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News You Can Actually Use, Actually

Law Briefs

By Robert Wilonsky, Wednesday, May. 30 2007 @ 4:51PM
Comments (12)
Categories: News You Can Actually Use, Actually

In random legal news...

We just received word that five women who were treated at Presbyterian Hospital of Dallas for anorexia and bulimia filed a lawsuit today in state district court in which the woman -- each a patient in Presbyterian's Eating Disorder Program -- claim "the hospital and doctors there took part in a fraudulent billing scheme designed to profit from the women's problems."

The full press release is after the jump, but in the suit they allege that docs there told the five women they had heart problems caused by their eating disorders and, in turn, were told to "restrict all activity and return for further tests." Turns out, says their attorney, they had no such problems at all.

"This was a medical-billing boiler room scheme, plain and simple," says Marty Rose, the attorney who filed the suit. "It's as if they walked in with a sprained ankle and the doctor told them they needed expensive back surgery. They used the doctor-patient relationship to sell medical services these women didn't need."

In completely unrelated news, in Philly a group of illegal immigrants "who worked long shifts scrubbing theme restaurants for an indicted janitorial firm have signed their names to a lawsuit seeking unpaid wages," reports the Associated Press. Among the "theme restaurants" in question: Dallas-based Dave & Buster's. Turns out the janitorial firm in question placed these folks, most of whom are from Mexico, were also placed in D&B joints in Texas, California and New York. --Robert Wilonsky

Anorexia Patients Sue Dallas' Presbyterian Hospital Cardiac test scheme led to fraudulent billing, lawsuit says

DALLAS - Five women who were treated at Presbyterian Hospital of Dallas for anorexia and bulimia have filed a lawsuit claiming that the hospital and doctors there took part in a fraudulent billing scheme designed to profit from the women's problems.

According to the complaint filed today in Dallas state district court, each woman was a patient in Presbyterian's Eating Disorder Program. There, psychiatrist Dr. Urszula Kelley evaluated the women and ordered cardiac testing through a medical group specializing in pediatric cardiology.

In turn, Dr. Damaris Young Wright, working on behalf of Dallas-based Texas Pediatric Cardiology Associates and Sunrise, Fla.-based Pediatrix, allegedly told each woman that her eating disorder had caused damage to her heart, that she should restrict all activity and return for further tests.

Based on these evaluations, some of the women quit school or stopped working. The plaintiffs eventually learned that they actually didn't have any heart damage, let alone damage that should prevent them from participating in these or other activities.

"This was a medical-billing boiler room scheme, plain and simple," says Marty Rose of Rose.Walker,L.L.P., in Dallas, an attorney for the plaintiffs. "It's as if they walked in with a sprained ankle and the doctor told them they needed expensive back surgery. They used the doctor-patient relationship to sell medical services these women didn't need."

Rose says the use of a pediatric cardiologist was central to the scheme. By comparing the women's tests to normal levels of heart function established for children instead of adults, the doctors were able to interpret the results in a manner that convinced the women they had heart problems.

"It's important to note that this is not a case about patient care," Rose adds. "This is about how the hospital and its doctors set up a scheme so that they could bilk these women and their insurance companies."

Also representing the plaintiffs in the case is Lynda Lee Weaver of Dallas' The Law Office of Lynda Lee Weaver, and Leighton Durham of Dallas' Durham & Pittard, LLP.

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More About:

  • Marty Rose
  • Urszula Kelley
  • Damaris Young Wright
  • Mental Health
  • Eating Disorders

Comments (12)

Rawlins in Wonderland says:

Why, it's enough to make me throw up!

Posted On: Wednesday, May. 30 2007 @ 7:06PM
Chris Dreiling, M.D. says:

I'm a general pediatrician. I don't know anything specifically about the patients in this case, but it's quite routine for an eating disorders program to be regularly affiliated with a pediatric cardiologist. Why? Because more than half of these patients are preteen and teen girls, and adult cardiologists usually don't see patients under 18. Eating disorder patients are also routinely treated at Childrens Medical Center and are followed by pediatric cardiologists there.

In many cases, pediatric cardiologists see patients older than 18 - specifically, when a patient has congenital heart disease and lives into adulthood, or when a disease process affecting the heart is more common in childhood or adolescence (i.e. the bradycardia and arrhythmias seen in severe eating disorders).

To imply that the Presbyterian program uses a pediatric cardiologist in order to facilitate a "boiler room" billing scheme is, well, ridiculous. Did the plaintiff's attorney do no homework at all, or does he know his case is groundless, will go nowhere in court, and is he simply trying to publicly embarrass Dr. Wright and the hospital into a settlement?

