This Baltimore County lawsuit, Medical malpractice lawsuits against physical therapist are relatively rare. According to the allegations contained in the Indictment[1] and statements made during court proceedings: Between 2018 and 2021, LIU, a licensed acupuncturist, operated medical offices (the Offices) from which LIU and her partners fraudulently billed the Insurance Providers for physical therapy and acupuncture services that were not rendered in the manner represented or not rendered at all. A subsequent study that covered 2011 to 2015 found that payouts reached $42 million and keep in mind that that was only within the span of five years, as opposed to 10. Coding Win: New Caregiver Education Codes Available to PTs in 2024. In motion no. As a result of the July 11, 2005 accident at Jacobi Medical Center, Plaintiff suffered a fracture/dislocation of the prior C4-C5 fusion. Medical malpractice insurance usually pays for the cost of defending covered claims, even if the healthcare provider is ultimately found not liable. The statutory maximum sentences are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge. 4Department of Physical Therapy, School of Health Sciences, University of the Pacific, Stockton, California ABSTRACT Background: This case study demon-strates how motivational interviewing (MI) may be used in the physical therapy management of a patient with persistent neck pain. Relying on case law holding that a suit against a physical therapist can be deemed an "action for medical malpractice" for purposes of the 2 1/212-year statute of limitations contained in CPLR 214-a, plaintiff maintains that this is an "action for medical malpractice" pursuant to CPLR 3101 (d) and neither the identity of her medical expert nor In this case, the patient was not wearing a gait belt, and so utilizing such a safety device may have mitigated some of the injuries here. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A 10-year study, from 2001 to 2011, revealed that $44 million in malpractice payments had been made during that time. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. These are some of the publications and organizations that have recognized our firm and individual attorneys for excellence. He underwent physical therapy and knee surgery. (Madison Avenue) moves to dismiss the action as against it, on the grounds that, as a matter of law, plaintiff Karen Censki (Censki) can not establish that Madison Avenue departed from good and acceptable physical therapy procedure. interactive tool to learn about malpractice lawsuits! D. Censki alleges that her physical therapist at Madison Avenue-Tzvi Barak, P.T., Ph.D.-departed from acceptable standards of physical therapy care by, among other things, (1) ordering her to begin weight bearing exercises too soon after surgery, (2) placing too much weight on the weight bearing machine, (3) failing to properly supervise her physical therapy regimen, and (4) based on his assistant erroneously informing her that the knee-pain was related to scar tissue. [1] The whole conversation was recorded. Athlete alleges loss of scholarship due to reinjury during physical Motion nos. In the affidavit, the expert states that based upon review of Censki's medical records and other documents exchanged during discovery, Barak deviated from good and acceptable physical therapy practice by setting the weight bearing resistence of the leg press at close to 50% of her body weight the first time he directed her to use the leg press. A little over a year and a half later, the patients family sued her initial doctor for medical malpractice, alleging that the doctor did not move quickly enough to seek critical care treatment for (the patient) and that the delay caused cardiac arrest and subsequent brain damage. The parties ultimately settled the case rather than take it to trial. Case Report Presentations. Learn More About Our Medical Malpractice Coverage, Learn More About Our Dental Malpractice Coverage, Learn More About Our Partnership Programs, American Physical Therapy Association (APTA) reports. Ideally, these case studies will help give you a better understanding of what medical malpractice is, how it can happen, and what the potential consequences can be. The rehab facilitys electronic medical records system didnt allow mg (milligrams) to be entered. If not, it will be an uphill battle. The case is assigned to Chief U.S. District Judge Laura Taylor Swain. Practicing physical therapy with a mental or physical condition that impairs the ability of the licensee to practice with