Neurosurgeon Sues Upstate University Hospital Alleging False Claims, Retaliation

A neurosurgeon formerly affiliated with Upstate University Hospital in Syracuse, N.Y., has sued the hospital alleging it violated the federal False Claims Act and violated state labor law by retaliating against the surgeon after he complained about the practices, according to a Post-Standard report.

The suit, filed by James Holsapple, MD, alleged that in 2007 the hospital allowed one physician to oversee the complex spine surgery of two patients in two different operating rooms at the same time and submitted false claims related to the procedures. However, the state health department already investigated the surgeries in question in response to a complaint filed by another neurosurgeon at the hospital and determined there was not sufficient evidence to charge those allegedly involved with professional misconduct, according to the report.

The suit further alleges that after Dr. Holsapple complained, he was removed from his roles as quality officer and resident coordinator, which resulted in reduced pay.

Upstate called the claims "baseless," according to the report.

Dr. Holsapple resigned from Upstate in Jan. 2009. His suit seeks damages including lost back pay, retirement benefits, litigation costs and attorneys' fees, according to the report.

Read the Post-Standard report on Upstate University Hospital.

Read more coverage on Upstate University Hospital:

- New York's Upstate University Hospital Could Take Over Community General by July

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Upstate New York Hospital Targets Surgery Center for Takeover

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