I'd love to watch Dr. Wright's attorneys sink their teeth into that press release...

Posted On: Wednesday, May. 30 2007 @ 11:50PM
Steve Suz says:

Very insightful, Dr. Dreiling. I also wonder if people who just glance at this story or hear it on the news realize how deadly eating disorders are. They're one of the most fatal brain diseases in the world -- largely because they can cause sudden cardiac death. Remember Karen Carpenter? That's what these patients were being tested for. Maybe they owe the docs at Presby Dallas a big "thank you" for helping determine they still have hope for a full, healthy recovery. I guess their personal-injury lawyer advised against that.

Posted On: Friday, Jun. 1 2007 @ 10:57AM
Anonymous says:

This brings grave concern and grief to those of us who have children who have been diagnosed with an eating disorder and who have been treated by Dr. Wright....did my son really have heart damage after all?

Posted On: Friday, Jun. 1 2007 @ 12:41PM
Anonymous says:

I agree with Steve Suz. There still is not enough done for people with eating disorder. Insurance companies like to say it is a mental disorder. Maybe it is, but the underlying problem is that they do damage to the entire body and it is also a medical condition. This disease doesn't just make the person skinny. If the person is told they do damage to their heart it might make a difference as to how they look at their disorder.
As far as the person that took their son to Dr. Wright. This is what I'm trying to say, most people don't realize that eating disorders affect the entire body not just the way the body looks. You can't expect your body to function normally especially your heart. I would rather be told that I have damage done to my heart and there is something I can do to prevent it from getting worse. If I wasn't told and I suddenly dropped dead my family would try to find someone to sue because I wasn't told that there was something wrong with my heart.

Posted On: Saturday, Jun. 2 2007 @ 8:21AM
Anonymous says:

The bigger issue here for me is mental health coverage for eating disorders. If those suffering from an eating disorder were able to get more treatment like those who have drug problems etc MAYBE drs. and the like would not have to make health issuse bigger then they are in order for those under their care to receive treatment. Look all over the net it is pretty grim how little coverage there is for those suffering from an eating disorder. Not everyone has parents who can afford to pay out of pocket and those who have crappy insurance struggle at large rates.

Posted On: Sunday, Jun. 3 2007 @ 9:12PM
Amy says:

I was treated at the ED Program by Dr. Kelley and evaluated by Dr. Wright. Fortunately for me, my bulimia had not damaged my heart. But it took a LOT of tests to rule that out, and it would have been irresponsible of the Drs. to NOT discourage physical activity until everything was sure. I'm very upset that lawyers and perhaps greedy patients are tarnishing a program that really does help people.

Posted On: Friday, Jun. 15 2007 @ 8:53PM
Brit says:

I, myself, have been seeing Dr. Wright for over 5 years because of my eating disorder and I have never onced questioned her diagnosis. I have known her for a long time now and I have a personal relationship with her and could NEVER see her pulling a "scheme" like this. It makes me sick to think that these girls and the lawyers would accuse Dr. Wright of this when she really does care and was just trying to help. Everyone makes mistakes, no one is perfect.

Posted On: Sunday, Jun. 17 2007 @ 1:15PM
Noelle says:

Dr. Wright is a brilliant and completely trustworthy physician. She would never "scheme" or take part in any kind of fradulent activity. I would trust my life and or the life of my children under her care without any hesitation. Dr. Wright cares for her patients on a personal level and is one of the only physicians I know that takes phone calls from patients personally on a regular basis. I am thankful for Dr. Dreiling's comment and insight. I hope more physicians will rally around Dr. Wright while she is enduring this ludicrous accusation.

Posted On: Tuesday, Jun. 19 2007 @ 10:12PM
Anonymous says:

Was all dismissed, now they are going after the drug companies...whoever's pockets are deeper

Posted On: Monday, Jun. 22 2009 @ 5:14PM
Anonymous says:

Sadly, it’s the greed of these people like this and their ambulance chasers that raise the cost of health care for us all.

Posted On: Thursday, Jun. 25 2009 @ 8:59AM
Aaron says:

Its so true. Lawyers lure in the greedy with promises of big payouts. The medical professionals then have to pay millions to protect themselves from these sharks. The cost end up being passed down to the rest of us. One word, folks....Tort Reform.

Posted On: Friday, Aug. 7 2009 @ 8:38PM

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