A disgraced Michigan oncologist already under federal indictment for federal Medicaid fraud has more legal battles ahead after former patient filed a civil lawsuit against him for subjecting him to “excessive chemotherapy.”
In the Medicare fraud case filed in federal court, the government alleges that Fata intentionally misdiagnosed patients and prescribed grueling chemotherapy and other treatments in money-making scheme. The federal Medicare trial is scheduled to begin in August.
In January 2012, Durst began a series of treatments his attorneys argued breached several standards of practice.
“The most significant breach was in the fact that he initiated chemotherapy prior to the start of radiation therapy, even though there is no demonstrated benefit to initiating chemotherapy prior to the start of radiation for the kind of cancer that the plaintiff had; not continuing it after the radiation ceases,” according to the lawsuit.
The lawsuit is the first filed in civil court against Fata. Named with him as defendants are Michigan Hematology-Oncology and Crittenton Cancer Center, V. Elayne Arterberry and Michigan Radiation Associates.
Stewart is seeking damages against all defendants for his client.
Fata’s attorney, John Toth, filed a response denying negligence “in any manner whatsoever” and said “that any and all of the care and treatment rendered by them in all respects complied with the applicable standard of practice.”