Tenet Healthcare Scandal

Introduction Over the years, the health aid industry has bearne through with(predicate) an exponential growth despite the tremendous market pressure. te profits health care plenty is among the some plaques that the struggle for a put down in the health care industry (Klaidman, 2010). However, this struggle has contributed to a series of ratified and estimable filths that submit largely changed the reputation of the comp some(prenominal). Based on theoretical and virtual(a) explanations, this paper seeks to critically analyze one of the well-nigh recent poop involving doctors at belief healthcare who carried push through un infallible heart surgeries on patients.An Overview of the Company This corporation was established in 1967 illuminateher the name field medical examination Enterprises by three lawyers and headquartered in Los Angeles, California. In its early years, the byplay policy of the company was mainly foc apply on building and acquiring medical chec kup facilities and related function in order to address the ontogeny medical demands in the new market. In the late 1980s, the company change into specialty hospitals such as building nursing homes, and refilling centers among separate developments (Klaidman, 2010). belief health care before the indignationFollowing a series of fraud and effectual troubles, the company changed its name to article of faith Healthcare familiarity in 1994 whose headquarters is base in Dallas. dogma Healthcare operates a subprogram of hospitals and opposite healthcare facilities that are mandated to provide health care services to its customers. It is congenital to mention the services provided by dogma Healthcare are conducted through its subsidiaries (Klaidman, 2010). tenet Healthcare connection owns and operates 69 acute-care hospitals, which provides services to urban communities in 13 call forths, in the United States.Some of the services provided by the company let in acute car e, respiratory therapy services, clinical laboratories, operating and rec everyplacey rooms, pharmacies and intensive care (California Nurse, 2002). The involvement of the company in recent sound and monetary troubles has contributed to the move of packets of article of belief Healthcare, from over $50 a share in 1994, to $8 a share today. The involvement of the company in a digit of scandals contributed to the reduced kales in the 1990s. Nevertheless, a way out of hanges in the perplexity of the company following the appointment of Jeffry Barbakow as the chief executive in 1993 contributed to the recovery of the company (Klaidman, 2010). For six years, principle Healthcare Corporation tried to consolidate its position in the healthcare industry by buying hospitals around the country. This move contributed to the strong recovery that saw tenet healthcare redeeming itself from a $425million loss in 1994 to a $302 million profit in 2000 (Taylor, 2005). The Unnecessary Cardia c Procedures Scandal Individuals or firms who knew about, participated in or condoned the behavior.Several individuals were linked to the scandal and specifically the physicians who were recruiting patients by paid them. This means that most of the employees and especially physicians knew about the scam. Moreover, Tenet had been performing poorly in cost of finances, and this has been noned to be one of the reasons that prompted the company to enter into corrupt deals. During the ultimo decade, Tenet Health Care Corporation has faced scandals pertaining to legal and pecuniary matters. Its image had been tarnished, and thus a spell of its customers were compelled to seek medical services elsewhere.Moreover, it had influenced the number of uninsured citizens and reduced employer insurance cover. This gave rise to an excess number of individuals who were unable to cater for their medical services and hence resulted in a significant drop in Tenets market. The scandal erupted in October 2002 following allegations from hundreds of patients who believed that many of the heart operations done to patients at the Redding hospital, in California were redundant. After a series of investigation, it was found that Dr. Chae Moon and his tete-a-tete Dr.Fidel Realyvasquez had allegedly carried out a number of cardiac procedures that were neither necessary nor indicated in the reports of over 700 patients. How was the scandal unveil and by whom The scandal was uncovered when one of the patients, John Corapi, a 55-year old priest visited Redding medical concenter in California for a medical checkup. After consultation with Dr. Moon, Corapi was told that he needed an emergency heart bypass surgery. However, Corapi was non satisfied with the recommendation make by the two doctors (Taylor, 2005).It was at this point that he indomitable to seek for more opinion from five cardiologists who gave him a take issueent dissolving agent from the one given by the two docto rs at tenet Healthcare Corporations Redding Medical Center. According to the cardiologists, Corapi did non require a heart surgery contrary to the opinion given by the doctors at the Redding Medical Center. After reporting his fictional character to the FBI, the federal authorities revealed that, hundreds of medical records of surgical patients did not support the need for surgery procedures (The Spark, 2002).Furthermore, when the scandal was uncovered, it was revealed that many patients had become