Running Head: GROSS MEDICAL MALPRACTICE

Amanda Bryant
Medical Law: LDR 650
Fourteen Laws you need to Know: Insiders Guide to Preventing Gross Medical Malpractice
December 13, 2016

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Fourteen Laws you need to Know: Insiders Guide to Preventing Gross Medical Malpractice
Introduction
Negligent behavior has legal repercussions in healthcare that can be solved by reviewing
and enhancing current law. Physicians should take full responsibility for their oath after medical
school. Fata was someone who admittedly committed the ultimate crime; medical malpractice.
This white paper discusses laws related to medical malpractice. If you find it difficult to identify
medical malpractice efficiently, a new class of laws may be the solution you are looking for. It is
important to work with a lawyer or attorney that has an established client base. Gross medical
malpractice issues should matter to anyone who is a cancer patient or is the caregiver of a cancer
patient. According to Bonezzi et al. (2016) medical malpractice dates back to 1374 when Stratton
v. Swanlond was decided. This white paper will also discuss why speaking up is important and
how to address malpractice concerns. Medical malpractice cases are important because patients
suffer tremendously. Negligent behavior has legal repercussions in healthcare that can be solved
by reviewing and enhancing current law. Physicians should take full responsibility for their oath
after medical school. Fata was someone who admittedly committed the ultimate crime; medical
malpractice.
Medical professionals should not feel uncomfortable when there is a medical malpractice
issue in office. Sources utilized to render opinion include case in court April 11, 2016, case
decided August 31, 2016, and various news sources. Paper will analyze cases drawing
conclusions to the various reasons why it is important to seek help when faced with a medical
malpractice issue.
Analysis

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Negligent behavior has legal repercussions in healthcare that can be solved by reviewing
and enhancing current law. Physicians should take full responsibility for their oath after medical
school. Fata was someone who admittedly committed the ultimate crime; medical malpractice.
Families and patients have to experience anguish, hardship, and pain. There is no amount of
money or no amount of time a physician can spend in jail that will bring back a loved one.
Cancer patients eventually have suppressed immune systems. According to Effron (2015) an
office manager for Dr. Farid Fata, the Michigan oncologist convicted of
misdiagnosing hundreds of patients to defraud insurance companies, revealed
details of how staffers helped expose the doctors crimes (p. 1). According to

Showalter (2015) healthcare is not one of the unalienable rights referred to in the Declaration of
Independence (p. 57). In a pre-sentencing memo, prosecutors say 553 people allegedly got
unnecessary treatment from Fata amounting to 9,000 injections or infusions that cost
insurance companies and patients millions; some of the patients weren't even sick (Schecter and
Connor, 2015).
Discussion
According to Effron (2015) when Fata gave her the diagnosis, Flagg said he reassured
her that they had caught the cancer early but that she would need a lifetime maintenance dose of
chemotherapy (p. 1). Negligent behavior has legal repercussions in healthcare that can be
solved by reviewing and enhancing current law. Physicians should take full responsibility for
their oath after medical school. Fata was someone who admittedly committed the ultimate crime;
medical malpractice.

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Per Effron (2015) Fata was a trusted oncologist in the community. He was trained at
Memorial Sloan-Kettering in New York and founded Michigan Hematology and Oncology, Inc.,
the state's largest private cancer practice at the time of his arrest (p. 1). According to
Clickondetroit (2014) Fata read aloud the charges he plead guilty to during a court hearing on
September 9, 2016. Fata admitted to administering unnecessary anti-cancer drugs and filing
claims to Medicare he knew to be fraudulent (p. 1). Schecter and Connor (2015) state Fata
billed patients an insurance companies $91 million and prosecutors are asking that Fata receive
175 years in prison. United States v. Fata (In re Korff) (2016) state on May 27, 2016, Petitioner
Tracy Korff, Personal Representative of the Estate of John Korff, filed this action individually
and on behalf of 43 individuals involved in civil litigation in the Oakland County Circuit Court,
State of Michigan, against Farid Fata and Crittenton Hospital Medical Center, McLaren Health
Corporation and Trinity Health-Michigan. Tracey Korff is an Interested Party.
According to Effron (2015) George Karadsheh of Crittenton Caner Center asked
questions after he noticed staff was leaving the practice. The staff told Karadsheh he was leaving
because fata was administering chemotherapy to patients who didnt need it. However in 2013,
Karadsheh spoke to the United States Department of Justice. According to Effron (2015) at least
553 victims had been identified, with Fata often prescribing treatments for cancer they didnt
have (p. 1). According to United States of America vs. Farid Fata (2016) Defendant
Dr. Farid Fata was convicted of Health Care Fraud. According to United States v. Fata (In re
Korff) (2016) on Fata stipulated to a Preliminary Order of Forfeiture that was entered by the
Court on July 9, 2015. July 10, 2015, Fata was sentenced to 45 years' imprisonment (p. 5). On
July 30, 2015, March 10, 2016, and March 28, 2016, hearings were held to determine which

