UPMC and top surgeon agree on $8.5 million settlement on fraud case

Photo credit Kristoffer Tripplaar/Sipa USA

A contentious legal battle over claims a UPMC doctor put his patients at risk and defraud the healthcare system has reached a settlement.

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The Acting US Attorney announced today Dr. James Luketich and UPMC will pay $8.5 million to resolve the claims.

The  lawsuit was filed in 2019 under the False Claims Act by Dr. Jonathan D’Cunha and based on a two-year investigation.

Luketich will also undergo a corrective action plan and a third-party audit of his physician fee service billings to Medicare.

Federal authorities filed a suit in 2021 following an investigation based on allegations against UPMC and Luketich.

A former colleague claimed Luketich regularly performed as many as three complex surgeries at the same time, missed the key portions of procedures and forced patients to undergo hours of unnecessary anesthesia.

He was also accused of knowingly submitting hundreds of false claims to programs like Medicare and Medicaid.

“We’re pleased this settlement puts an end to the Government’s case. Medical schools and their hospitals have sought clarity about the billing regulation for teaching physicians at issue here for years, and the United States has never provided it," Luketich’s attorney released in a statement.

"The settlement provides a mechanism we hope will lead to authoritative guidance so that universally respected surgeons like Dr. Luketich can return their focus to training young doctors to save lives without having to put up with baseless claims of fraud," the statement concludes.

Both Luketich and UPMC are denying any wrongdoing.

Featured Image Photo Credit: Kristoffer Tripplaar/Sipa USA