Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Med Mal News

By ALM Staff | Law Journal Newsletters |
October 02, 2014

Doctor Convicted of Manslaughter for Overprescribing Painkillers

After a four-month trial, Dr. Stan Xuhui Li was convicted in July of two counts of manslaughter, as well as reckless endangerment and criminal sale of a prescription controlled substance, among other things. The jury took six days to deliberate before convicting the doctor on 200 of the 211 charges against him stemming from his prescription of pain killers to 20 people from his Flushing, Queens, NY, office, from which he worked one day per week. His main practice was in New Jersey, where he worked as an anesthesiologist. Perhaps explaining the unusual decision to charge the doctor with manslaughter, rather than just prescribing offenses, New York City's Special Narcotics Prosecutor Bridget G. Brennan said, following the conviction, “My office devoted more than three years and countless resources to this case because we believed that the public needed protection from criminally reckless conduct that purported to be medical treatment but resulted in loss of life, addiction, and harm to patients.” The doctor has been ordered held without bail pending his sentencing this month.

At Convention, VA Secretary Talks Change

In a speech delivered Aug. 9 to the attendees of the Disabled American Veterans 93rd National Convention in Las Vegas, Dept. of Veterans Affairs Secretary Robert A. McDonald promised that the agency would address systemic scheduling problems. Those scheduling issues caused delays in patient care and led to undue suffering, worse patient outcomes and even several deaths. Acknowledging that the VA Hospital in Phoenix, AZ, had been singled out as the main villain in the scandal, McDonald noted that Phoenix is not, in reality, the only culprit. “The problems we discovered in Phoenix were systemic,” he said, extending far beyond the Phoenix facility to include the entire VA health care system. Those problems, McDonald explained, included: 1) An “antiquated and cumbersome” scheduling system; 2) Widespread attempts to “game the system” and hide the scheduling problems; 3) Punishment of whistleblowing employees who attempted to correct or expose the scheduling problems; 4) Failure to hold managers accountable for tolerating scheduling problems; and 5) Failure to oversee health care facilities in a way that might have uncovered the scheduling issues.

Two days prior to McDonald's address to the Disabled American Veterans, President Obama signed into law the Veterans Access, Choice, and Accountability Act of 2014. That legislation will provide the VA with $5 billion to improve infrastructure and to hire physicians and other medical staff. It also allocates $10 billion to fund purchased care for veterans outside of the VA system while the VA works toward gaining the capacity to meet those needs internally.

McDonald told the gathering in Las Vegas that Acting VA Secretary Sloan Gibson has already implemented changes to address its scheduling problems, including by suspending all senior executive performance awards for fiscal year 2014, eliminating the agency's 14-day access-to-care measure from employee performance plans (in order not to encourage VA employees to misrepresent actual lag times between request for and access to care), sending veterans to medical care providers outside the VA system, increasing clinic office hours and redoubling efforts to recruit new medical care providers.

BIO HERE

Doctor Convicted of Manslaughter for Overprescribing Painkillers

After a four-month trial, Dr. Stan Xuhui Li was convicted in July of two counts of manslaughter, as well as reckless endangerment and criminal sale of a prescription controlled substance, among other things. The jury took six days to deliberate before convicting the doctor on 200 of the 211 charges against him stemming from his prescription of pain killers to 20 people from his Flushing, Queens, NY, office, from which he worked one day per week. His main practice was in New Jersey, where he worked as an anesthesiologist. Perhaps explaining the unusual decision to charge the doctor with manslaughter, rather than just prescribing offenses, New York City's Special Narcotics Prosecutor Bridget G. Brennan said, following the conviction, “My office devoted more than three years and countless resources to this case because we believed that the public needed protection from criminally reckless conduct that purported to be medical treatment but resulted in loss of life, addiction, and harm to patients.” The doctor has been ordered held without bail pending his sentencing this month.

At Convention, VA Secretary Talks Change

In a speech delivered Aug. 9 to the attendees of the Disabled American Veterans 93rd National Convention in Las Vegas, Dept. of Veterans Affairs Secretary Robert A. McDonald promised that the agency would address systemic scheduling problems. Those scheduling issues caused delays in patient care and led to undue suffering, worse patient outcomes and even several deaths. Acknowledging that the VA Hospital in Phoenix, AZ, had been singled out as the main villain in the scandal, McDonald noted that Phoenix is not, in reality, the only culprit. “The problems we discovered in Phoenix were systemic,” he said, extending far beyond the Phoenix facility to include the entire VA health care system. Those problems, McDonald explained, included: 1) An “antiquated and cumbersome” scheduling system; 2) Widespread attempts to “game the system” and hide the scheduling problems; 3) Punishment of whistleblowing employees who attempted to correct or expose the scheduling problems; 4) Failure to hold managers accountable for tolerating scheduling problems; and 5) Failure to oversee health care facilities in a way that might have uncovered the scheduling issues.

Two days prior to McDonald's address to the Disabled American Veterans, President Obama signed into law the Veterans Access, Choice, and Accountability Act of 2014. That legislation will provide the VA with $5 billion to improve infrastructure and to hire physicians and other medical staff. It also allocates $10 billion to fund purchased care for veterans outside of the VA system while the VA works toward gaining the capacity to meet those needs internally.

McDonald told the gathering in Las Vegas that Acting VA Secretary Sloan Gibson has already implemented changes to address its scheduling problems, including by suspending all senior executive performance awards for fiscal year 2014, eliminating the agency's 14-day access-to-care measure from employee performance plans (in order not to encourage VA employees to misrepresent actual lag times between request for and access to care), sending veterans to medical care providers outside the VA system, increasing clinic office hours and redoubling efforts to recruit new medical care providers.

BIO HERE

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.