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Pardon Dr. Natale, surgeon found not guilty by jury of Medicare fraud - yet imprisoned for codes.
Whitehouse.gov ^ | 01/16/2013 | Staff

Posted on 01/17/2013 12:06:35 PM PST by safetysign

Dr. John Natale, nationally recognized cardio-vascular surgeon was charged with Medicare fraud only to be found not guilty by the jury. He performed over 7500 surgeries in his career and never lost a patient on the operating table. The DOJ brought this case to court regarding 5 ruptured aneurysms performed in the emergency room on 5 elderly patients - all expected to die. Even the expert witness for the DOJ had to admit that Dr. Natale's skill as a surgeon was exemplary. The jury found that no fraud had been committed yet Judge Rebecca Pallmeyer, under the strong urging of the DOJ sentenced the doctor to 10 months imprisonment for errors found in two out of over 1200 operative notes reviewed by the DOJ. The errors were clerical and misstatements in dictation which isn't a crime.

SIGN THE PETITION at the link.


TOPICS: Crime/Corruption; Culture/Society; Government; US: Illinois
KEYWORDS: falseimprisonment; medicare; obama
FREEP the doctor out of jail. Please go to the link and sign petition.
1 posted on 01/17/2013 12:06:43 PM PST by safetysign
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To: safetysign

“The errors were clerical and misstatements in dictation which isn’t a crime.”

Sumvun did nawt cross ze T or dot ze I on page three, your papers ar nawt in order!


2 posted on 01/17/2013 12:09:25 PM PST by Darksheare (Try my coffee, first one's free.....)
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To: Darksheare

Welcome to the USSSA . . . comrade.


3 posted on 01/17/2013 12:14:19 PM PST by YHAOS
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To: safetysign

If the minor clerical errors are not crimes, why was the judge persuaded by the DOJ to find him guilty and impose a jail sentence on him? Liberal Judge? Or could it be that the doctor wasn’t the right race and didn’t fall under Eric “The RED” Holder’s “JUST US” department standards?

Why should a superb surgeon be in jail for a couple of clerical errors? Just another example of the tyrannical nature of this administration.


4 posted on 01/17/2013 12:15:04 PM PST by HotHunt
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To: YHAOS

“Well, we have to lock up SOMEBODY! After all, we had a trial!”

The idiocy astounds me.


5 posted on 01/17/2013 12:15:58 PM PST by Darksheare (Try my coffee, first one's free.....)
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To: HotHunt
If the minor clerical errors are not crimes, why was the judge persuaded by the DOJ to find him guilty and impose a jail sentence on him?

Perhaps Natale is a Republican.

6 posted on 01/17/2013 12:19:54 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: Moonman62

Natale is a Republican from Chicago.


7 posted on 01/17/2013 12:21:40 PM PST by safetysign
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To: Darksheare
jawohl!

( ^8 }

8 posted on 01/17/2013 12:22:19 PM PST by YHAOS
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To: safetysign

Petition signed.

Thank you.


9 posted on 01/17/2013 12:23:41 PM PST by ricmc2175
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To: safetysign

This sounds like a case of the bully entering the room and going after one person in order to send a message to the rest of the people in the room.


10 posted on 01/17/2013 12:25:22 PM PST by Slyfox (The key to Marxism is medicine - V. Lenin)
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To: safetysign

safetysign~:” Natale is a Republican from Chicago. “

That expains it all
The goobberment doesn’t want him to have firearms
My expeirience is that codeing is generally done by some clerical support staff ~ I guess that doesn’t matter

What is really guilty of .. being a Republican supporter ?
Ah , but that isn’t a criminal charge , .. yet ! ..yet !


11 posted on 01/17/2013 12:28:11 PM PST by Tilted Irish Kilt (Pay attention - the inmates ARE running the asylum!)
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To: Moonman62

http://www.myfoxchicago.com/story/19466333/teen-shot-by-cops-charged-with-attempted-murder

It looks like the “clerical error” may have increased the Medicare payment and may have endangered one of the patients.

Probably sentenced to make a point, but it does sound like he benefited from the “error”.


12 posted on 01/17/2013 12:29:02 PM PST by Wicket (God bless and protect our troops and God bless America)
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To: safetysign

The amount of regulations and overhead doctors have to comply with is mind boggling.


13 posted on 01/17/2013 12:29:22 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: safetysign

The same “justice” department that refused to prosecute election intimidation because the head of the department felt that the perps were “his people?”


14 posted on 01/17/2013 12:35:22 PM PST by I want the USA back
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To: Slyfox

Rhymes with Martha Stewart. ;)


15 posted on 01/17/2013 12:37:02 PM PST by antidisestablishment (Our people perish through lack of wisdom, but they are content in their ignorance.)
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To: safetysign

It’s a good thing there weren’t any dangling participles in his reports.


