Dr. Wilson Asfora carried out operations using medical
devices he invented and also received kickbacks from other medical companies
whose devices he used, all without disclosing the arrangement to patients, the
Justice Department alleged in the lawsuit, which was obtained by the Argus
Leader.
Asfora allegedly implanted the devices during complex spinal
surgeries which should not have been performed, authorities say, alleging that
the doctor "received numerous warnings that he was performing medically
unnecessary procedures – which were ‘excessive,’ ‘quite aggressive,’ and went
‘against conventional neurosurgical teaching and practice’ – with the devices
in which he had a financial interest.”
The federal complaint includes warnings from Asfora’s own
lawyers and warnings from medical professionals that his behavior was illegal.
Asfora worked out of two Sioux City hospitals, Sanford
Medical Center and the Sioux Falls Specialty Hospital. He sold the devices to
the hospitals at enormous markups, meaning he made money for the surgeries he
performed as well as the devices he used.
In one case Asfora allegedly told a medical device company
he could increase the number of surgeries he performed. The complaint also
alleges he went to great lengths to hide his conflicts with the hospitals.
As a result, Sanford Health will be required to hire an
outside auditor to monitor the health system’s billing as part of an agreement
reached with the federal government. The agreement allows Sanford to continue
participating in Medicare and other federal programs, despite the claims
against Asfora.
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