skill and safety. In some instances, these Paid Patients visited the Offices, signed in, and received unnecessary physical therapy and acupuncture services. Since the testimony of expert witnesses is often the single most important element of proof in medical malpractice *** actions, sharing information concerning these opinions encourages prompt settlement by providing both parties an accurate measure of the strength of their adversaries' case. Boucher v. Williams, 173 Misc.2d 265, 267, 660 N.Y.S.2d 817 (Sup.Ct. The purpose of this case report is to describe the barriers that influence the physical therapy management for an individual following a coronary artery bypass graft and atrial valve replacement. Berxi is building a team thats devoted to building a modern, customer-focused platform to help simplify the insurance experience for professionals and small businesses. It would seem odd that the doctor would have instructed the physical therapist not to use a balance board? Her transfer medication list incorrectly stated she should receive 0.625 mg daily of the medication digoxin. One patient argued in a lawsuit that injured patients were "bounced around" a web of affiliated clinics for services that included chiropractic care, pain injections, physical therapy and . Want Berxi articles delivered straight to your inbox? The case settled for $1,980,000. JUNYI LIU, 67, of Great Neck, New York, GLEEN ANCIRO, 50, of Floral Park, New York, NOEMI ALGODON, 49, of Mineola, New York, MOHAMED ELMANDOUH, 48, of Staten Island, New York, GERARD ESTRELLA, 39, of West Hempstead, New York, RAMON GARCIA III, 39, of Merrick, New York, HENLER DATU TAHIL, 38, of East Meadow, New York, HONGXING WANG, 61, of Brooklyn, and ZIHAO CHEN, 20, of Queens, are each charged with: (1) conspiring to commit health care fraud, which carries a maximum sentence of 20 years in prison; (2) conspiring to violate the Anti-Kickback Statute, which has a maximum penalty of five years in prison; and (3) conspiring to commit money laundering, which carries a maximum sentence of 20 years in prison. Perform at least annual performance reviews for each employee, including a review of errors, near misses, document requirements compliance, existing skills and directly observed competencies. LIU and certain of the Partners also agreed to give kickbacks, including cash and expensive wine, to employees of Insurance Providers to enable the scheme to continue. Log in to manage your policy, generate a certificate of insurance (COI), make a payment, and more. We thought that was not fair so Miller & Zois took my case to arbitration. U.S. Attorney's Office says FBI's raw notes show otherwise. 1 Electrical Stimulation: Wound Care. 833.24.BERXI (833.242.3794) This case is the 67th medical malpractice case filed in Maryland Health Claims Arbitration in Maryland in 2017 and was filed on February 7, 2017. Ensure that clinical practices comply with standards endorsed by physical therapy professional associations, state practice acts and facility protocols. Brent Carey, et al. v. Indiana Physical Therapy Inc., et al. Real-life case results Case 1: Failure to Diagnose Leads To $950K Recovery Case reports have educational value in their descriptions of practice that clinicians can immediately relate to and apply. Were a Boston-Based team focused on leveraging technology to make insurance simple and affordable for professionals and small businesses. Settlement Eases Rules for Some Medicare Patients Accordingly, Dr. Sasson's cross-motion is moot. Before the case proceeded to trial, the court sided with the physical therapist, saying the patient failed to prove that the physical therapy and not the crash that sent him there was the cause of his injuries. Berxi is a division of Berkshire Hathaway Specialty Insurance As former insurance defense lawyers, Miller & Zois 'know the other side's playbook'. This is a physical therapy medical malpractice lawsuit filed by a woman in Prince George's County. Defendant Victor Sasson, M.D. The medical team eventually stabilized her, and her oxygenation improved, but the event resulted in permanent brain damage. Thanks to our partners in this case, the defendants are in custody and facing serious federal charges., HHS Special Agent in Charge Scott Lampert said: These allegations describe a greed-fueled scheme that undermined our health care system and the people it serves. Attorney General James Secures $4 Million from Companies Involved in A man was injured in a vehicle crash and was referred to a physical therapist by his doctor for