Initial here if you know who takes heat in doctor-lawyer malpractice case
This is just speculation, but it looks as if federal prosecutors probing the alleged conspiracy between certain local doctors and lawyers to rip off medical malpractice clients are more interested in nailing lawyers than doctors.
I say this because once again, another superseding indictment has been returned against Las Vegas attorney Noel Gage and Howard Awand, the supposed hub of the conspiracy … and once again the doctors are identified by initials in that document.
We already know that Dr. V is Benjamin Venger, a neurosurgeon. And Dr. T is John Thalgott, an orthopedic surgeon.
Since June, we’ve known Venger and Thalgott are cooperating with the government.
Dr. K is Mark Kabins, also an orthopedic surgeon and former partner of Thalgott. Kabins’ attorney, David Chesnoff, stands firm that the doctor did nothing wrong.
So why not name these guys in the indictments? Kabins and Thalgott are clearly named in the government’s disclosure of expert witnesses. The government’s experts will say Kabins and Thalgott committed malpractice in their treatment of teacher Melodie Simon, who is now paralyzed, and should have been sued for malpractice, but Gage protected them as part of the conspiracy.
Defense experts will say there was no malpractice.
Federal prosecutors say Venger the neurosurgeon was paid hundreds of thousands to tip Awand about Carlos Pachas, who went into a hospital with a kidney stone and left brain dead. Venger told Awand, who sent the case to Gage.
In the latest indictment filed Thursday, the government wants to present evidence in the February trial about eight more malpractice cases. The client/victims are all identified with first names and last name initials by the government, but most were identified by name in a previous court document by Tom Pitaro, Gage’s attorney.
The additional victims of the conspiracy are Peggy Lopez, Randi Debourg, Cathy Perry, Eric Davis, Claire Michels, Gabrielle Knight, Wendy Alfaro, and a couple identified as Gerald and Nancy B.
Pitaro contends Gage has no connection to at least three cases, those of Lopez, Debourg and Davis.
Pitaro argued the additional cases prejudice Gage, who wants a speedy trial. By adding eight more malpractice cases, the already complex case becomes far more complex for the attorneys … and for the jurors.
U.S. District Judge Justin Quackenbush will hold a hearing Friday, a month before the trial, to help him decide whether to allow the additional accusations in the trial. (Another guess: He’ll restrict the government’s efforts.)
The new 22-count indictment alleges Awand, who will be tried separately from Gage, recruited a network of doctors and lawyers who worked secretly together to cheat and deceive their clients and enrich themselves. The doctors referred cases to Awand’s stable of attorneys and agreed to be paid through medical liens rather than insurance. Awand bought the liens at a discount, but the medical malpractice clients paid the full amount, unaware Awand owned the liens.
The most horrifying claim is that Awand recommended medical treatments to bump up the amount of potential settlements and judgments. Awand also prepped doctors, who lied on the stand and in depositions, the indictment said. Another benefit to being on Awand’s side: Doctors who committed malpractice didn’t get sued.
Those are just a few of the claims.
Let’s get back to why the doctors are identified by initials.
Former federal prosecutor Stan Hunterton, now a defense attorney, did some speculating: “They could be cooperating witnesses.”
He’s seen documents using initials before to protect someone’s identity, “but I’ve never seen it to this extent. My speculation would be they’ve reached some kind of understanding with the doctors,” he said.
The government won’t prosecute the doctors and they won’t be identified until trial. And if people plead out and there is no trial, the doctors won’t ever be identified in court documents.
“They may want to focus on the fraud on the client by the lawyer,” Hunterton said.
Meanwhile, Gage’s insistence on a speedy trial may speed up disciplinary actions by the Board of Medical Examiners against doctors who took kickbacks, lied under oath and made deals to avoid being sued for malpractice.
Many doctors I speak to are delighted about this investigation. The many good doctors out there want the unethical ones exposed, even those who will never be criminally charged.
Jane Ann Morrison’s column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.