16 posted on 01/17/2013 12:37:57 PM PST by moovova
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To: safetysign
As a physician I'm conflicted.

I know that if a prosecutor wants to convict of medicare fraud, it's just a matter of looking long enough and deep enough and you will find an error.
Any error then can be compounded into multiple charges that include wire fraud as the banking portion of getting paid invariably crosses state lines.

This is not just true of physicians, almost anyone can be convicted of something if examined close enough. There are thousands of laws on the books and we all have violated some law somewhere unknowingly.

On the other hand I have also been involved with removing unethical physcians from a hospital practice.
When examining the records only the most egregious of records are forwarded to prosecutors for action.

It is impossible to know which of these is what has happened to this physician.

17 posted on 01/17/2013 12:39:41 PM PST by Politically Correct (A member of the rabble in good standing)
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To: Politically Correct
It is impossible to know which of these is what has happened to this physician.

Well, if some of the comments on the fox article are indicative of what happened:

Dr Leighton Smith ordered surgery on a patient of Dr Natales’ against Dr Natale’s advice and judgement…Smith then sent another economic competitor of Dr Natale’s in to operate on the woman…twice…one day after the other….hoping to prove Dr Natale had not done the surgery he said he had done a year earlier…when Dr Natale had saved the woman from a serious anyeurism surgery where she almost bled out. Dr Natale did save her and did put the patch on the aneurysm exactly as he said he had done….

Dr Painter and Dr Smith wanted to prove Dr Natale wrong…but in their quest to prove Dr Natale wrong…they not only proved Dr Natale right (the woman did not need surgery and she did have a patched aneurysm from the previous year )… Dr Painter at Dr Leighton Smith’s direction to operate and also to take pictures inside the woman….cost that woman her life. How awful. How irresponsible …How final

18 posted on 01/17/2013 12:45:16 PM PST by sockmonkey (Of Course I didn't read the article. After all, this is FreeRepublic..)
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To: Darksheare

Seems a bit more serious than just coding/clerical errors:

“...The charges focused on six surgeries in 2003 and 2004 at Northwest Community Hospital in Arlington Heights. Natale later operated at Swedish Covenant Hospital in Chicago, according to his trial testimony.

The jury found that for at least two patients in 2004, Natale prepared false post-surgery reports about aneurysm repairs that were never done, and detailing surgeries as more complex than they were, according to prosecutors.

In one case, another surgeon testified that if he had relied on Natale’s falsified records to treat a patient whose condition deteriorated a year after Natale operated, there would have been serious negative impacts for the patient, the release said.”

Read more: http://www.myfoxchicago.com/story/19466333/teen-shot-by-cops-charged-with-attempted-murder#ixzz2IGcdGzhY


19 posted on 01/17/2013 12:50:49 PM PST by Captain Rhino (Determined effort is the hammer that Human Will uses to forge Tomorrow on the anvil of Today.)
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To: Tilted Irish Kilt

Why do I see a connection between Michelle Obama’s tenure on the boards of Chicago hospitals as a healthcare expert, and this good doctor? Vendetta?


20 posted on 01/17/2013 12:51:37 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: safetysign

There are doctors who file false medicare reports to cheat the government. It certainly doesn’t sound as if Natale was one of them. It sounds as if he is a really splendid doctor who understandably made a couple of errors in thousands of reports. Big deal.

Maybe two doctors with influence on high went after him because they were jealous. Maybe the government was angry because he saved the lives of numerous patients who were scheduled to die—which is what the government usually wants when it gets involved with these things.

In any case, the petition certainly deserves to be signed.

No, we don’t know EVERYTHING about this case, but this is a clear example of judicial injustice.


21 posted on 01/17/2013 12:52:00 PM PST by Cicero (Marcus Tullius)
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To: safetysign

A similar case of government tyranny lead to the suicide of Aaron Swartz:

see:

Aaron’s Law

It won’t bring him back. But the loss of the Internet activist has prompted a bill in Congress that would protect others from the same kind of prosecutorial abuse.
...
But now Congress may actually do something to remedy at least part of this important flaw. Congresswoman Zoe Lofgren (D-CA) has introduced a draft bill — importantly, first on Reddit, a platform Aaron had helped to build, and, once she gets the Net’s feedback, in the United States Congress — to change this rule of the CFAA and return contract law to its civil home. Her bill, which she calls “Aaron’s Law,” would limit the scope of the Computer Fraud and Abuse Act and exclude “crimes” that are nothing more than a breach of contract. No more “felonies.” No more prosecutions resulting in prison sentences. Violations of the “terms of service” would be a breach, not a crime. Had that change been made before Aaron’s death, the government’s felony charges would likely have collapsed. Had the government’s charges collapsed, Aaron Swartz, in my view, would still be frantically working to make the world a better place.
..

http://www.theatlantic.com/national/archive/13/01/aarons-law/267247/#


22 posted on 01/17/2013 12:55:10 PM PST by theBuckwheat
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To: sockmonkey

sockkmonkey, I know the doctor. He worked from 5:30 a.m. till late at night when he did the reports. He never lost a patient. What does that say about his skill?


