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Prominent Surgeon Sued For Malpractice And Fraud

  Alan Fuchsberg  |  June 3, 2019  |  

The Jacob Fuchsberg Law Firm, by attorneys Joe Lanni, Ed Hynes, and Jae Oh recently filed a “medical fraud” lawsuit on behalf of four patients against Dr. David Samadi, Chairman of Urology and Chief of Robotic Surgery and Lenox Hill Hospital, where he served. In these cases, Dr. Samadi performed robotic-assisted laparoscopic prostatectomies (“RALP”) without also performing bilateral pelvic lymph node dissection surgery (“BPLND”), an essential part of RALP surgery for staging prostate cancer.

The complaint alleges that Samadi did not perform BPLND during RALP operations as a tactic to shorten the surgical time and pack more surgeries into one “operating day” to increase revenue. Samadi submitted only one lymph node from each side of the pelvis to the pathology department. This serves no medically therapeutic purpose, unlike properly conducted BPLND’s when normally a range of 22 – 42 Lymph nodes fare are removed. Two of the patients later discovered they had metastatic cancer, requiring treatment that was delayed because of this.

These repugnant medical practices were designed to inflate revenue and profit at the expense of proper medical care. Our complaint raises claims of “medical malpractice, lack of informed consent, and fraud.” Under N.Y. Gen. Bus. Law § 349, “Deceptive Business Practices Act.”

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