Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Retaliation Against Physicians - Richard Chudacoff, MD

June 15, 2011

Contact: Jacob L. Hafter, Esq. FOR IMMEDIATE RELEASE

Tel.: (702) 405-6700

Email: jhafter@hafterlaw.com

COURT ORDERS UMC TO VOID ANOTHER PHYSICIAN DATA BANK REPORT

LAS VEGAS, Nevada – Today, United States District Court Senior Judge Edward Reed, Jr., signed an order requiring University Medical Center of Southern Nevada to void the National Practitioner Data Bank reports filed against Richard Chudacoff, M.D. This order comes less than a month after United States District Court Judge Philip Pro ordered that the same be done for anesthesiologist, Charles Williams, M.D.

On May 28, 2008, without any notice or opportunity to be heard, the Medical Staff of UMC suspended Dr. Chudacoff’s clinical privileges. As a result of this, UMC filed a report against Dr. Chudacoff with the NPDB claiming that Dr. Chudacoff was a risk to patient safety and had inadequate skills. This lead to the virtual destruction of Dr. Chudacoff’s career. Prior to moving to Las Vegas in 2008, Dr. Chudacoff was a world renowned minimally invasive gynecological surgeon with Baylor University in Texas.

In a case that has undergone excessive litigation, last week, the Ninth Circuit agreed with Dr. Chudacoff that not only had his Constitutional due process rights been violated by this action, but he could proceed with his claims against the physician leadership at UMC. The matter has been remanded to the United States District Court of Nevada for further proceedings, including a trial not on the issue of liability, but rather on the issue of damage.

“This is a major win for Dr. Chudacoff,” stated Mr. Hafter, attorney for Dr. Chudacoff. “Once a Data Bank report is filed against a physician, it is almost impossible to overcome; it is usually the death of a physician’s career.” However, when a report is voided, the NPDB and the health care community will treat it as if it was never reported in the first place. “While this does not compensate Dr. Chudacoff for the almost four years of agony and shame he has encountered, this will allow Dr. Chudacoff to begin to work again,” stated Hafter.

On May 25, 2011, a federal jury awarded Charles Williams, M.D., another client of the Law Office of Jacob Hafter & Associates, $8.8 million in a similar case. A date for trial for the Chudacoff trial has not been set.

For more information, please call Jacob Hafter, Esq. at 702-405-6700.

Jacob L. Hafter, Esq.