23 posted on 01/17/2013 12:56:02 PM PST by safetysign
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To: blackdog

blackdog ~:” Why do I see a connection between Michelle Obama’s tenure on the boards of Chicago hospitals as a healthcare expert, and this good doctor? Vendetta? “

Possibly so..
I wonder if a FOIA request on Michelle’s email accounts , or Valerie Jarett’s accounts would expose who and how much influence motivated the DOJ .
Valerie has already stated publicly that the second term can be used for vengence .


24 posted on 01/17/2013 12:59:20 PM PST by Tilted Irish Kilt (Pay attention - the inmates ARE running the asylum!)
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To: Moonman62

Ya’ think? He might even be a WHITE Republican. Horrors!


25 posted on 01/17/2013 1:00:27 PM PST by HotHunt
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To: sockmonkey

sockmonkey ~:” Dr Painter and Dr Smith wanted to prove Dr Natale wrong…but in their quest to prove Dr Natale wrong…they not only proved Dr Natale right (the woman did not need surgery and she did have a patched aneurysm from the previous year )… Dr Painter at Dr Leighton Smith’s direction to operate and also to take pictures inside the woman….cost that woman her life. How awful. How irresponsible …How final “

Were Dr. Painter and Dr.Leighton Smith Democratic supporters ?
Is the a liability lawsuit pending ?
This then could be a “revenge” action , the motivation behind the DOJ’s push for incarceration .
Obviously the punishment (incarceration ) doesn’t fit the crime (clerical error ) !
Doctors frequently are narrcisists and ‘demigogues’ , and consider themselves above reproach . It’s an ego thing !!


26 posted on 01/17/2013 1:08:16 PM PST by Tilted Irish Kilt (Pay attention - the inmates ARE running the asylum!)
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To: safetysign

I don’t know. In my experience when something sounds too bad to be true it usually isn’t.

I would bet you 50 cents that there is at least one pertinent fact missing from this narrative.


27 posted on 01/17/2013 1:24:30 PM PST by DManA
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To: Tilted Irish Kilt
If you are a medical professional who is with the "Team Obama", you kill patients over 58 with chronic illness and you also kill off those under the age of 12.

Why would the state maintain an expense?

28 posted on 01/17/2013 1:24:55 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: safetysign

Wait a minute. The jury found no fraud had been committed, yet the judge sentenced him? How can this be?


29 posted on 01/17/2013 1:38:15 PM PST by The_Media_never_lie (Actually, they lie when it suits them! The crooked MS media must be defeated any way it can be done!)
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To: The_Media_never_lie

“Wait a minute. The jury found no fraud had been committed, yet the judge sentenced him? How can this be?”

Chicago politics.


30 posted on 01/17/2013 1:48:37 PM PST by safetysign
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To: The_Media_never_lie
Wait a minute. The jury found no fraud had been committed, yet the judge sentenced him? How can this be?

Because the article is incomplete. The jury found him not guilty of the most serious charge (Medicare fraud), but found him guilty of several other charges, including making false reports.

31 posted on 01/17/2013 1:49:26 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: blackdog

blackdog~:” If you are a medical professional who is with the “Team Obama”, you kill patients over 58 with chronic illness and you also kill off those under the age of 12.”

Do you remember back with the Healthcare debates going on ,
when people idealized the British sytem of healthcare ?
People were extolling the British sytem of healthcare.
It was going to be painless, available to all, tax paid !
And what did they get ??
“Pathways” , where the elderly and sick youths are being denied food and water
and encouraged to die !!
There have been over 1200 official deaths in “Pathways “ due to denial of food and water .
And now , the Brits have awakened and are turned against that system !
That’s what socialized medical /healthcare has accomoplished !
Notice how no one in the U.S. is extolling the benefits of the British sytem now ?
Not even the Brits are content , and they are trying to change the system of their healthcare
but Socialism is hard to change once you have it,
whether you want it , or not !!


32 posted on 01/17/2013 1:49:40 PM PST by Tilted Irish Kilt (Pay attention - the inmates ARE running the asylum!)
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To: sockmonkey

sockmonkey ~:” Dr Painter and Dr Smith wanted to prove Dr Natale wrong…but in their quest to prove Dr Natale wrong…they not only proved Dr Natale right (the woman did not need surgery and she did have a patched aneurysm from the previous year )… Dr Painter at Dr Leighton Smith’s direction to operate and also to take pictures inside the woman….cost that woman her life. How awful. How irresponsible …How final “

MALPRACTICE !!
Death by ego !
Indefensable !!


