Appeals Court Approves Whistleblower Lawsuit by Surgeon Against UTSW

A surgeon has filed a lawsuit against the University of Texas Southwestern Medical Center. His whistleblower lawsuit has been approved by the 5th District Court of Appeals in Dallas, Texas for jury trial. Dr. Larry Gentilello originally filed his lawsuit in November 2007 when he was demoted after pointing out discrepancies and injustices in patient care at the facility. For example, he saw that some patients were receiving treatment without the supervision of a physician.

Dallas trial lawyer Charla Aldous, founder of the Aldous Law Firm, is representing Dr. Gentilello in his whistleblower lawsuit. The case states that UT Southwestern and Parkland disregarded rules set out by Medicare and Medicaid. Whistleblower lawsuits involve a private individual suing a federal contractor on behalf of the government. Initially, the medical school argued that Dr. Gentilello’s case could not be considered a whistleblower lawsuit because he did not follow procedure by notifying law enforcement. A trial court in 2008 disagreed, however, and Dr. Gentilello was allowed to proceed. The ruling just announced reaffirms this ruling. A trial will take place in the 14th District Court in Dallas.

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