New York Malpractice & Injury Lawyer Blog
It seems hard to believe that any doctor could be allowed to make the same malpractice mistake over and over again. However, that is exactly what one doctor is facing now that nearly 300 people have accused the cardiologist with implantation of pacemakers or defibrillators when they were medically unnecessary.
Hundreds of claims are being filed against Dr. Arvind Gandhi and other practitioners at Cardiology Associates of Northwest Indiana. It could take the courts years to unwind the charges and it may change the amount of monies that are paid to the Indiana Patient’s Compensation Fund that covers malpractice claims beyond the insurance that doctors already have in place. The fund covers anything above and beyond the initial $250,000 and up to the statutory cap in place of $1.25.
On December 8th, a Lake Superior Court rendered a ruling against Dr. Gandhi, awarding plaintiff Shannon Greer $450,000 in connection to the death of husband, Ken Greer, who died after the doctor treated him for an infected pacemaker.
An additional two malpractice cases against Gandhi have cleared medical review panels that found medical malpractice in each. The cases are due to go to trial early next year. An additional 170 cases that name Gandhi, and in some instances, also Gandhi’s associates have been submitted for review to medical review panels. Also named as a defendant in a large majority of the cases is Community Hospital in Munster, Indiana.
Attorney Barry Rooth of Merrillville firm, Theordoros & Rooth P.C. said in a statement, “We believe we have ample evidence to show Community Hospital was acting in concert with the doctors, and that the hospital was putting profits ahead of patient safety by allowing doctors to do things they were not qualified to do.” Rooth’s firms are now representing more than 290 plaintiffs.
Legal counsel for Dr. Gandhi and the hospital deny the malpractice allegations or that Community improperly permitted doctors to perform procedures. Attorneys at Eichhorn & Eichhorn LLP in Hammond represent Gandhi’s insurer and declined to comment on the Greer verdict or whether it would be appealed. Dr. Gandhi retired from practice last year.
Records show that Dr. Gandhi has been under investigation since 2008 when a former nurse and doctor both filed a whislteblower suit that alleged unnecessary implants of pacemakers and defibrillators as well as violations of the False Claims Act and Medicare Fraud. The federal investigation concluded with a settlement and no findings against the hospital.
So far the cases that have been brought date back as far as 2004. Each of these cases will have to go through independent medical review. In the two aforementioned cases that have been reviewed, the panels found that the hospital had not breached the standard of care.
Medical malpractice or medical negligence cases are often the most complex and technical of all personal injury lawsuits. The legal representatives for health care providers have strong financial backing and insurance companies are very skilled at what they do. In such cases having experienced and competent that will fight for the rights of the patient is vital for success.
At Bottar Law PLLC, our attorneys who specialize in medical malpractice have years of experience and expertise representing patients and their loved ones. If you or a loved one has suffered as a result of medical malpractice or negligence, contact us today. You may be entitled to compensation for your medical bills, continuing therapies, loss of income, as well as pain and suffering or wrongful death. Contact us today to schedule a free, in-depth consultation and evaluation of your case.