番茄社区

Two Detroit area cardiologists were awarded more than $10 million after a federal judge upheld an arbitrator's decision that Detroit Medical Center (DMC) and its parent company acted with malice in firing them as retaliation for reporting violations at the facility.

Amir Kaki, MD, and Mahir Elder, MD, were medical leaders at Tenet Healthcare's DMC when they were dismissed from those positions in October 2018. Their staff privileges at system medical centers were soon discontinued as well.

The arbitrator found in their favor in December, awarding them $10.6 million and reinstating their privileges at three DMC centers. Tenet asked a federal court in Michigan to vacate that decision, , but the judge found against the company.

Tenet plans to appeal the ruling, according to reports.

"Arbitration is considered to be final and binding, but they have chosen to appeal," said Deborah Gordon, JD, a Detroit-area attorney who represented the cardiologists. "They got arbitration, they don't like the result and now they're whining about it."

Kaki and Elder reported colleagues who were allegedly performing unnecessary procedures and removing equipment from a catheterization lab, among other actions, Gordon said. According to the doctors' federal court filing, they also had complained about potentially fraudulent billing under Medicare and Medicaid.

Tenet then hatched a plan to remove Kaki and Elder beginning in June 2018, Gordon said, when they were stripped of their leadership roles. They were then fired in April 2019, but appealed internally. At two hearings, each with four hearing officers -- all DMC physicians -- support for the two doctors was unanimous. Nevertheless, DMC ruled against their appeal.

"This was retaliation," Gordon said.

They soon contacted Gordon, who initially filed against Tenet in federal court. Tenet successfully pushed the case to an arbitrator.

Kaki and Elder now work together at Heart & Vascular Institute, a six-provider practice with three Detroit area offices, according to the practice's website.

Kaki and Elder have regained their medical privileges for at least one year at the DMC centers Sinai-Grace, Harper and Hutzel. When asked if they plan to take advantage of those privileges, Gordon replied: "I certainly hope so; that's the plan."

The arbitrator also awarded $624,000 in attorney's fees, plus $110,000 as sanctions for Tenet's "discovery abuses" during the legal process, .

DMC declined to answer specific questions from 番茄社区, responding instead with an emailed statement: "Our mission is to provide patients with compassionate, high quality and innovative heart and vascular care led by a strong and capable team of physicians and staff."

Tenet and its subsidiaries previously paid out $1.8 billion in penalties from 2000 to 2020, , which tracks companies' violations. This sum includes two other cases involving DMC.

Another pending case involving DMC was brought by four nurses who filed a lawsuit in June seeking $25 million each in compensation for alleged wrongful discharge, retaliation against whistleblowers, and intentional and/or reckless infliction of emotional distress.

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