30 votes

How one doctor in the USA keeps practicing, despite a long string of sanctions, fines, and lawsuits

10 comments

  1. [10]
    domukin
    Link
    Ok. So, it’s a very long article and I probably got half way thought out. It starts out with a common failing I see with health/medicine related articles, that being a one sided complaint from the...

    Ok. So, it’s a very long article and I probably got half way thought out. It starts out with a common failing I see with health/medicine related articles, that being a one sided complaint from the patient's (or family’s) perspective without any of the nuance that is needed. For example, it goes into detail about patients bleeding and suffering complications such as amputations. However, the type of procedures performed are vascular, so these complications are not unexpected. Moreover, the patients that go into these procedures generally have significant vascular disease and are generally high risk for any complication, including death.

    That said. Once it starts making a case against the doctor it gets interesting. He got in trouble for performing experimental treatment on patients (so far unsuccessful treatment of MS) without proper institutional oversight. That’s a huge violation.

    He was also accused of basically treating patients like cattle and funneling though repeated and unnecessary procedure to get more money from insurance/medicare. That’s also huge.

    Interestingly, he had to undertake an ethics course, which he failed. Lol. He couldn’t even pretend to be ethical and instead berated the “establishment” for not understanding what he was doing. He sounds like a crack pot and should definitely not be practicing medicine.

    18 votes
    1. [8]
      Akir
      Link Parent
      It's very common these days for investigative journalism about organizations and practices to start off covering one person's story first so there's more context about the reporting to show the...

      It starts out with a common failing I see with health/medicine related articles, that being a one sided complaint from the patient's (or family’s) perspective without any of the nuance that is needed.

      It's very common these days for investigative journalism about organizations and practices to start off covering one person's story first so there's more context about the reporting to show the extent of the damage that is happening. In fact, I can't really think of one that doesn't do something like this.

      15 votes
      1. [7]
        HeroesJourneyMadness
        (edited )
        Link Parent
        Common, yes, but I dislike it. IMO this practice stems from an Editor or Publisher wanting a “dramatic hook” for “engagement” rather than relying on the importance of the story and having an...

        Common, yes, but I dislike it. IMO this practice stems from an Editor or Publisher wanting a “dramatic hook” for “engagement” rather than relying on the importance of the story and having an intelligent audience.

        Just write the story, don’t muddy the narrative with insipid unrelated drama- that actually weakens the argument. It sounds like this egomaniac grifter should be jailed- save the specific details of how bad particular procedures were for later. Make the scope and severity abundantly clear here. In short- pick your shot. This publisher has an editor that’s actively worsening their product.

        That’s my shot.

        Edit: of course it’s Propublica. I was going to read it, but their deliberate “both-sides-ing” fascism has driven me away.

        4 votes
        1. [3]
          spit-evil-olive-tips
          Link Parent
          is there a concrete example or examples of this you can point to? I've generally been impressed by their reporting and haven't noticed that in the articles I've read, but it's possible I've missed...

          of course it’s Propublica. I was going to read it, but their deliberate “both-sides-ing” fascism has driven me away.

          is there a concrete example or examples of this you can point to?

          I've generally been impressed by their reporting and haven't noticed that in the articles I've read, but it's possible I've missed something.

          looking through their recent archive, of the ones that seem like they'd be the most prone to both-sides-ism, they've instead made clear that it's not a both-sides problem:

          August 7: Bullied by Her Own Party, a Wisconsin Election Official’s GOP Roots Mean Nothing in Volatile New Climate

          The Wisconsin Elections Commission has been sued by numerous parties, verbally attacked by voters and earmarked for elimination by GOP lawmakers. It has survived only because a Democrat still occupies the governor’s office and wields veto power.

          July 19: How School Board Meetings Became Flashpoints for Anger and Chaos Across the Country

          In the first wide-ranging analysis of school board unrest, ProPublica found nearly 60 incidents that led to arrests or criminal charges. Almost all were in suburban districts, and nearly every participant was white.

          July 13: Close to 100,000 Voter Registrations Were Challenged in Georgia — Almost All by Just Six Right-Wing Activists

          ProPublica was able to determine that a vast majority of the challenges since SB 202 became law — about 89,000 of 100,000 — were submitted by just six right-wing activists, including Schneider. Another 12 people accounted for most of the rest.

          5 votes
          1. [2]
            HeroesJourneyMadness
            Link Parent
            I’m too lazy to dig out evidence, sorry- and I’m no expert. I did go read through their Wikipedia entry and saw its run by a former WSJ editor, was started by financiers, and has been supported by...

