While justice is delayed and, therefore, denied to patients in Ohio who were allegedly harmed by the Pakistani fugitive spine surgeon, Atiq Durrani, M.D., the government is getting its justice as the hospital where Durrani plied his mayhem, has agreed to pay $4.1 million to settle allegations that the hospital violated the False Claims Act for billing Medicare and Medicaid for medically unnecessary spine surgeries.
The government announced the settlement on October 9, 2015 after a whistleblower’s suit by patients which claimed West Chester Hospital in Cincinnati knew Durrani was performing unnecessary surgeries.
Durrani jumped bail and hightailed it on the eve of his federal corruption trial at the end of 2013. Patients were left holding the bag as the question of “Where’s Atiq?” was left unanswered. We found him and wrote about his practice in Pakistan.
The settlement gets the hospital and its parent company, UC Health, where Durrani had admitting privileges, off the prosecution hook.
Ohio Medicare Billing Champ
While in Ohio, Durrani billed Medicare over $11 million in a little under three years, or about $300, 000 per month, making him the biggest orthopedic Medicare biller in the state. In addition to the federal corruption charges, Durrani is also being sued by more than 500 former patients led by a now-unlicensed attorney named Eric “The Bulldog” Deters. Deters called Durrani the “Butcher of Pakistan.”
Durrani has denied all the charges, including the government’s claims that his patients suffered “serious bodily injury” as a result of the unnecessary surgeries. He told a reporter that he is a uniquely skilled spine surgeon with more extensive training than most.
“I am more trained in a dedicated way than probably anybody—not even in this area, but if you look at nationally—I’m one of few people who have received formal training in almost every aspect of spine—from infantile spine all the way to the adult spine. I take on the most complex cases that no one else will touch, ” said Durrani.
What About the Patients?
The hospital is still being sued by the patients.
Their lawsuits involve the use of specific and unapproved treatments. The plaintiffs are asking the court to hold the members of the board and executives at UC Health and West Chester Hospital responsible for Durrani’s actions.
The patients allege that each board member is individually liable for their “intentional shirking of their responsibility to protect the public and patients from Dr. Durrani.”
One suit claims the hospital failed to initiate peer review of Durrani, “despite more than 500 triggers for review being recorded; let Durrani perform more than 30 surgeries while suspended; allowed Durrani to perform multiple surgeries at the same time; knew that another doctor was performing surgeries that Durrani was supposed to; knew Durrani lied about diagnoses; allowed Durrani to turn in dictation about surgeries late; and should have refused to hire Durrani after learning about his privileges being terminated and/or refused at other local hospitals, including Christ Hospital, Children’s Hospital, Good Samaritan Hospital, Deaconess Hospital and St. Elizabeth Hospital.”
The patients say that the board, management, staff, employees, nurses, technicians and representatives aided and abetted Durrani’s malpractice “in the same manner as an accessory drives the getaway car or an accomplice holds the bank door.”
The government has received its justice. Perhaps the patients will be next.
