New York's Upstate University Hospital Asks Court to Dismiss Neurosurgeon's Lawsuit

Upstate University Hospital in Syracuse, N.Y., is asking a federal court to dismiss a lawsuit filed by a neurosurgeon who alleges that the hospital retaliated against him for speaking out against its alleged dangerous medical practices and fraud, according to a Post-Standard report.

James Holsapple, MD, filed the suit Jan. 31. It alleges that the hospital put profits ahead of patient safety by allowing one physician to oversee complex spine surgery on two patients in two different operating rooms at the same time. The suit also alleges that the hospital created fraudulent medical documents and submitted fraudulent bills to Medicare and Medicaid. In the suit, Dr. Holsapple said he resigned from the hospital in Jan. 2009 after the work environment grew hostile.

The New York Attorney General's Office, which represents the hospital since it is part of the State University of New York, filed a motion for dismissal this week. The motion says the hospital was never served with the complaint, the suit exceeds the statute of limitations and does not contain facts to support Dr. Holsapple's allegations.

Read the Post-Standard report on Upstate University Hospital.

Read more about hospitals and lawsuits:

- California's Tri-City Healthcare Files Restraining Order, Lawsuit Against Board Member

- LSU Medical Center Settles Retaliation Allegations After Firing Whistleblowers

- Baltimore Surgeon Sues Catholic Health Initiatives for Discrimination After Involvement In Whisteblower Suit



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