2 doctors sue Excela, claim defamation
Two doctors who face civil action for allegedly performing unnecessary heart procedures have sued Excela Health System, the health care provider for whom they previously worked, alleging defamation.
Twelve former Excela patients have filed lawsuits in Westmoreland County against doctors George R. Bou Samra and Ehab F. Morcos, along with Excela Health System, over allegations that patients underwent unnecessary heart procedures— specifically that unnecessary stents were implanted into patients at its hospital in Greensburg over the course of four years.
Excela previously filed legal action against Bou Samra and Morcos, who no longer practice at Excela's Westmoreland Hospital.
Both doctors Thursday filed civil actions in Allegheny County. Bou Samra and Morcos allege that their reputations have been damaged and are each seeking monetary compensation through civil action filed in Allegheny County Common Pleas Court.
Bou Samra's suit claims the number of stent procedures increased at Excela "by virtue of its enhanced reputation and good outcomes for treated patients" between 2005 and 2009, and that the "expansion of quality services in interventional cardiology at Excela Westmoreland Hospital grew ... in large part due to the skills, earned reputation, excellent patient relations, industry and work ethic of Bou Samra and Dr. Marcos."
The suit goes on to cite Dr. Bou Samra's "high level of skill with coronary intervention" and that Bou Samra was referred by other cardiologists "who believed the referred patients needed angioplasty and would be very difficult cases requiring an interventionist with great skill."
The suit additionally cites Bou Samra's "very high success rate with procedures for stent angioplasty ... ."
According to the suit, Bou Samra's skill and reputation enabled Excela to enjoy "a large portion of the revenue generated" by having the plaintiff on staff. In addition, technicians who assisted Bou Samra and Morcos and witnessed their work on a daily basis "had an extremely high regard and respect for the skill, expertise and competence (of Bou Samra and Marcos) and in certain instances, to the extent of referring and directing their family members to said physicians for care."
In addition to Excela Health, additional parties named as defendants include Westmoreland Regional Hospital, Latrobe Cardiology, Mercer Health & Benefits LLC, American Medical Foundation for Peer Review and Education Inc., Excela CEO Robert J. Rogalski, and cardiologist Jerome E. Granato.
Likewise Morcos, in a 45-page civil action, is seeking compensation for damage to his reputation. At one point he alleges that a review of the case by hospital officials was conducted quickly and without obtaining all necessary information needed to reach a fair and accurate conclusion.
"Shockingly, this supposed review began and was concluded in one weekend... ," the suit claims. Morcos also claims the hospital never provided him with any formal report of a review board's findings.
Morcos's suit cites numerous newspaper articles and television news reports about the stent procedures as having contributed to his damaged professional reputation.
Attorney Jeffrey Pribanic filed lawsuits on behalf of Mary Cicchitello of Derry, Richard Govern of Mt. Pleasant, George Smith of Bovard and Donna Gambone of Connellsville.
Cicchitello, Govern and Smith contend they received medically unnecessary stents from Morcos. Gambone's procedure was done by Bou Samra, according to her lawsuit.
The plaintiffs are seeking compensatory and punitive damages for negligence, fraud, lack of informed consent and violations of the state's Unfair Trades Practices and Consumer Protection Law.
Excela officials earlier disclosed that the hospital conducted two independent reviews by nationally recognized cardiologists that concluded Morcos and Bou Samra implanted coronary stents in 141 patients who may not have needed them.
The hospital sent letters to those patients notifying them of the reviews.
Excela Health's Rogalski last night released a statement by email.
"We have not been provided with a copy of the complaint, but I can say that Excela Health is committed to being transparent with our patients, even when the information is less than favorable," Rogalski said. "Much has changed over the past year. In fact, Excela Health has achieved national recognition for quality standards within our cardiac catheterization lab, emphasizing our focus on patient safety."
