Print
E-mail
Share
digg
Newsvine
Facebook
Stumble
Technorati
reddit
Fark
twitterHEALTH CARE:
Doctors’ bitter fight heading for court
Four years after filing defamation lawsuit against a colleague, cancer specialist is eager to clear his name
Steve Marcus
Dr. Navneet Sharda displays a the paperwork he has amassed during a four-year legal fight with another cancer specialist, Dr. Dhan Kaushal. Sharda says claims made by Kaushal about his practice are bogus. “I’m here to get vindicated.”
Published Wednesday, April 1, 2009 | 2 a.m.
Updated Wednesday, April 1, 2009 | 5:32 p.m.
Sun Coverage
Beyond the Sun
Two Las Vegas cancer doctors accuse each other of letting greed get in the way of good medical care in a pitched legal battle that’s lasted more than four years and cost one of them more than $200,000 in legal fees.
And, if one side of the story is to be believed, the dispute highlights how far an established specialist will go to protect his turf and hinder competition for patients.
More than four years ago Dr. Navneet Sharda filed a defamation lawsuit against Dr. Dhan Kaushal, accusing him of telling colleagues — including primary care doctors who provide referral business — that Sharda is driven by profit and harms patients by subjecting them to too much radiation. Kaushal, who works for one of the city’s large cancer groups, is also accused of telling doctors that he would refuse to accept the patients of any physician who continues sending patients to Sharda.
Furthermore, Sharda accuses Kaushal of filing bogus complaints against him with the Nevada State Medical Examiners Board, insurance companies and local hospitals, saying he commits malpractice and bills patients for unnecessary procedures.
Sharda can now measure his life in stacks of legal filings in the case. He said he’s spent more than $200,000 trying to clear his name.
“I have no other option,” Sharda said. “I’m here to get vindicated.”
Kaushal, in turn, countersued Sharda for defamation, claiming that Sharda was incompetent and overtreated patients to turn a profit. The lawsuit filed by Kaushal, who would not comment for this story, was dismissed in June 2007 in District Court in Clark County.
There were not problems when the doctors first met. Both physicians are Indian, and they run in the same social circles with Indian primary care doctors who may naturally refer them patients. Sharda specializes in radiation treatments, and Kaushal in chemotherapy, but both perform initial consultations for cancer patients.
Sharda started a solo practice in 2001. Kaushal, who works for Cancer & Blood Specialists of Nevada, was licensed to practice in Nevada in 1995. Initially they referred patients who needed both forms of therapy to each other.
Sharda says the relationship soured when primary care doctors started sending patients for initial consultations to him instead of Kaushal. The tension erupted when they disagreed about treatment methods for patients, he said.
Sharda recalls a case in 2003 of a 24-year-old woman with a rare form of cancer coming to him after visiting Kaushal, who allegedly told her she needed intense chemotherapy treatment. Sharda was not familiar with the form of cancer, and doubted anyone else in Las Vegas was either. He told the woman she probably should not get chemotherapy treatment, and that she should get a second opinion before proceeding. The patient canceled her appointment with Kaushal.
Sharda recalls Kaushal calling him with a warning not to contradict his recommendations. “ ‘I told her she needs chemotherapy — you keep your mouth shut,’ ” he recalls the chemo specialist saying. “ ‘If I tell a patient they need chemotherapy, you don’t say anything. I’ll make my money. And when I’m done with them and they need radiation, you can make your money.’ ”
The woman went to Mayo Clinic, Sharda said, and was told she needed radiation, not chemotherapy.
In a different case, both doctors were referred by a primary care doctor to consult a patient at Sunrise Hospital & Medical Center who was suffering from lung cancer that had spread to his brain. Kaushal saw the man and recommended an immediate regimen of chemotherapy, Sharda said, but the standard treatment in such a case is to start with radiation. Sharda took the extreme measure of confronting Kaushal and canceling his orders, only to have the chemo specialist override his decision and start chemotherapy.
Sharda said the dispute led to an angry phone call from Kaushal, who said: “I’m going to teach you a lesson and drive you out of town.”
Since then, Sharda says, his referrals from primary care doctors have dropped.
Sharda says that in the past five years, Kaushal filed a half-dozen complaints with the medical board involving about two dozen patients. He thinks Kaushal filed all the complaints because he also treated the same patients.
An Aug. 8, 2005, letter from the medical board to Sharda describes the allegedly substandard care that he provided to eight patients. The complainant alleged that Sharda had “uncontrollable ways of doing radiation therapy” and that he radiated patients without concern for their needs. “It is alleged that your unethical treatments are done purposely for your financial benefits,” the letter said. That complaint was dismissed, according to later correspondence by the medical board to Sharda.
The medical board filed a formal complaint against Sharda in October, accusing him of substandard care for three patients.
In the case of a 74-year-old woman, he is accused of not fully investigating her pacemaker before starting radiation therapy, and of poor record keeping.
In the case of a 76-year-old man, Sharda is accused by the medical board of failing to record treatments and document information about diagnostic studies. Sharda claims the medical board has since removed this patient from the complaint because the case was investigated in 2002 and dismissed. Medical board officials said a case can be reintroduced for discipline and that the complaint involves three patients.
In the case of a 63-year-old woman, Sharda is accused of poor record keeping and failing to refer the patient for other possible therapies before starting radiation treatment. He also allegedly used an excessive dose of radiation, the medical board claims.