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patients (former and current) should receive restitution and how much each patient should
receive.
United States v. Fata (In re Korff) (2016) state the Petition is filed by Korff is pursuant
to 18 U.S.C. 3771(d)(3), the Crimes Victims' Rights Statute ("the CVRA"), and seeks to
avoid potential claims for reimbursement by Medicare and other health providers in relation to
Petitioners' state court settlements against Fata and several other tortfeasors. On July 1, 2016,
the government filed a response and motion to dismiss the Petition. (ECF No. 4.) The
Petitioners filed a response to the motion to dismiss (ECF No. 6) and the government filed a
reply (ECF No. 9). On August 11, 2016, the Court permitted Petitioners to file a supplemental
brief. (ECF No. 12.) April 11, 2016, three different categories of restitution will be available
to Fata patient-victims. The Court held a hearing on Friday, August 19, 2016 and heard
extensive argument from both the Petitioners and the government.
According to Clickondetroit (2014) Fata faced a long list of charges, including health
care fraud, money laundering and naturalization fraud. He also faces a list of civil lawsuits (p.
1). Fata stipulated to a Preliminary Order of Forfeiture that was entered by the Court on July 9,
2015, pursuant to which Fata agreed to forfeit his rights to certain property and further agreed to
a money judgment of $17,601,233.00 (United States v. Fata [In re Korff], 2016). Presently, the
restitution fund stands at approximately $12 million after liquidation and a 10% payment to a
whistleblower (United States v. Fata [In re Korff] (2016). Crimes Victims' Rights Statute ("the
CVRA"), and seeks to avoid potential claims for reimbursement by Medicare and other health
providers in relation to Petitioners' state court settlements against Fata and several other
tortfeasors (United States v. Fata [In re Korff], 2016). Federal courts derive their jurisdictional
power to hear cases and controversies from Article III of the Federal Constitution. It is axiomatic

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that a court must have subject matter jurisdiction over a controversy before it can render any
decision on the merits (United States v. Fata [In re Korff], 2016). According to in this Court's
Restitution Order, areas of restitution were not included in the plan due to the delay and expense
that would be involved in determining the cause and amount of each victim's loss (United States
v. Fata [In re Korff], 2016).
United States of America vs. Farid Fata (2016) states Pursuant to the Mandatory Victim
Restitution Act of 1996 (MVRA), a United States District Court shall order that a defendant
make restitution to the victim(s) of certain offenses, including offenses involving fraud or deceit.
According to United States v. Fata (In re Korff) (2016) the government argues that regardless of
how Petitioners choose to characterize their claim, in essence they seek to avoid their legal
obligations under the Medicare Secondary Payer ("MSP") provisions of the Social Security
Act, 42 U.S.C. 1395y(b), to reimburse Medicare for medical expenses that Medicare has paid
on their behalf. "Petitioners assert claims of medical malpractice arising out of Fata's admitted
malfeasance in treating patients, conduct that is the subject of a criminal health care fraud
proceeding against Fata in a separate action in this Court (United States v. Fata [In re Korff],
2016). In the Fata criminal proceeding, Fata, without benefit of a plea agreement, pleaded guilty
to 13 counts of health care fraud, one count of conspiracy to pay and receive kickbacks, and two
counts of money laundering (United States v. Fata [In re Korff], 2016).
According to United States v. Fata (In re Korff) (2016) the Court, after holding three days
of post-sentencing public hearings on the restitution issue, established an initial plan of
restitution that provides for notice to all patient victims and establishes a process for the filing of
claims by those victims. Petitioners acknowledge that this Court's Restitution Order allowing

