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DIGITAL ISSUES
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Outpatient Surgery Magazine Digital Edition
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FEBRUARY 2015
 +
Patient-Centered Care
 +
Patient-Centered Care
 +
Home >  News >  January, 2012
 +
ASC Sale Brings $8.8M Verdict for Slighted Physician-Investor
 +
Partners convinced him to sell by lying about center's Medicare approval.
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 +
Published: January 27, 2012
 +
 +
Category: Surgical Facility Administration > Legal & Regulatory
 +
A California jury has awarded $8.8 million in damages to a physician-investor whose partners in an ASC venture tricked him out of his share of the center's
 +
earnings.
 +
 +
Daniel Taheri, MD, co-owned a dermatology practice with  when the pair decided to open the Thousand Oaks Surgery Center. brought in anesthesiologist and pain
 +
management practitioner , as a third partner.
 +
 +
While the new facility won accreditation and eventually gained Medicare's approval, told Dr. Taheri that it had failed to meet Medicare's standards and could not
 +
function as a surgery center. The center would be worthless to the physicians, he said, but Dr. Hersel would be able to use the space for other purposes.  to join
 +
him in selling his shares in the venture to  at a loss.
 +
 +
Dr. Hersel bought the partners out. Six months later,  repurchased 50% of the center without telling Dr. Taheri, who learned 2 years after  investment that the
 +
center had been open, and wildly profitable, all along. Dr. Taheri sued and Hersel and the center for fraud and breach of fiduciary duty.
 +
 +
In his response to the lawsuit,  explained that he'd reinvested in the center only to keep it afloat. Pre-trial investigations revealed, however, that his cash had
 +
gone into Dr. Hersel's pockets, as the center had $200,000 in its coffers and had turned a $16 million profit in its first 3 years.
 +
 +
also argued that  had been required to sell his shares in the center due to a disciplinary agreement he'd signed with Blue Cross of California over billing
 +
discrepancies. Dr. Taheri blamed the billing issues on Dr. Khadavi, however, and noted that the insurer's agreement only required him to stop practicing with Dr.
 +
Khadavi, not to drop his ownership shares.
 +
 +
The trial jury ordered the defendants to jointly pay  $8 million in compensatory damages, reflecting his lost earnings in the center. It also ordered  in punitive
 +
damages. These awards were upheld on appeal.
 +
 +
attorney declined comment.  did not respond to requests for comment.
 +
 +
Leigh Page
 +
 +
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Also in the News...
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Court Backs Hospital's Firing of Employee Who Refused to Work With Difficult Doc
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Check Your Ketorolac Tromethamine
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FDA Orders Maquet to Temporarily Suspend Manufacturing at N.H. Facility
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Blinded Patient Sees $21.8M Verdict
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Other Articles That May Interest You
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Fatal Cataract Sedation Results in $2.1M Settlement
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Patient "inexplicably left alone" and unmonitored before surgery.
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3 lessons learned from a $5M whistleblower settlement.
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Legal Update: Is It Safe to Say You're Sorry?
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Communicating adverse outcomes can be complicated.
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Latest revision as of 07:15, 28 February 2015

Save the Date

OR Excellence 2015 October 13-16, 2015 Marriott Rivercenter, San Antonio, TX.

HomeThis MonthE-Weekly NewsletterNewsArticle ArchiveSecond OpinionsSearch:Submit Advertisements

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advertiser banner DIGITAL ISSUES Outpatient Surgery Magazine Digital Edition FEBRUARY 2015 Patient-Centered Care Patient-Centered Care Home > News > January, 2012 ASC Sale Brings $8.8M Verdict for Slighted Physician-Investor Partners convinced him to sell by lying about center's Medicare approval.

Published: January 27, 2012

Category: Surgical Facility Administration > Legal & Regulatory A California jury has awarded $8.8 million in damages to a physician-investor whose partners in an ASC venture tricked him out of his share of the center's earnings.

Daniel Taheri, MD, co-owned a dermatology practice with when the pair decided to open the Thousand Oaks Surgery Center. brought in anesthesiologist and pain management practitioner , as a third partner.

While the new facility won accreditation and eventually gained Medicare's approval, told Dr. Taheri that it had failed to meet Medicare's standards and could not function as a surgery center. The center would be worthless to the physicians, he said, but Dr. Hersel would be able to use the space for other purposes. to join him in selling his shares in the venture to at a loss.