            I’m too lazy to dig out evidence, sorry- and I’m no expert. I did go read through their Wikipedia entry and saw its run by a former WSJ editor, was started by financiers, and has been supported by none other than SBF. I’m kind of on the fence about whether any of that is good, bad, or like most things, a mix of both.

            Their journalism awards and dedication to breaking several of the bigger stories over the last decade was really impressive though. I came away thinking I might have to readjust my attitude on them.

            Those articles you listed actually made me think a bit more of them. Thank you.

            4 votes
            1. spit-evil-olive-tips
              Link Parent
              saying that a news outlet is "both-sides-ing fascism" (and that they're doing it deliberately, no less) is a pretty serious accusation. please don't make it if you're not willing to back it up...
              • Exemplary

              I’m too lazy to dig out evidence, sorry

              saying that a news outlet is "both-sides-ing fascism" (and that they're doing it deliberately, no less) is a pretty serious accusation. please don't make it if you're not willing to back it up with anything.

              I did go read through their Wikipedia entry and saw its run by a former WSJ editor

              it sounds like you mean this guy:

              served as managing editor of The Wall Street Journal from 1991 until May 15, 2007. After that, he was the founding editor-in-chief, CEO and president of ProPublica from 2008 through 2012.

              ...

              He is currently the executive chairman of ProPublica.

              one thing to note is that he left the WSJ just before it was acquired by Rupert Murdoch in 2007.

              the WSJ has always leaned conservative (particularly its editorial board), but the takeover by Murdoch was a very significant change. the 16 years he spent as managing editor was before the WSJ turned into the "Fox News with bigger words" that we see today.

              and he appears to be very highly respected by other journalists, which counts for a lot in my book. I don't know his personal politics, but when I read this it doesn't exactly scream "conservative hack" to me:

              Steiger was elected chairman of the Committee to Protect Journalists in 2005.

              In November 2007, the National Press Club awarded Steiger the Fourth Estate Award, its highest honor, for “a lifetime of contributions to American journalism.”

              In 2002, Steiger was selected as the first recipient of the American Society of Newspaper Editors’ Leadership Award, honoring more than a decade of leadership at The Wall Street Journal.

              The John E. Anderson Graduate School of Management at UCLA honored him with the 2002 Gerald Loeb Award for lifetime achievement.

              Also in 2002, he was awarded the Columbia Journalism Award, given to honor a “singular journalistic performance in the public interest,” and the highest honor awarded by the Columbia University School of Journalism.

              He was named a 2001-02 Poynter Fellow by Yale University.

              The National Press Foundation awarded him the 2001 George Beveridge Editor of the Year Award for qualities that produce excellence in media.

              In March 1999, he was elected to the Pulitzer Prize Board.

              but anyway, moving on from him:

              was started by financiers

              specifically:

              ProPublica was the brainchild of Herbert and Marion Sandler, the former chief executives of the Golden West Financial Corporation, who have committed $10 million a year to the project.

              I hadn't heard of Golden West before, but reading up on it, it seems about as unobjectionable as a bank is ever likely to get:

              Marion and Herbert Sandler continued to serve as co-CEOs, with Marion overseeing the operations and Herbert working on the lending practices side. In 1990, The New York Times called the company "the Nation's Best-Run S.& L." saying that "the core of their business is decidedly—some might say refreshingly—old-fashioned".

              they bought it in the 1960s, and ran it as a husband & wife co-CEO team for 40 years. it sounds like it was relatively progressive, for its time:

              In 1997, Catalyst, a nonprofit women's research group, found that Golden West Financial had one of the highest percentages of women on their board of directors within any Fortune 500 company, with 5 women and 4 men.

              they retired in 2006, both in their 70s, selling the bank to Wachovia, and then of course the financial crisis happened.

              from Marion's wiki page:

              The Sandlers helped found and are among the largest benefactors of the Center for Responsible Lending, a nonprofit, nonpartisan organization fighting predatory mortgage lending, payday loans, and other products that prey on consumers; the Center for American Progress, a progressive think tank; ProPublica, an investigative reporting newsroom; and the American Asthma Foundation.

              founding ProPublica, along with the Center for Responsible Lending, looks to me to be a sincere attempt to atone for the role they played in the mortgage bubble and financial crisis, and to take actual concrete steps to prevent that sort of harm from happening again.

              and has been supported by none other than SBF

              yeah, I mean...ProPublica has also been supported by the Ford Foundation (Henry Ford was a gigantic anti-semite and Nazi sympathizer) and the Carnegie Foundation (Andrew Carnegie was a union-buster).

