Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Retaliation Against Physicians - John Doe, M.D.M.

In 1994, Dr. Misischia spoke out against unnecessary surgeries and fraudulent billing at St. John’s Mercy Health Systems. The hospital retaliated by suspending his privileges to practice at the Hospital. Dr. Misischia sued in state court, and prevailed against Dr. John J. Delfino, who was in charge of the relevant department at the Hospital. But the wrongful acts did not end in 1994. For example, the Hospital persisted with a defamatory entry about Dr. Misischia in the National Practitioner Data Bank. In 2001, the Hospital demanded that he not testify at a malpractice trial as a condition of correcting its defamatory entry about him in the Data Bank. Dr. Misischia filed a new complaint under the Racketeer Influenced and Corrupt Organizations Act (RICO).
  1. Download US District Court Decision Removing Doe from National Practitioner Databank - 8/17/2004
    Civil Action No. 02-2193 (RBW)
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  2. AAPS Amicus Letter in Support of Doe - 3/29/2004
    Download PDF

  3. AAPS files amicus brief in support of Petition for Writ of Certiorari filed in United States Supreme Court - 1/5/2007 Download PDF file