In an unprecedented move by medical institutions, Baylor St. Luke's Medical Center, Baylor College of Medicine, and Surgical Associates of Texas P.A. have consented to pay a whopping $15 million to settle claims related to concurrent heart surgeries that reportedly breached Medicare teaching physician stipulations and informed consent regulations, this, according to a statement obtained by the U.S. Attorney's Office for the Southern District of Texas.
The allegations, which initiated from a whistleblower complaint back in 2019, pointed the finger at three seasoned heart surgeons—Drs. Joseph Coselli, Joseph Lamelas, and David Ott—for their practice of handling two surgeries simultaneously often leaving critical procedures in the hands of less experienced medical residents when Medicare guidelines clearly dictate the presence of teaching physicians throughout operations, each accusation standing stark against the trusted backdrop of the medical establishment’s renowned expertise at both handling complex surgeries and educating future generations of doctors; the surgical “timeout,” a key safety precaution, was also neglected due to these activities.
U.S. Attorney Alamdar S. Hamdani underscored the gravity of this breach of trust, stating, "Patients entrusted these surgeons with their lives - submitting to operations where one missed cut is the difference between life and death," while Special Agent in Charge Jason E. Meadows from the Health and Human Services Office of Inspector General stressed the commitment to protecting Medicare beneficiaries “This record settlement demonstrates our steadfast commitment to protecting Medicare beneficiaries and working with our law enforcement partners to utilize all the tools in our arsenal to hold accountable those who steal from Medicare and other federal health care programs.”, as reported by U.S. Attorney's Office for the Southern District of Texas.
According to the investigation, patient safety was compromised as many were unaware their primary surgeon would leave the operating room, and the surgeons would enter a second or third operation without assigning an appropriate substitute—a violation not just of trust but a stark infraction of the regulations that govern medical care and an apt reminder that even top surgeons can fall prey to prioritizing quantity over quality which, when coupled with fraudulent billing practices, illustrates a troubling disregard for patient welfare, heightened by the false attestations recorded on medical documents that surgeons were present for entire procedures.
This settlement marks a historic moment as the largest of its kind involving concurrent surgeries, with a significant portion—$3,075,000—allocated to the whistleblower whose courage brought this issue to light; the FBI's investigation conducted alongside the U.S. Attorney’s Office and HHS-OIG, handled by Assistant U.S. Attorneys Brad Gray and Andrew Bobb, led to this landmark resolution and sends a message of accountability across the healthcare system.