victims of redundant cardiac surgeries that left them with complications. According to Klaidman (2010), many patients suffered from a myriad of complications including stroke, heart attack and paralysis. As a result, many of the patients who had undergone extra surgery now require assisted living and 95 of the patients succumbed to death. For that reason, the plaintiffs sued Tenet Healthcare Corporation for fraud, negligence, battery and elder abuse, since most of the patients ranged surrounded by 65 to 90 years of age.Additionally, the e domains of the 95 patients who died sued the company for wrongful deaths (The Spark, 2002). Once the scandal was discovered, the investigation of FBI agent led by Michael Skeen invaded Tenets Redding Hospital that is based in California. The FBI found out that most of the patients who were required to undergo cardiac operations had not fully qualified. In light of this, a number of the patients hearts were in superb condition. After the FBIs probed, it carried shape up examine with an aim of authenticating the validity of the truth concerning the matter before taking further action.What did they do with the information they uncovered? The information gathered by the FBI was used to sue the physician allegedly associated with the scandal. Tenet as a corporation was not super charged. It gave the California State together with the federal presidency over $50 million (Bejjani et al. , 2006). Additionally, Tenet Healthcare ov erly paid an additive $395 million to over 700 patients in order to square litigation for the unnecessary surgeries (Taylor, 2005). How did the company reactedThe need to change its image led to a number of reactions from the company. First, the company reacted by stating that, it was not involved in the scandal based on the point that, it was the doctors who were responsible for healthcare and not the hospital. In this instance, it implied that save the patients implicated were under investigation and not the hospital (The Spark, 2002). It can be mentioned that, the company had nurtured a culture where fraud could easily be perpetrated without any serious actions beingness under taken.Following this scandal, the affected patients received their compensation. On the other hand, the company decided to sell Redding Medical Center which was later renamed Shasta Regional Medical Center (California Nurse, 2002). Despite the feature that the scandal involving Tenet Healthcare Corpor ation did not preclude immoral or well-mannered charges against individuals, the company concur to requital the fine in order to settle the allegations poised in the unnecessary heart surgery scandal. This implies that there was no civil test in this case.According to Currier and Eimermann (2010), civil running refers to a judicial system of law proceeding where the test makes a deliberation about who wins. In this case, the judge examines the establish provided in order to make a decision on whether the defendant should be held legally responsible for the allegations put forward by the plaintiff (s). Civil cases usually involve civilians and organizations. On the other hand, a criminal trial refers to a court of law proceeding that is intended to settle criminal cases.In this case, the government can sue a person on allegations of certain criminal activities. Additionally, the justice remains to be a primary(prenominal) aim of criminal trials, as opposed to civil trial, which usually seek to achieve a resolution to the dispute (Currier &038 Eimermann, 2010). With that said, there was no civil trial following the decision by the company to pay a fine to the government and the state of California and later an immense come as compensation to the affected patients.Even though, this scandal was revealed in 2002, it is said that it had taken place since the early 1990s. Therefore, many people became victims of this scandal (Taylor, 2005). First, the main stakeholders were today or indirectly affected by the allegations based on how it calico badly on the corporate image of the company. Additionally, over 700 patients and their families were subjected to emotional, psychological and financial problems. The huge charges for the heart surgery required patients to pay a roundabout of silver in the form of medical bills (Klaidman, 2010).The shareholders were also affected because the share of the company dropped from $50 per share in 1994 to $8 in 2002. Lastly, the fighting and professional qualifications of the two doctors were also questioned thus making it difficult for them to make employment in the future (The Spark, 2002). The case of Tenet Healthcare Corporation signifies the negative implications of scandals on the management of an organization. As mentioned earlier, the company has been burdened by financial and legal troubles repayable to its involvement in a number of fraud and scandals.In the end, the company suffered from the loss of public trust, investors confidence and dwindling financial performance. The future of the company depends on how it will use its past in order to redesign its present as the second largest company in the US healthcare industry. How much money did the plaintiffs receive, other agreements As mentioned, reimbursement was made available to the government, patients and their loved ones. Towards the end of 2004, Tenet agreed that it would pay the patients who had been victims of the unnecessa ry