treatment. Email: customer.service@hpsocover.com. You put your health or even your life in the hands of professionals who are supposed to know what they are doing. Ethics in Physical Therapy: A Case Based Approach ordered that in accord with the mandates of CPLR 3101(d) and the directions of this Court, plaintiff is directed to provide defendant Madison Avenue with a proper response to his expert demand within thirty days from the date of this Decision. Orthopedic Differential Diagnosis in Physical Therapy: A Case Study OIG Cases Involving Physical Therapy and Physical Therapists Papers from 2019 PDF Physical Therapy Management Of Low Back Pain In A Young Female With Ankylosing Spondylitis Associated With HLA-B27 Antigen: A Case Report, Jake Adkins PDF Regaining Independence In Ambulation For A Visually Impaired Patient With Rhabdomyolysis: A Case Report, Brandon Bourgoin PDF Learn More About Our Medical Malpractice Coverage, Learn More About Our Dental Malpractice Coverage, Learn More About Our Partnership Programs, CRNA Sued After Patient Falls and Dies Post-Surgery, This NP Refused to Settle Her Case. Very early the next morning, at about 4 a.m., the dad observed that his son was asleep but that his breathing had slowed. Last updated on The case was handled by Attorney S. Joseph Donahue. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Submit a notice of an incident or claim in just minutes. A Bronx woman says she was sexually abused by a physical therapist at a Manhattan medical clinic, according to a new lawsuit. She asked questions about the boys condition, which the father answered. Audrey Strauss, the United States Attorney for the Southern District of New York, and Scott Lampert, Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), announced the unsealing today of an indictment charging acupuncturists JUNYI LIU, a/k/a Jenny, and HONGXING WANG, as well as physical therapists GLEEN ANCIRO, NOEMI ALGODON, MOHAMED ELMANDOUH, GERARD ESTRELLA, RAMON GARCIA III, and HENLER DATU TAHIL, and cashier ZIHAO CHEN with operating an over $20 million health care fraud scheme at fraudulent medical offices in Manhattan, Brooklyn, and Queens. In furtherance of the scheme, LIU employed receptionists, cashiers, marketers, financial and billing personnel, acupuncturists, massagists, and other personnel. Email: service@hpso.com, Businesses: 1-215-660-0241 It was a long fight and they fought for me every step of the way. Barak Aff., 9; Barak Dep., p. 80. About three months later, the doctor who performed the procedure determines that she has a sustained non-displaced medial malleolar fracture in her right ankle due to the actions of defendant therapist who treated her with a balance board "against medical advice.". Select your industry from the list below. The patient sued the physical therapist, alleging that normal physical therapy would not contribute to RSD and that he experienced new symptoms, or symptoms got worse with that therapy. During the trial, the patients own medical expert witness testified that normal physical therapy likely wouldnt cause RSD but noted that the patient experienced new symptoms after sessions with the patients physical therapist. Plaintiff suffered from a degenerative condition of his cervical spine that existed prior to the accident. Originally published on This case study was published on June 17, 2011 by CRICO. Berxi offers simpler, better insurance options that protect you from the unique risks of your profession. 1992) (provision was enacted to address concern that medical experts might be discouraged from testifying by their colleagues); Jasopersaud v. Rho, 169 A.D.2d 184, 572 N.Y.S.2d 700 (2d Dep't. My prior lawyer was not able to get the insurance companies to offer a single penny in my case. An 86-year-old with a history of heart issues was treated at an emergency room for congestive heart failure. The Partners roles in the scheme typically included: (i) allowing the Offices to use their enrollments with the Insurance Providers to submit to the Insurance Providers materially false and fraudulent claims for reimbursement for physical therapy and acupuncture services that were not rendered in the manner represented or were not rendered at all; (ii) creating materially false medical documentation, which stated that certain physical therapy and acupuncture services had been rendered, when such services in fact were not rendered in the manner represented or were not rendered at all; and (iii) contributing financing for the Offices, including for the payment of cash kickbacks to