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Cancer Patient Sues Oncologist Accused of Massive Medicare Fraud

In a lawsuit filed in Oakland County Circuit Court, William Durst's attorney claims Dr. Farid Fata breached several accepted standards of practice.

Dr. Farid Fata, whose Medicare fraud trial is scheduled to begin in August, faces more legal problems in a civil suit filed by one of his former patients. (Screenshot)
Dr. Farid Fata, whose Medicare fraud trial is scheduled to begin in August, faces more legal problems in a civil suit filed by one of his former patients. (Screenshot)

A disgraced Michigan oncologist already under federal indictment for federal Medicaid fraud has more legal battles ahead after former patient filed a civil lawsuit against him for subjecting him to “excessive chemotherapy.”

Jeffrey Stewart, an for William Durst filed the lawsuit against Dr. Farid Fata in Oakland County Circuit Court, The Daily Tribune reports.

In the Medicare fraud case filed in federal court, the government alleges that Fata intentionally misdiagnosed patients and prescribed grueling chemotherapy and other treatments in money-making scheme. The federal Medicare trial is scheduled to begin in August.

An audit of federal Medicare payments earlier this year showed Fata to be one of the nation’s highest-paid physicians.

In January 2012, Durst began a series of treatments his attorneys argued breached several standards of practice.

“The most significant breach was in the fact that he initiated chemotherapy prior to the start of radiation therapy, even though there is no demonstrated benefit to initiating chemotherapy prior to the start of radiation for the kind of cancer that the plaintiff had; not continuing it after the radiation ceases,” according to the lawsuit.

The lawsuit is the first filed in civil court against Fata. Named with him as defendants are Michigan Hematology-Oncology and  Crittenton Cancer Center, V. Elayne Arterberry and Michigan Radiation Associates.

Stewart is seeking damages against all defendants for his client.

Fata’s attorney, John Toth, filed a response denying negligence “in any manner whatsoever” and said  “that any and all of the care and treatment rendered by them in all respects complied with the applicable standard of practice.”

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