We represent victims of reverse discrimination and anti-DEI whistleblowers

Patients typically meet with the surgeon who is performing their procedure prior to the operation. Afterward, the doctor updates the patient and their family about the results. Often, individuals and their loved ones take great care when selecting a surgeon. However, once the patient is under anesthesia, they’re not able to tell exactly what is happening or who is standing over them at the operating table. Unfortunately, the are some medical providers who have taken advantage of this to increase their profits by deceiving patients and the government. 

In a case that underscores the critical role of whistleblowers in maintaining ethical medical practices, Baylor Hospital has agreed to a $15 million settlement to resolve allegations that several of its surgeons regularly performed two surgeries at the same time, potentially compromising patient safety. Patients were unaware that critical tasks requiring a high degree of medical skill were done by physicians with much less experience than the surgeon they thought was performing the procedure. 

According to the whistleblower, a former employee of the hospital, surgeons were frequently booked to perform multiple surgeries simultaneously. Procedures were scheduled closely together so that the surgeon would move between operating rooms. This practice, known as "concurrent" or "overlapping" surgeries, is highly controversial and raises significant concerns about patient safety and the quality of care provided. Seemingly, this was done to increase the volume of surgeries and increase hospital revenue.

The whistleblower alleged that this practice led to extended anesthesia times for patients, increased risks of complications, and in some cases, substandard outcomes. Concerned about the risks posed to patients, the whistleblower reported the overlapping surgeries to the appropriate authorities, triggering an investigation into the hospital’s practices. The investigation ultimately revealed that the hospital had billed Medicare and other federal healthcare programs for concurrent procedures ostensibly performed by one doctor, despite the potential compromises in care.

Whistleblowers are protected under the False Claims Act when they report fraudulent activities involving government programs. In cases like this, whistleblowers are often eligible to receive a portion of the settlement as a reward for their role in exposing fraud and protecting public interests. To resolve the allegations without admitting liability, Baylor Hospital agreed to pay $15 million. This substantial settlement reflects the seriousness of the claims and serves as a reminder to healthcare providers of the importance of prioritizing patient safety over financial gain.

Don’t be afraid to report fraud or other problems that you notice while at work. Kardell Law Group advocates on behalf of whistleblowers in legal actions related to improper conduct, illegal retaliation and the filing of false information with Medicare and other authorities.