doc martens sale Accused doctor has history of malpractice lawsuits
District Attorney s Office filed an appeal seeking to have that bond increased to $9 million.
Court records show that Fata has been a defendant four times in lawsuits filed in Oakland County. Three of those lawsuits were medical malpractice cases, while the fourth was regarding a noncompete clause in a contract with a prior employer.
The first medical malpractice case, filed in 2007, accused Fata of misdiagnosing Rochester Hills resident Maggie Dorsey with multiple myeloma and prescribing highly toxic medications for chemotherapy with potentially dangerous side effects.
While undergoing the chemotherapy regimen, Ms. Dorsey began to suffer excruciating, intractable pain, as well as numbness, in her legs and arms, the lawsuit states.
The misdiagnosis caused Dorsey severe, excruciating, intractable pain and suffering and numbness which will continue indefinitely, the lawsuit states.
She also suffered a loss of earnings and earning capacity and incurred great medical, hospital and pharmaceutical expenses, the suit states. Her husband, Joe Dorsey, was also listed as a plaintiff in the lawsuit, claiming he suffered a loss of consortium with his wife.
Barry Singer, a Pennsylvania doctor, stated in a deposition that Fata breached the standard of care when he made a diagnosis that Maggie Dorsey had multiple myeloma when, in fact, there was no basis for making that diagnosis.
It is further my opinion that as a result of the erroneous diagnosis of multiple myeloma, Maggie Dorsey underwent chemotherapy, which resulted in severe side effects including chronic debilitating excruciating neuropathy, fatigue and dizziness, Singer stated.
In a response to the complaint, Fata s attorneys denied that Fata breached the standard of care. They also stated the complaint was inadequate, legally insufficient and defective.
The Dorseys sought a judgment in excess of $25,000. The case was ultimately dismissed with prejudice and without costs, court records show.
Another lawsuit, filed in 2009, accused Fata of failing to diagnose Carolyn Plietz with cancer in a timely manner. As a result, Plietz was subjected to the horrors of undergoing cancer treatment that would not have been necessary had she been appropriately and timely diagnosed, that lawsuit states.
Plietz began seeing Fata in 2005. She had multiple enlarged lymph nodes, a cervical mass and other medical issues in July 2005.
In March 2006, Plietz was referred to Rochester Medical Center for a CT scan, which showed that underlying lymphoma could not be totally excluded. A biopsy was suggested, but Fata did not order a biopsy, the suit states.
Another CT scan was conducted in May 2006. Again, its results suggested a biopsy, and again, Fata did not order one, according to the lawsuit.
Plietz was diagnosed with stage IV T cell lymphoma following an April 2007 visit to Beaumont Hospital. The disease had spread throughout her body and she died of non Hodgkins lymphoma on May 26, 2008.
The lawsuit, filed by Mary McCleary, personal representative of Plietz s estate, also accused Fata of failing to understand and realize that the CT findings . warranted further consideration of lymphoma as a diagnosis and failing to rule it out via tissue examination, which was required.
Plietz suffered severe and permanent personal injuries and disability prior to her death, the suit states.
Carolyn Plietz was subjected to the horrors of undergoing cancer treatment that would not have been necessary had she been appropriately and timely diagnosed. She suffered fright, shock and immense fear over her imminent loss of life.
The plaintiffs stated that a biopsy in 2006 would have detected the condition when it was still localized, and she would have had better than an 80 to 85 percent probability of five year survival or cure rather than death.
The plaintiffs sought more than $25,000 in the suit. Fata s attorneys denied that their client acted negligently.
Singer was also consulted in this case and stated that there was a 73 percent overall survival outcome for the type of lymphoma Plietz had. Fata s attorneys sought to have Singer s testimony ruled unreliable and inadmissible, citing another oncologist, as well as a study that found a 32 percent overall survival rate.
Oakland County Chief Circuit Judge Nanci Grant presided over the case and found that Fata s attorneys arguments (had) merit.
While Dr. Singer is undoubtedly qualified to testify in this area, it appears that his specific testimony is not based on sufficient facts or data, or the reliable application of principles and methods. Therefore, the testimony is inadmissible, Grant wrote.
This conclusion also implies that (Fata and his practice, Michigan Hematology Oncology Centers) are entitled to summary disposition, as Plaintiff does not dispute that the case cannot proceed to trial without Dr. Singer s testimony.
Fata was also listed as one of several defendants in a 2012 wrongful death case that has not yet been closed.
Fata is accused of failing to notify Dr. Anthony Nehra, another defendant in the suit, about Fueri s very abnormal (white blood cell count) in the days following a hysterectomy. She was referred to Fata s practice on June 29, 2009 about two weeks after initially being released from the hospital. Testing there showed that Fueri s white blood cell count was markedly elevated, but it was not reported to Nehra.