heart surgeries over $395 million. Do you feel it was fair?There capture been many instances of corporations deciding to continue unsafe practice because they calculate that not all of the number of people injured will bring legal action. Furthermore, the people who sue are not guaranteed a victory in court or can be settled out of court, for farthermost less than a jury will award. With that said, no get along of money can bring the dead back. I think that the amount was not a fair one due to the fact that those doctors knew what they were doing. I do not agree with the reimbursement and I do not think the amount was fair because the families of the victims had to face a lot of pain.Some of the pain and suffering ready expenses associated with the death (medical &038 funeral), mental anguish to the survivors, Companionship, Loss of care and Loss of net income in the future. Background Tenet Healthcare formerly was named National Medical Enterprises, ranks as the second larg est hospital chain in the United States. The organization owns about 114 acute care hospitals and related businesses in 16 states. vaunting with over 57, 000 active personnel and over 13, 000 certified hospital beds, Tenet Healthcare Company is a force in the United States healthcare delivery industry.Awarding doctors with financial incentives as payment for their support has been ruled out under the states stark laws however, the marketplace cites this as a necessary form of clinching and maintaining that support. Tenets hospitals stand accused of paying doctors for referring clients to them as a means of keeping their support. Illegal behavior The outlaw(prenominal) behavior was its defrauding of its stakeholders who came to seek medical treatment (Wynne, 2008). The doctors admitted excessive numbers of patients being fully aware that their capacity was lower.The doctors were also aware of the poor conditions in the hospitals but still went ahead to admit patients. In what type of court was Tenet Healthcare tried? The Tenet Healthcare scandal trial took place at the Supreme Court of Appeal in St. Louis atomic number 49, (circuit court) (Browers, 2012 &038 The national Reporter. , 1997). All the trials including subsequent appeals took place in Court of Appeals, in St. Luis, Indiana United State The case was forwarded to the superior court in San Diego under the presiding attorney, Carol C. Lam where Tenet subsidiaries were indicted, while Nazaryans case was filed in the U.S. District Court (Wynne, 2007). After the case broke out, The federal toilet table of Investigation (FBI) broke into one of Tenets hospitals in San Diego, the Alvarado Hospital, and charged its administrator of 10 years. The charges were brought against Tenet Healthcare In the master key indictment, Tenet Healthcare was aptly accused of fraud that was inclusive of illegally admitting psychiatrical patients to the institutes and hiking their charges (inflating the cost of admission and administration of medicine (Wynne, 2007). Provide key exposit about the trial and provide a timeline of key trial events.After the rapacious of the Redding hospital by the FBI agents in October 2002, it was revealed that Tenet Healthcare Corporation performed remote and unnecessary surgeries on patients and also overbilled patients beyond the standard Medicare rates. As a result, a legal suit was initiated against the Corporations. The trial pitted Federal government of the United States versus Tenet Healthcare Corporations. As alleged by the government, the Corporations admitted patients who did not qualify for admission in rehab facilities.This took place between May 15 2005 and December 31 2007. Besides this inappropriate admission, they were charged with soliciting high replenishment fees. This was the qui tam claim that allowed William Meshel and Man Tai to establish a legal suit against the Corporation on behalf of the Federal government. In May 2006, Tenet went to cour t to dismiss these claims. Did Tenet Healthcare enter into a exculpation contracting agreement? If so, to what charges did he/she plead guilty? If not, what were the final charges? Did they differ from those in the real indictment?What was the verdict? After the government ignore the claims of the appellant since they had zero impact on the pre-existing investigations of the government, an agreement bargain was reached with the government but the other suit remained pending. The other settlement between the government and Tenet Healthcare concerned 165 hospitals nationwide. A sum-up judgment was moved on April 2007, which included the appellant as the original source of the case. The summary judgment was made in favor of the Federal government.As a result, Tenet accepted to pay the fines of overbilling of Medicare within its facilities after appeal guilty to the charges. What was the sentence? Did you feel it was fair? Justify our position. Tenet Corporation was guilty of over billing, but the appellant who established the suit were unqualified to do so on the terms of qui tam. This was simply because they did not possess single-handed and original knowledge of Tenets fraudulent activities and practices in Medicare. Consequently, Tenet had undertaken the responsibility of reparations of damages to both the government and its patients.This sentence was not fair. Tenet had more liabilities on top of Medicare overbilling. A large number of its patients died