              I share your skepticism of billionaire philanthropy (Winners Take All: The Elite Charade of Changing the World is my go-to book recommendation on the subject) but in general the principle I try to follow is that if an organization is doing good work, I don't judge them based on their funding coming from sources I dislike. it sucks, but nonprofits basically have no choice but to "play the game" and seek out these donations from wealthy private philanthropists.

              SBF also gave to the Campaign Legal Center, a political watchdog group I think does great work. the Ford Foundation donated a bunch to the NAACP in the 1960s. Carnegie built a bunch of libraries. I think we have to be able to separate the donor from the recipient and judge them separately. I have no qualms about judging SBF for trying to launder his reputation with charitable donations, but I don't think it necessarily taints every organization he donated to.

              3 votes
        2. [3]
          thereticent
          Link Parent
          The Dickensian aspect.

          The Dickensian aspect.

          1 vote
          1. [2]
            HeroesJourneyMadness
            Link Parent
            Well said. That's handy shorthand.

            Well said. That's handy shorthand.

            1 vote
            1. thereticent
              Link Parent
              It is! But I can't take credit: it's straight from The Wire. If you haven't seen it, I recommend it.

              It is! But I can't take credit: it's straight from The Wire. If you haven't seen it, I recommend it.

              1 vote
    2. spit-evil-olive-tips
      Link Parent
      this is either the 5th or 8th paragraph, depending on whether you count single-line paragraphs: that seems to me like it's doing a decent job of providing necessary context at the start of the...

      It starts out with a common failing I see with health/medicine related articles, that being a one sided complaint from the patient's (or family’s) perspective without any of the nuance that is needed.

      this is either the 5th or 8th paragraph, depending on whether you count single-line paragraphs:

      He’d been disciplined by medical boards in over a dozen states, lost privileges in multiple hospitals and settled federal allegations of fraud, admitting that his company had performed procedures without any documented need. Pennsylvania had tried to shut his clinics down. Just a few months ago, federal attorneys announced a case against him, claiming he put “profits over the health and safety of his patients” when performing invasive artery procedures, regardless of symptoms or need.

      that seems to me like it's doing a decent job of providing necessary context at the start of the article, showing that it's a systemic problem rather than just anecdotes about patients unsatisfied with outcomes.

      He was also accused of basically treating patients like cattle and funneling though repeated and unnecessary procedure to get more money from insurance/medicare.

      not just accused - he admitted to it, in the 2018 federal settlement (the first link above). specifically, they admitted to a pattern of four years of ongoing Medicare fraud, across 22 clinics in 12 states:

      During the relevant period, from July 2012 through December 2016, VAC operated at least 22 office-based surgical sites in 12 states and Washington, D.C. VAC’s patients primarily consisted of ESRD patients undergoing dialysis treatment. As a regular practice, VAC scheduled patients for fistulagrams and angioplasties three months in advance, and VAC performed fistulagrams and angioplasties on these patients as a matter of routine, regardless of whether there was a justifiable clinical reason to do so. Furthermore, VAC sometimes misrepresented the medical conditions of patients in its medical records to make it seem as if they suffered from symptoms that would warrant the procedures. VAC unlawfully billed Medicare for these procedures, which were excluded from Medicare coverage by the applicable rules.

      and in the more recent federal case, from May of this year:

      In its complaint, the United States alleges that McGuckin and his entities billed Medicare and the Federal Employees Health Benefits Program for medically unnecessary invasive peripheral artery procedures in patients’ legs between at least January 1, 2016 and December 31, 2019, and for which McGuckin and his entities were reimbursed at least $6.5 million for over 500 claims.

      so he committed fraud between 2012 and 2016, got caught, admitted guilt in 2018 with a settlement that required him to pay between $4-18 million (depending on his clinic's finances)

      and they're now alleging that not only did he keep doing fraud, but the other fraud was committed while his first fraud investigation was ongoing, and continued after he admitted guilt and settled the case.

      He sounds like a crack pot and should definitely not be practicing medicine.

      nitpicky, but I don't think his medical license is the problem here, and I'd call him a fraudster or a grifter, rather than an outright crackpot. his malfeasance seems to be mostly about his actions as a businessman, running this chain of clinics, and not specifically about his actions as a practicing doctor.

      by all means, they should revoke his medical license, but if they stop there it seems likely he'd just find another way to keep doing fraud.

      7 votes