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restitution only for non-reimbursed expenses "clearly prohibits Petitioner [Korff] from seeking
restitution for monies that she is required to pay to satisfy the liens of Medicare, Medicaid or
Blue Cross Blue Shield in the civil case." (Petition 3.) Petitioners assert that precluding
restitution for these amounts victimizes the Petitioners and violates their rights as crime victims
under the CVRA to receive full restitution and to be treated with respect and dignity.
Fata stipulated to a Preliminary Order of Forfeiture that was entered by the Court on July
9, 2015, pursuant to which Fata agreed to forfeit his rights to certain property and further agreed
to a money judgment of $17,601,233.00, "representing the amount of gross proceeds obtained as
a result of [his] health care fraud violations as alleged in the Fourth Superseding Indictment."
Three different categories of restitution will be available to Fata patient-victims: (1) all nonreimbursed, out-of-pocket medical expenses paid by any former patient for medical services
provided by Fata or at his direction; (2) all non-reimbursed, out-of-pocket medical expenses for
remedial measures that were incurred as a result of any inappropriate or unnecessary treatments
ordered or provided by Fata; and (3) all non-reimbursed, out-of-pocket expenses for
psychological and psychiatric mental health treatment and medications.
Conclusion
According to Effron (2015) Fata, 50, was sentenced to 45 years in federal prison after
pleading guilty last year to fraud, money laundering and conspiracy charges. When asked if he
feels like a hero, Karadsheh said the patients are the real heroes. They had to endure incredible,
horrific treatments that left them incapable of having normal lives and some actually did not
recover, he said. On Aug 6, 2013, FBI agents arrested Fata and stormed the Crittenton Cancer
Center.

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According to United States v. Fata (In re Korff) (2016) the government does not cite
any particular statute or court rule under which it moves to dismiss, but its claim that
Petitioners failed to exhaust their administrative remedies with respect to their Medicare liens
and that therefore the Court lacks subject matter jurisdiction over Petitioners' claim
presumably is asserted under Federal Rule of Civil Procedure 12(b)(1). Because (1) the Court
lacks subject matter jurisdiction over Petitioners' claims that arise under the MSP, and (2)
Petitioners have failed to demonstrate a violation of their rights under the CVRA, the
government's motion to dismiss the Petition is granted and the Petition is dismissed.

Difficult for patients to tell the difference as chemo also causes patients to feel ill. Fata is
speaking for other physicians who have committed crimes of this nature. According to United
States v. Fata (In re Korff) (2016) as part of a sentencing stipulation, Fata admitted that he had
administered unnecessary medical treatments and testing, including dangerous chemotherapy and
other chemical infusions, to at least 553 patients. This is a complicated and horrific criminal case
with over 550 identified victims. The Court has invested significant time, held multiple public
hearings and considered a multitude of competing factors in fashioning what it believes is a fair
and equitable restitution plan that puts Fata's patient victims first in line to receive full restitution
for their actual non-reimbursed, out-of-pocket medical expenses.

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References
Clickondetroit. (2014). Michigan cancer doctor Farid Fata pleads guilty to 16 counts. Retrieved
from http://www.clickondetroit.com/news/michigan-cancer-doctor-farid-fata-pleadsguilty-to-16-counts_20151201033528331
Effron, L. (2015). How Whistle-Blower Helped Expose Michigan Cancer Doctor Who
Mistreated Patients. Retrieved from http://abcnews.go.com/Health/whistle-blowerhelped-expose-michigan-cancer-doctor-mistreated/story?id=32369291
Schecter,, A. & Connor, T. (2015). Victims Face Down Dr. Farid Fata in Cancer-Fraud Case.
Retrieved from http://www.nbcnews.com/health/cancer/victims-face-down-dr-farid-fatacancer-fraud-case-n387666
Showalter, J. S. (2015). The law of healthcare administration. Chicago, IL: Health
Administration Press.
United States of America v. Farid Fata. (2016). Order establishing restitution plan and review of
claims for restitution. Retrieved from
United States v. Fata (In re Korff). (2016). In re Petition of Tracy Korff, et al., In the matter of:
UNITED STATES OF AMERICA, Plaintiff, v. FARID FATA, Defendant. Case No. 16cv-12984,Criminal Case No. 13-cr-20600. Retrieved from
http://www.lexisnexis.com.ezproxy.sienaheights.edu:2048/lnacui2api/api/version1/getDo
cCui?lni=5KKM-2TY1-F04D-

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United States of America v. Farid Fata. (2016). Order establishing restitution plan and review of
claims for restitution. Retrieved from https://scholar.google.com/scholar?
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