the Paid Patients to induce those patients to provide their insurance information and receive medically unnecessary and/or non-existent services at the Offices. When the pulmonologist tried to intubate her, she went into cardiac arrest. An Injury Occurring During Physical Therapy May Be The Result Of The Following a course of physical therapy Plaintiff was instructed to perform home exercises and to follow up for medical care on an as needed basis. Originally published on 3 Case Report Presentations | Physical Therapy Student Presentations Plaintiff becomes a patient at defendant Sports Pro Physical Therapy in Prince George's County due to injuries she sustained in a car accident to her right foot/ankle and her lower back. 3, defendant Madison Avenue Physical Therapy, P.C. Quotation marks (" ") are used when you want to search an exact phrase of two or more words. Click here for information on the investigation into the Mount Vernon Police Department. We leverage the financial strength of Berkshire Hathaway Specialty Insurance Company to offer products that are tailored to meet the unique needs of the small businesses we cover. Encourage compliance with relevant legal, ethical and professional standards for clinical practice. 6 Physical Therapists And 2 Acupuncturists Charged In Over $20 Million 3 and 4 on the Court's 9/25/01 calendar are consolidated for disposition. 14 Chronic Obstructive Pulmonary Disease. See, Dellert v. Kramer, 280 A.D.2d 438, 721 N.Y.S.2d 342 (1st Dep't 2001); Morrison v. Altman, 278 A.D.2d 135, 718 N.Y.S.2d 319 (1st Dep't 2000); Avacato v. Mount Sinai Medical Center, 277 A.D.2d 32, 715 N.Y.S.2d 146 (1st Dep't 2000). Although for purposes of CPLR 214-a an action against a physical therapist may be governed by the 2 1/212-year statute of limitations applicable to medical malpractice actions where the challenged conduct constitutes treatment or bears a substantial relationship to the rendition of medical treatment by a licensed physician, see, Bleiler v. Bodnar, 65 N.Y.2d 65, 72, 489 N.Y.S.2d 885, 479 N.E.2d 230 (1985); see also, Weiner v. Lenox Hill Hosp., 88 N.Y.2d 784, 788, 650 N.Y.S.2d 629, 673 N.E.2d 914 (1996); Wahler v. Lockport Physical Therapy, 275 A.D.2d 906, 907, 713 N.Y.S.2d 405 (4th Dep't 2000); Joyner v. Visiting Nurse Service of New York, 254 A.D.2d 394, 394, 679 N.Y.S.2d 81 (2d Dep't 1998), the same broad definition of medical malpractice action is not appropriate for purposes of applying CPLR 3101(d) in the context of suits against physical therapists. The patients heart rate dropped, and her blood work came back with high levels of potassium. Sample Violations & Complaints | FSBPT Informative guides that provide in-depth expertise on popular topics within your industry. Revisiting the Case for Case Reports | Physical Therapy | Oxford Academic Large-scale insurance frauds of the type alleged here impose hidden but very real costs on the public as well as insurers. Plaintiff did not make any claim for past or future lost earnings. Plaintiff was discharged from any further medical care and treatment in December 2008. The contact form sends information by non-encrypted email, which is not secure. Did the patient know there was an injury the moment it happened? Provide physical therapy staff with coaching, mentoring, and clinical and system education as needed to ensure that patient safety requirements are satisfied. The physical therapist denied the sequence of events described by the patient. APTA, AOTA, and ASHA successfully made the case for codes that can be applied to caregiver education for patients with functional deficits. Behavioral modification and shaping techniques formed the basis for the physical therapy treatment approach. Learn the Outcome, A Registered Dietician Is Sued After an Allergic Reaction. HIPAA and COVID-19; Getting Physical Therapy Paid For By Workers Compensation We provide medical malpractice insurance for a range of healthcare professionals, including nurses and APRNs, fitness & wellness instructors, and mental health professionals. After surgery performed by Dr. Sasson to repair a torn ACL to her left knee, Censki was referred to Madison Avenue for post-surgery physical therapy. 15 Electrophysiologic Testing (1) 16 Electrophysiologic Testing (2) 25 Extracorporeal Shockwave Therapy (ESWT) 19 Hydrotherapy: Cold Whirlpool. Berxi no longer supports Internet Explorer. We provide dental malpractice insurance for everyone in your practice, including dentists, dental hygienists, and assistants.

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