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Dr.
Lauersen, the
author of many books on women's health: It's
Your Body, It's Your Pregnancy; Getting Pregnant;
Listen to Your Body; and PMS: Premenstrual
Syndrome and You; and hundreds of medical
papers.
There is no question that his charismatic persona helped him to establish a model practice for
women's health care. His patients come from all sorts of socioeconomic backgrounds, The rich and famous that have consulted with Dr. Lauersen. His TV appearances include Phil Donahue, Maury Povich and Geraldo
Rivera, who named him "the Dyno Gyno." (Geraldo's wife was a patient of Dr. Lauersen's.) Never turning a patient away, Dr. Lauersen always attempted to help every patient who came to him. Many were
patients that had been turned away by other physicians for lack of insurance.
As stated in New York Magazine; Dr. Lauersen needs the public to understand "I don't date patients, but a lot of my patients
are wonderful and beautiful. "
How did a nice guy like Dr. Niels Lauersen end
up in such a mess? Sometimes, it just has to
do with being too much of a nice guy. Many ask
how ? Throughout his career Dr. Niels Lauersen
never turned any patient away from his office.
Allegations of misconduct came from the
many hospitals where he had once practiced medicine,
filling the nursery's with newborn babies. Why
was Dr. Lauersen being accused of practicing
bad medicine?
The first cause was sparked by the merger of
Mount Sinai, Columbia-Presbyterian and their affiliate partners into the New
York Medical University Merger in the late 1990's. To date the hospitals acquisitions are being monitored by the government to see if
Anti-Trust Violations develop and if so what corrective actions are required.
The second cause was a result of Dr. Lauersen's
patient advocacy.On many occassions, he went
directly to the Hospitals Board of Trustees in
support of medical resources he felt critical
to providing proper patient care.
Interestingly
enough, Dr. Lauersen federal investigation
for improper billing practices, began at
the same time N.Y.U. Medical Center and Blue
Cross/Blue Shield were negotiating a Corporate
Integrity Agreement with the Inspector General's
Office with the United States Department
of Health & Human Services for similar
allegations as those against Dr. Lauersen.
On the USDOJ website, a 1997 article states
the following: " Research Grant Fraud
-On April 7, 1997, in the Southern District
of New York, New York University Medical Center
(NYU Medical Center) agreed to pay $15.5 million
to resolve civil liabilities arising from charges
that it submitted false information to the
government, resulting in the over-recovery
of federal funds for indirect costs
associated with NYU Medical Center's federally
sponsored organized research grants, contracts,
and other agreements for the fiscal years 1984
through 1993, and with its indirect cost rate
for fiscal years 1994 through 1997. This settlement
is unique because it combines a multiple damage
recovery under the FCA, with a rate negotiation
that typically is handled by the HHS' Division
of Cost Allocation for a separate period
of time. The qui tam suit was filed in December
1993 by a former NYU Medical Center employee,
who will receive $1.5 million of the settlement
proceeds.
The Office of Inspector General (OIG) often
negotiates compliance obligations with health
care providers and other entities as part of
the settlement of Federal health care program
investigations arising under a variety of civil
false claims statutes. A provider or
entity consents to these obligations as part
of the civil settlement and in exchange for
the OIG's agreement not to seek an exclusion
of that health care provider or entity from
participation in Medicare, Medicaid and other
Federal health care programs. False claims
submitted in violation of the False Claims
Act or Civil Monetary Penalties Law give rise
to the OIG’s permissive exclusion authority
under 42 U.S.C.1320a-7(b)(7). Providers who
settle these cases often deny that they were
liable or that they committed the alleged conduct.
Now many of Dr. Lauersen's adversaries could
bring their power to bear on a doctor they wanted
out of the system. Was Dr. Lauersen left along
on those occassions he was working in the hospital
and required support? Where the unfortunate deliveries
not Dr. Lauersen's fault but the hospital's failure
to
respond appropriately? Was his resignation from
Lenox Hill Hospital a coincidence occurring in
the middle of the government settlement and N.Y.U.'s
hospital mergers? Or a carefully planned scenario
by the New York University Medical Center (NYU
Medical Center) to set an example for all those
doctors who were to get their pink slips when
the merger was complete? Where many of the records
seized from Dr. Lauersen's office
planted by Dr. Neil Ratner?
There is no doubt Dr. Niels Lauersen was a good
doctor. One of the world's best surgeons, leader
in his field, but was he setup? Were his constitutional
rights violated? And if so how?
Click Here to read about The
Case...
And
Click Here to read The Case
Law
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