Podiatrist admits submission of fraudulent Medicare Claims (Pennsylvania)

A  podiatrist from Scranton, PA,  plead guilty  to taking between $10,000 and $30,000 in Medicare payments for services he did not provide.

Podiatrist Thomas Rittenhouse, DPM, entered a guilty plea to one count of making a false statement in a health care matter. These charge carry up to five years in prison and fines of up to $250,000.

At the plea hearing, the Assistant U.S. Attorney said doctor Rittenhouse had filed claims with Medicare between  2003 and  2008 and was paid for services he never provided to patients.  Dr. Rittenhouse is accused of claiming to have performed "nail avulsions", a procedure in which a toenail is removed, but actually just provided routine foot care.

Although the exact amount has not yet been calculated, Dr. Rittenhouse admitted the amount  was between $10,000 and $30,000, and in likely the doctor will be required to pay back the amount that he had received  through filing the fake claims.

Thomas Rittenhouse, DPM,  remains free while awaiting sentencing in Federal Court which is currently set for May 26.

Source: The Times Tribune - 2-18-09

Defense Verdict: failure to diagnose and treat 5th metatarsal non union (PA)

The plaintiff was a women in her late 30s who underwent surgery performed by the defendant to treat a bunion. The surgery involved cutting and moving the bone of the fifth metatarsal.  The plaintiff complained of continuing persistent foot pain.The plaintiff underwent additional surgery performed by another podiatrist.

She had alleged that the defendant podiatrist was negligent by failing to diagnose and treat a fifth metatarsal non union following the performance of bunion surgery.  Specifically that the defendant failed to timely diagnose and treat a non-union which, if timely diagnosed, would have permitted non-surgical treatment. he defendant argued that the plaintiff was still in the post operative recovery stage when she elected to seek treatment from another podiatrist.  The defendant contended that he had no opportunity to diagnose the plaintiff's non-union.

The defendant's expert  podiatrist Michael Downey, DPM had  testified that the plaintiff was still within the healing phase of her recovery when she chose to treat with another physician some six months after surgery. The non-union was diagnosed by the subsequent treating podiatrist and the defendant maintained that he had no opportunity to diagnose the condition.

Result: The jury found that the defendant was not negligent ($0).


Source: Jury Verdict Review Publications, Volume 16, Issue 10 (PM NEWS)
 

2 Podiatrists from Luzerne County Disciplined (PA)

The Pennsylvania Department of State Board of Podiatry took action against the following podiatrist in Luzerne County, PA:

• Barry G. Bernstein of Plains on June 18. He was ordered to complete seven hours of continuing education within six months and he paid a $500 civil penalty, because he “failed to complete 30 hours of continuing education in timely and acceptable courses and programs in the profession.”

• Lawrence J. Kansky, D.P.M., of Mountain Top, on April 16. He voluntarily surrendered his license to practice podiatry for after pleading no contest to prescription drug charges and receiving probation in December.

Source: Timesleader.com [August 16, 2008]