The $15 Million Settlement: A Record Agreement in Medical Malpractice Case
A recent whistleblower complaint has resulted in a groundbreaking $15 million settlement by Baylor St. Luke’s, Baylor College of Medicine, and Surgical Associates of Texas. This settlement follows a federal investigation into three heart surgeons who were accused of compromising patient care.
The investigation focused on Dr. David Ott, Dr. Joseph Coselli, and Dr. Joseph Lamelas, who allegedly left operating rooms during complex heart surgeries, leaving patients in the hands of inexperienced medical residents. These surgeries, which involved intricate procedures like coronary artery bypass grafts, valve repairs, and aortic repairs, were conducted with the surgeons absent from the operating room.
The whistleblower alleged that the surgeons falsified Medicare billing by misleading authorities about their presence during surgeries. This unethical practice not only jeopardized patient safety but also violated Medicare regulations.
While Dr. Ott has since retired and maintains his innocence, Dr. Coselli and Dr. Lamelas continue to practice. Baylor College of Medicine expressed confidence in Dr. Coselli’s abilities, while Dr. Lamelas is now affiliated with the University of Miami Health System.
The $15 million settlement is the largest of its kind involving concurrent surgeries, with a portion of the recovery going to the whistleblower. Both Baylor St. Luke’s and Baylor College of Medicine released statements affirming their commitment to compliance and patient safety.
Despite the legal resolution, this case serves as a stark reminder of the importance of transparency, accountability, and ethical conduct in the medical profession. Patients deserve the highest standard of care, and any deviation from this principle must be addressed swiftly and decisively.
Statements from Baylor St. Luke’s and Baylor College of Medicine
“Baylor St. Luke’s Medical Center has reached an agreement with the Department of Justice (DOJ) to resolve a documentation and billing matter involving compliance and billing requirements set forth by the Centers for Medicare and Medicaid Services (CMS). The DOJ claims are strictly allegations, and the settlement by Baylor St. Luke’s is not an admission of liability. Baylor St. Luke’s remains committed to complying with all CMS regulations.” – Baylor St. Luke’s
“Baylor College of Medicine did not engage in conduct that violates any applicable federal law or regulation. It is also important to note that no patients were harmed. The settlement agreement acknowledged that BCM disputed that any violations of federal law occurred and that the College being a party to the agreement is not an admission of liability by Baylor. The College decided to amicably resolve the dispute prior to a trial on the merits after considering the cost and expense incurred by Baylor to date, and anticipated future costs and expenses, including attorneys’ fees.” – Baylor College of Medicine
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