations based on quality of care; two actions based on unprofessional conduct; one action based on violation of probation or prior order; one action that terminated a prior suspension; two actions based on other states’ actions; one action based on inadequate medical records violations; two actions based on impairment due to alcohol or drugs or mental/physical condition; five actions based on non-therapeutic prescribing; two actions based on failure to properly supervise or delegate; two actions based on criminal convictions; three voluntary surrenders; and 10 licensees agreed to enter into administrative orders with the Board for minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed individuals.
At its October 9-10 meeting, the Texas Medical Board issued 276 physician licenses.
Texas Supreme Court earlier in September, declined to hear a case on whether or not medical malpractice damage caps violate state constitutional rights.
Attorneys for the hospital industry and the Texas Medical Association (TMA) had appealed the issue directly to the Supreme Court, bypassing the court of appeals. The attorneys claim when the Legislature in 2003 approved caps on non-economic damages, it allowed such direct appeals on constitutional questions.
The patient in the district court case had contended that the $250,000 cap violated constitutional provisions such as the right to due process, equal protection and jury trials.
Medical peer review is an essential component of quality patient care. The Federal Health Care Quality Improvement Act (HCQIA) of 1986 was promulgated by Congress to grant confidentiality and immunity from liability to those who conduct reviews in good faith.
All States, recognize a privilege that generally protects information generated during the review process from discovery during unrelated litigation, such as medical liability cases.
A panel of the Texas Medical Board suspended the license of Nancy Louise Anderson, M.D., license number F7350, after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.
The action was based on the panel’s findings of violations of a 2008 Mediated Agreed Order, which required, among other provisions, that Dr. Anderson submit to random alcohol and drug screenings to ensure abstinence; participate in Alcoholics Anonymous programs and activities; obtain an independent medical evaluation within a prescribed time period; and cooperate with Board staff. The immediate suspension of Dr. Anderson’s license was based on her violations of the 2008 order by failing to submit to alcohol and drug screenings, failing to attend AA meetings, failing to obtain the medical examination, and failing to cooperate with the Board.
The action took place on Friday, September 26. The length of an automatic suspension is indefinite and it remains in effect until the board takes further action.
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