33 posted on 01/17/2013 1:54:46 PM PST by Tilted Irish Kilt (Pay attention - the inmates ARE running the asylum!)
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To: Wicket

Reading the comments looks as though he was railroaded; the expert witness was no expert, etc.


34 posted on 01/17/2013 2:01:01 PM PST by Rusty0604
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To: safetysign

Where the F**& is Congress?? You CANNOT put a Person in JAIL for NOT committing a Crime?? This Judge should have already been brought up for impeachment. Welcome to Nazi Germany Folks.


35 posted on 01/17/2013 2:40:58 PM PST by eyeamok
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To: Rusty0604

From Becker Hospital Review dot Com:

Hospital defends CMO’s lack of Medical License

The former CMO of Northwest Community Hospital in Arlington Heights, Ill., did not have a medical license for the duration of his eight-year tenure, but a hospital spokesperson said administration officials knew about his lack of license when he was hired, according to a Crain’s Chicago Business report.

Leighton Smith, MD, held post as executive vice president of medical affairs and CMO at the 496-bed hospital, even though his medical license expired in 1999. Dr. Smith has denied any connection between his June 1 departure from the hospital and the lacking license.

A NCH spokesperson defended the administration’s hiring decision, saying the CMO performs “an administrative function” and does not need an active medical license “because he doesn’t treat patients,” according to the report. There are no licensing requirements for CMOs in Illinois, although unlicensed CMOs are rare, according to the report.

Some experts say the lack of a medical-licensed CMO could tangle NCH’s defense in some malpractice cases, according to the report, and raise questions about the hospital’s quality of care.


36 posted on 01/17/2013 3:25:00 PM PST by sockmonkey (Of Course I didn't read the article. After all, this is FreeRepublic..)
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To: Wicket

http://www.aapsonline.org/index.php/site/article/surgeon_reports_to_prison_government_sends_message_states_aaps/


37 posted on 01/17/2013 3:59:22 PM PST by DUMBGRUNT (The best is the enemy of the good!)
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To: Rusty0604

I stand corrected. I figured Fox would have the correct info and was wrong.


38 posted on 01/17/2013 7:16:45 PM PST by Wicket (God bless and protect our troops and God bless America)
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To: DUMBGRUNT

“U.S. Attorney Amarjeet Singh Bhachu emphasized that ‘The need for deterrence is very strong in a case like this…. A message needs to be sent out to doctors.’”

It’d be a shame if U.S. Atty Bhachu or Judge Pallmeyer ever suffered an abdominal aortic aneurysm, wouldn’t it?


39 posted on 01/17/2013 7:51:01 PM PST by EDINVA
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To: EDINVA

The real problem is will a physician be available when we need one?

Will they be from a foreign school with low standards?

Will we be placed on a wait list ...


40 posted on 01/17/2013 10:03:44 PM PST by DUMBGRUNT (The best is the enemy of the good!)
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To: eyeamok

Obamacare!


41 posted on 01/18/2013 6:07:16 AM PST by safetysign
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To: safetysign

bttt


42 posted on 01/21/2013 6:52:29 AM PST by safetysign
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To: holdonnow

Free Dr. John Natale
http://james4america.wordpress.com/2013/01/15/and-so-begins-the-war-on-doctors/


43 posted on 01/21/2013 9:51:47 AM PST by sono (What Rough Beast ... Slouches Toward Bethlehem To Be Born?)
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To: sono

Keep FREEPING!


44 posted on 01/22/2013 9:11:35 AM PST by safetysign
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To: safetysign; holdonnow

What Dr. Natale needs more than anything is a “Levin Surge.”
https://petitions.whitehouse.gov/petition/pardon-dr-natale-surgeon-found-not-guilty-jury-medicare-fraud-yet-imprisoned-4-errors-op-notes-4-er/PZ2qz460


45 posted on 01/22/2013 10:41:42 AM PST by sono (What Rough Beast ... Slouches Toward Bethlehem To Be Born?)
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To: sono

Today is the 85th day of Dr. Natale’s incarceration.
https://petitions.whitehouse.gov/petition/pardon-dr-natale-surgeon-found-not-guilty-jury-medicare-fraud-yet-imprisoned-4-errors-op-notes-4-er/PZ2qz460


46 posted on 01/24/2013 4:21:38 AM PST by sono (What Rough Beast ... Slouches Toward Bethlehem To Be Born?)
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To: sono

Time the good doctor is released and pardoned.


47 posted on 01/28/2013 8:15:35 AM PST by safetysign
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To: sono

Time the good doctor is released and pardoned.


48 posted on 01/28/2013 8:15:49 AM PST by safetysign
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To: sono

Time the good doctor is released and pardoned.


49 posted on 01/28/2013 8:15:53 AM PST by safetysign
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