Dr. Hersel bought the partners out. Six months later, repurchased 50% of the center without telling Dr. Taheri, who learned 2 years after investment that the center had been open, and wildly profitable, all along. Dr. Taheri sued and Hersel and the center for fraud and breach of fiduciary duty.

In his response to the lawsuit, explained that he'd reinvested in the center only to keep it afloat. Pre-trial investigations revealed, however, that his cash had gone into Dr. Hersel's pockets, as the center had $200,000 in its coffers and had turned a $16 million profit in its first 3 years.

also argued that had been required to sell his shares in the center due to a disciplinary agreement he'd signed with Blue Cross of California over billing discrepancies. Dr. Taheri blamed the billing issues on Dr. Khadavi, however, and noted that the insurer's agreement only required him to stop practicing with Dr. Khadavi, not to drop his ownership shares.

The trial jury ordered the defendants to jointly pay $8 million in compensatory damages, reflecting his lost earnings in the center. It also ordered in punitive damages. These awards were upheld on appeal.

attorney declined comment. did not respond to requests for comment.

Leigh Page


Also in the News... Court Backs Hospital's Firing of Employee Who Refused to Work With Difficult Doc CRE Superbug Sickens 7, Kills 2 in Los Angeles Hospital Surgical Tech Believed Cell Phone Was Implanted Inside His Brain Check Your Ketorolac Tromethamine FDA-Rejected Knee Replacement Device Used in Thousands of Surgeries FDA Orders Maquet to Temporarily Suspend Manufacturing at N.H. Facility Blinded Patient Sees $21.8M Verdict


Have an account? Please log in: Email Address: Remember my login on this computer Submit DID YOU SEE THIS? Sharps and Sharps Safety These Safety Sharps are Color-Coded Advertisement advertiser banner Other Articles That May Interest You

Fatal Cataract Sedation Results in $2.1M Settlement Patient "inexplicably left alone" and unmonitored before surgery. Legal Update: Price Your Physician Buy-Ins With Care 3 lessons learned from a $5M whistleblower settlement. Legal Update: Is It Safe to Say You're Sorry? Communicating adverse outcomes can be complicated.

About Us Advertising | Article Archive | Contact Us | Current Magazine | E-Weekly Newsletter | Privacy Policy | Resources | Site Map | Subscriptions | Unsubscribe | Videos

Surgical Services Cataract Surgery | Colonoscopy | ENT | Electrosurgery | Eye Surgery | Gallbladder Surgery | Gastric Band Surgery | Gastric Bypass Surgery | Gastric Sleeve Surgery | Gastroenterology | General Anesthesia | General Surgery | Gynecology | Heart Surgery | Hernia Surgery | Laser Cataract Surgery | Neurosurgery | Office Surgery | Orthopedics | Pain Management | Pathology | Plastic surgery | Podiatry | Regional Anesthesia | Reproductive Health | Robotic Surgery | Sinus Surgery | Spine Surgery | Tonsillectomy | Urology

Surgical Facility Administration Accreditation | Avoid Medical Malpractice | Benchmarking | Coding, Billing & Collections | Credentialing | Efficiency Tips | Healthcare Information Technology | Hospital Construction | Implants | Infection Control | Legal & Regulatory | Medical Equipment | Nurse Management | Nurse Recruitment | Patient Management | Patient Safety | Personal Safety | Product Reports | Professional Services | Selling a Surgery Center | Surgery Business | Surgical Cost Management | Surgical Instruments | Surgical Supplies | Surgical Waste Management | Sustainability | Video and Imaging Equipment

Outpatient Surgery News and Trends Business Management | General Surgical News and Reports | Health Care Regulation | Humor and Jokes | Ideas and Tips | Opinions and Editorials | Reimbursement News | Surgical Benchmarks | Surgical Device Recalls | Surgical Malpractice | Surgical Research | Surveys and Polls Choosing Viagra vs Generic Sildenafil The active ingredient Sildenafil is available in Pfizer branded Viagra or the generic form. Since July 2013, the Pfizer's patent on producing Viagra ended allowing Viagra to be produced in its generic form Sildenafil by other manufacturers. Generic medicines meet the same standards of quality, safety and efficacy as the original brand but are available at a lower price. Medically there is no difference between the two. Viagra and adult xxx sex toys low cost!

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