Virginia Judge Halts Conspiracy Claims Against Carilion Clinic

A judge has halted a lawsuit claiming that Carilion Clinic's management and employees conspired to put financial business ahead of patient care, according to a Roanoke Times report.

The lawsuit was filed by Ronald Burchett in July 2009. Mr. Burchett claimed Carilion attempted to keep patient consultations and referrals in-house rather than referring patients to physicians not employed by Carilion. The lawsuit alleged this practice increased the compensation of Carilion physicians. The lawsuit was seeking $30 million in damages, including $15 million for the conspiracy charge.

Roanoke Circuit Court Judge Clifford Weckstein ruled that Carilion and its employees do not constitute separate entities. Typically, two separate entities are required for conspiracy. The judge also said there must be a criminal act in order for a conspiracy to exist. While the conspiracy charge has been halted, the judge ruled that the rest of Mr. Burchett's malpractice suit could proceed.

Mr. Burchett's attorney claimed the referral policy led to medical neglect, as Mr. Burchett experienced a condition with his colon in March 2008. A gastroenterologist was not initially called to examine Burchett, which the lawsuit suggested was due to Carilion's policy to retain referrals.

Read the Roanoke Times report on Carilion Clinic.

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