- Mostly clear
CINCINNATI - More than 120 patients of spine surgeon Dr. Atiq Durrani are suing Children’s Hospital claiming it covered up his “incompetence and negligence,” failed to report that he had been fired or resigned in lieu of firing, and paid for settling a lawsuit against him.
“Children’s Hospital failed to do their duty to protect the public from Dr. Durrani,” attorney Eric Deters, who filed the lawsuit, said in a statement. Deters previously filed more than 160 lawsuits against Durrani claiming he performed unnecessary surgeries. Durrani is also facing federal charges of health care fraud.
Deters’ suit against Children's accuses the hospital of negligence and fraud. It says the plaintiffs had surgery from Durrani at West Chester Hospital UC Health or Journey Lite after Durrani had left Children’s in 2008. It alleges that Children’s withheld “truthful and accurate information” about Durrani and the plaintiffs never would have accepted Durrani’s treatment if they had known his history.
Read the suit below or go to https://www.documentcloud.org/documents/781689-eric-deters-suit-against-childrens-hospital-in.html
While an employee at Children’s from 2003-2008, Durrani performed "medically unnecessary, negligent, reckless and improper surgeries," the suit alleges.
It also alleges that:
➢ Children’s received “numerous complaints, claims and lawsuits regarding professional negligence and improper medical treatment” by Durrani from patients and staff.
> Children’s failed in its duty to tell patients, future patients, hospitals and licensing authorities that the hospital had “suspended, terminated and/or revoked the privileges of Dr. Durrani and/or accepted his resignation in lieu of termination.”
➢ Children’s had a duty to report the same to the National Practitioner Data Bank, as well as a duty to report it had settled “medical and related negligence claims” against him, and that Durrani's hardware implants had failed.
➢ Durrani left Children’s “after an internal investigation revealed his incompetence, negligence and ineptitude.”
> Children's "purged" Durrani's personnel file as part of the agreement of his departure.
> Children's "made misleading and false statements and created misleading documents concerning Durrani's tenure" there.
Furthermore, the suit accuses Children's of engaging "in a common scheme with UC Health and Dr. Durrani involving civil conspiracy, fraud, material representation (and) deceit."
According to the suit, West Chester Hospital UC Health wouldn’t have been able to hire Durrani if Children’s had reported him.
“Had Children’s not breached their duty, West Chester Medical Center would have had to reject Dr. Durrani, not because they didn’t already know about Dr. Durrani, but because they couldn’t have hidden their knowledge,” the suit says. "They needed the money baby!"
The suit also said Children's left no trail for prospective patients to follow.
"As a result of the protection and concealment of Defendant of Dr. Durrani, when Plaintiffs googled, researched, checked reference and investigated Dr.Durrani prior to their surgery(s), they found nothing critical of Dr. Durrani so as to be warned about his real record never reported," it says.
The suit says Durrani left West Chester Hospital in May after "an internal investigation."
In Children's Hospital's response to the suit, Terry Loftus, Senior Director of Media Relations, said Thursday: "We don't comment on matters in litigation."
The suit says Durrani has lied in public claims that no one ever paid to settle a patient's claim against him.
The suit requests class-action status and seeks treble damages and all costs. It was filed in Hamilton County Common Pleas Court on Wednesday.
In Deters' suits against Durrani, some plaintiffs claim Durrani’s surgery made their conditions worse.
A 10-count federal grand jury indictment accuses Durrani of convincing patients to undergo unnecessary surgeries and billing private and public healthcare programs millions of dollars for the fraudulent services.
Durrani performs surgeries at JourneyLite in Evendale, where he is part owner. He owns a private practice called the Centers for Advanced Spine Technologies (CAST) with offices in Evendale and Florence.
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