due to unnecessary surgeries and rehabilitations. The appellant, acting in the public interest, had the right to make their case heard for justice to be done, something which the district court denied and dismissed. Did they differ from those in the original indictment? What was the verdict? They did not differ much from the original indictment in that they were the same issues that were evidenced in the first indictment overbilling and malpractice.The verdict was arrived at after Tenet pleaded guilty of overbilling its Medicare and admitting stable patients into the rehabilitation facilities. Tenet Healthcare Corporation was, therefore, found guilty of overbilling its medical services. It was also found that the qui tam of the two appellants was not tenable due to the fact that they were not the primary source of such information. The information was already in the public domain when they moved to court. Did Tenet Healthcare appeal? If so, on what grounds did he/she base the appeal?Tenet Healthcare corporations did not appeal in this case since it had passed a compromise with the government to pay the fines, an action that was supposed to redeem the image of the health care sector and to serve justice to the victims. Did Tenet Healthcare agree mens rea and actus Reus? Justify your position Yes. This is because they had agreed to settle the fine, which is a sign of accepting that their activities were not refreshing and went against the law. They, therefore, accepted the liabili ty of their profit-driven actions.The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus Reus and the accompanied mental state is called the mens rea. Moreover, it is the profound duty of the prosecution to prove both of these elements of the offense to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof, the defendant will be acquitted.According to Cheeseman (2010) actus Reus is guilty act, which is the actual performance of a criminal act and mens rea is evil intent the possession of the requisite state of mind to commit a prohibited act. What constitutional protections do your subjects have? Equal protection and right to appeal for the accused and plaintiff, by the case brought against either party (Mann, 2008). The Tenet criminal trial encompasses several cases and conspira cies charged against the Tenet Healthcare Corporation. References Brown, G. (2012). The trait &038 style approach to leadership. Houston Chronicle.Retrievedfrom http//smallbusiness. chron. com/trait-style-approach-leadership-21103. html Cashen, L. H. (2009). Pressures for the insane asylum of a more independent board of directors inthe post-restructuring period. Academy of Accounting &038 fiscal Studies Journal,1357-72. DATAMONITOR Tenet Healthcare Corporation. (2011). Tenet Healthcare CorporationSWOT Analysis, 1-8. Jackson, R. A. (2009). Keeping your reputation clean. interior Auditor, 65(3), 38. Jones, D. (2007). Combining Disciplines Making the Connection between Compliance, Risk,and Quality Management. Journal of Health Care Compliance, 5-12.Lievens, F. , Geit, P. , &038 Coetsier, P. (1997). Identification of transformational leadershipqualities An examination of potential biases. European Journal of spirt andOrganizational Psychology, 6(4), 415-430. Reiman, T. , &038 Oedewal d, P. (2002). The assessment of organizational culture Amethodological study. Retrieved fromhttp//www. vtt. fi/inf/pdf/tiedotteet/2002/T2140. pdf Rundle, R. L. (2008). Worst 5-Year Performer Tenet Healthcare. paries Street Journal. Retrieved from http//online. wsj. com/article/SB120371036978986415. html Tenet Agrees to Settle Lawsuits with Cardiac Patients. 2005). hfm (Healthcare FinancialManagement), 59(2), 27. Tenet Healthcare Corporation. (2008). Tenet Healthcare Corporation SWOT Analysis, 1-9. Tenet Healthcare scandal Part of a health care system that kills for profits. (2002). Spark. Retrieved from http//the-spark. net/np692605. html Tenet Health System Medical. (2012). Mission and values. Retrieved fromhttp//www. tenethealth. com/about/pages/missionandvalues. aspx Vrana, D. (2003). Barbakow cease as Tenets CEO. Los Angeles Times. Retrieved fromhttp//articles. latimes. com/2003/may/28/business/fi-tenet28 California Nurse, (2002).Tenet Healthcare the cheesy side of a dysfunct ional system. California Nurse, 98(8)6-8. Currier, K. A. , &038 Eimermann, T. E. , (2010). Introduction to paralegal studies a criticalthinking approach. New York Aspen Publishers. Klaidman, S. (2010). coronary thrombosis A True Story of Medicine asleep(p) Awry. New York Simon &038Schuster publishers. Taylor M. , (2005). Tenet settles Redding case. Modern Healthcare, 21, 35(47)20. The Spark (2002). Tenet Healthcare scandal Part of a health care system that kills forprofits. Retrieved on 12 September 2012 from http//the-spark. net/np692605. html. California Nurse, (2002).Tenet Healthcare the seamy side of a dysfunctional system. California Nurse, 98(8)6-8. Currier, K. A. , &038 Eimermann, T. E. , (2010). Introduction to paralegal studies a criticalthinking approach. New York Aspen Publishers. Klaidman, S. (2010). Coronary A True Story of Medicine Gone Awry. New York Simon &038Schuster publishers. Taylor M. , (2005). Tenet settles Redding case. Modern Healthcare, 21, 35(47)20. The S park (2002). Tenet Healthcare scandal Part of a health care system that kills for profits. Retrieved on 12 September 2012 from http//the-spark. net/np692605. html.