An orthopedic practice said claims that led to a spine surgeon’s reauthorization denial from the New York Workers’ Compensation Board stem from a civil lawsuit and are “baseless.”
The board’s April 15 letter denied authorization renewal for Vadim Lerman, DO, of Hempstead, N.Y.-based Total Orthopedics and Sports Medicine, on claims of “billing irregularities,” inadequate record-keeping and exposing patients to injury risks. The board’s letter outlined five of Dr. Lerman’s patient cases and claims of deviating from Medical Treatment Guidelines. In one example, the board’s letter claims Dr. Lerman went forward with an anterior discectomy and fusion without fully evaluating the efficacy of conservative treatment.
The letter was a response to a Newsday article about the practice and a civil lawsuit, Charles Ruotolo, MD, president of Total Orthopedics and Sports Medicine told Becker’s in a statement. His statement said the lawsuit misused “reckless claims” to convince the board to deny Dr. Lerman’s recertification and aimed to diminish patients’ injuries.
“Despite the brash language, this is just a civil case brought by an insurer seeking to avoid paying injured patients – nothing more,” Dr. Ruotolo said. “Unlike real criminal cases that must be approved by a grand jury before any action to be taken, lawyers in these ‘would be’ cases can go forward on their own say-so without corroboration and without identifying witnesses or evidence. Their claims are as untested as they are misguided.”
Dr. Ruotolo said the allegations are “baseless and false.”
“Our goal remains to provide high-quality, ethical care, and we are committed to treating injured workers and defending our reputation against these unfounded attacks,” he said.
