Unnecessary Surgeries by Cardiologist Gandhi Puts Patients at Risk and Spurs Lawsuits and an Investigation
Attorneys from Theodoros & Rooth, P.C., and CohenMalad, LLP, who obtained a global settlement for their 288 clients against former Merrillville ENT surgeon, Mark Weinberger, and attorney, Paul A. Rossi, of the Law Office of Paul A. Rossi, LLC, are joining forces and are representing clients and investigating medical malpractice claims against Dr. Arvind Gandhi, a Lake County cardiologist, and the Munster Community Hospital.
One of their clients, Gloria Sargent, was treated by Dr. Gandhi in late 2006 for a cardiomyopathy. Despite having received an implant cardiac defibrillator (ICD), a device similar to a pacemaker, nine months prior to her visit with the physician, Dr. Gandhi recommended that she allow him to implant an “upgraded” device. The unnecessary surgery did not go well at all, and Ms. Sargent ultimately underwent a heart transplant.
“He hurt me physically and I may not have had to have the heart transplant so soon, or at all, if it hadn’t been for him,” said Sargent.
Under Indiana law, Sargent’s claim had to be presented to a Medical Review Panel consisting of three doctors. At the Panel, Sargent claimed that Dr. Gandhi was negligent in performing an unnecessary surgery for which he was improperly credentialed by the Munster Community Hospital. The physicians on the Medical Review Panel unanimously found that Dr. Gandhi was negligent because Sargent didn’t need the “upgrade”.
Another client, Raymond Kammer, was 25 when he met Dr. Gandhi at the Community Hospital where he was admitted to the emergency room for shortness of breath and lower extremity swelling. Dr. Gandhi again recommended the implantation of an ICD without first attempting more conservative treatment, like medications. Despite the fact that another Community physician recommended against the implantation device, Dr. Gandhi convinced Kammer to undergo the procedure. Again, the Medical Review Panel unanimously found that Dr. Gandhi committed medical malpractice by recommending and implanting the device.
“He pretty much advised that if I didn’t get this done I run the risk of dying a quick death. This has affected me personally, it’s affected my family and I can’t imagine what he’s done to the lives other patients he has treated,” said Kammer.
A separate whistleblower lawsuit filed in the federal court in Hammond, Indiana, alleged that Dr. Gandhi perpetrated fraud against the U.S government by unnecessarily implanting defibrillators and pacemakers into patients who did not meet the criteria for these devices. The suit was also brought against the Munster Community Hospital for allowing improperly credentialed cardiologists to implant and bill for unnecessarily implanted devices.
“The pain and suffering that these two patients have gone through as a result of Dr. Gandhi’s negligence is incomprehensible,” stated David Cutshaw of CohenMalad, LLP.
“Doctors are not supposed to do harm; they are not supposed to subject patients to the risks of heart surgery unnecessarily. It is unknown at this time just how many other patients have had unnecessary surgeries at the hands of Dr. Gandhi. My prior investigation and discoveries into Dr. Gandhi and Munster Community Hospital as it relates to Mr. Kammer and Ms. Sargent lead me to be very concerned for many others,” added attorney Paul Rossi, of the Law Office of Paul A. Rossi, LLC.
Barry Rooth of Theodoros & Rooth, P.C. commented, “It’s interesting that Dr. Gandhi was ranked as number 19 out of 22,241 cardiologists in terms of Medicare billings in 2012. Based upon the cases of Ms. Sargent and Mr. Kammer, in addition to the allegations of the whistleblower lawsuit, it’s clear that this situation needs to be investigated to determine the true nature and extent of the problem. Dr. Gandhi’s patients deserve answers. We hope that those that have concerns step forward.”
Attorneys at Theodoros & Rooth, P.C., CohenMalad, LLP, and the Law Office of Paul A. Rossi, LLC, will be investigating claims of complications and serious injuries made by Dr. Gandhi’s patients.