Sharda said that the three patient files in the medical board's complaint have been reviewed by his own expert and that there is no evidence of wrongdoing.
The medical board is scheduled to conduct a hearing in August to determine whether Sharda should be disciplined.
A past complaint also resulted in the medical board seeking to discipline Sharda. The board filed a case against him on April 6, 2006, according to state documents, “for substandard medical care.” An expert hired by Sharda to review found no evidence of wrongdoing, and the medical board dismissed the case.
Complaints about Sharda’s care have also been made to insurance companies. Documents from TriWest Healthcare Alliance, which administers health insurance for the military, show that a 2004 review of seven cases found no evidence of wrongdoing.
Anthem Blue Cross and Blue Shield’s Nevada credentialing committee — which includes associates of Kaushal, according to Sharda, and which gives authorization to see Anthem patients — initially terminated Sharda’s credentials, but a letter from the company in 2006 shows that the decision was overturned by the national quality management committee.
Sharda said his strongest evidence of Kaushal’s defamation will be presented if the case goes to trial.
Sharda says it’s time for his nemesis to give up.
The protracted legal battle has involved subpoenas to other physicians — who have no interest in getting bogged down in the allegations. “You know the only people who are going to make money on this?” said one doctor familiar with the battle. “The lawyers.”
Sharda said the legal fight illustrates the danger of standing up to the Las Vegas medical establishment.
“The existing powers will do whatever they have to do to keep new thought and more appropriate medical care from changing the status quo,” Sharda said. “You’re just pushing uphill all the way.”
Sharda said he’s offered a settlement to Kaushal: Stop the harassment, apologize and pay all legal fees and the case will be over.
The trial is set for June 30.
Editor's note: This story has been updated to include details of the current medical board complaint against Sharda.
Discussion: 26 comments so far…
Post a comment
- Most Read
- Discussed
- Most E-mailed
- Greenspun reorganizes local media operation, cuts staff
- Harry Reid on mortgages: ‘Bank of America must do more’
- A sad day at the Sun, but a day for hope
- UNLV’s poise to be tested in first road game of season
- Tiger Woods allegedly linked to LV nightclub exec
- Firefighter jailed for kicking teen boy after basketball game
- 6 charged in Metro officer’s death appear in NLV court
- Report: Nevada among friendliest states for small businesses
- Reports: Mayweather Jr. has agreed to fight Pacquiao
- Home prices cut in half in 12 valley ZIP codes over year
Blogs
The Kats Report
Noteworthy: More from the Trop, Cher changes, Newton on 'CBS Sunday Morning'
TUF Heavyweights
Marathon season finale (1 Comment)
Politics: Ralston's Flash
Brian Sandoval is still against taxes, for limiting government and empowering people (7 Comments)
Elsewhere
TCU extends Gary Patterson through 2016
The Kats Report
Dissimilar landmarks -- Binion's and CityCenter -- reflect today's Las Vegas (8 Comments)
High School Sports Scene
Prep Football: State Championship (7 Comments)
Elsewhere
UFC debut in Boston likely July or August (1 Comment)
Calendar »
- 3 Thu
- 4 Fri
- 5 Sat
- 6 Sun
- 7 Mon
-
The Cranberries at The Pearl
The Pearl at the Palms | 8 p.m. to 11 p.m.
-
Grand opening of Crystals at CityCenter
CityCenter-Crystals | 5 p.m. to 11:59 p.m.
-
Sans Age spa night at The Stirling Club featuring Danne' King
Stirling Club | 6 p.m. to 7:30 p.m.
-
Bill Engvall at the Treasure Island Theatre
Treasure Island Theatre
-
Tabor Dame at Stoney’s Rockin’ Country
Stoney's Rockin' Country
-
ILORI sunglass boutique grand opening
Ilori Sunglass Boutique | 5 p.m. to 8 p.m.
The Sun
Locally owned and independent for more than 50 years.
Comment removed by staff.
Hi 2zero - thanks for reading my story. Just a note -- Sharda is actually from the United States. And while it is true that we have a substantial number of foreign born doctors here in Las Vegas, they must pass the same education and licensing thresholds as their American-born colleagues. In many cases, the foreign-born doctors are the creme of the crop in their home countries, which is how they made it to the United States in the first place. This is not to say they're all good. But there is no logical reason to disparage them based on their country of origin.
Marshall -- this is a good one!
2zero -- you've been outed as a bigot. You learned your lesson yet?
I've referred patients to Dr. Nev Sharda for over 7 years now. I have found him to be extremely knowledgable as a physcian. I have never had a single dissatified patient with Dr. Sharda in all these years. I have found him to be a major advocate in the best interests of my patients. My patients love him. He always keeps me aware of patient prognosis, progress, problems etc. He has never recomended treatment for any patient that was not in the patient's best interests. I expect I will continue to refer to Dr. Sharda as long as I have patients needing his expertise.
I thought it was a fair and balanced article Marshall. I know Dr. Sharda to be a very competent and capable health professional that actually seeks to heal his patients! I would trust him to treat my own family.
Am glad that someone is taking on the medical cleanup in Las Vegas. It is long overdue. Have always foud Dr.Sharda to be very competent and ethical in his practice and have sent many patients to him for treatment. He is an excellent doctor here in Las Vegas and we need more like him.
I recently reloctaed to Las Vegas from Wisconsin. I must say Bravo to reporter Marshall Allen for telling this story! I have never seen a more clear cut example of a good doctor being harassed and threatened for trying to raise the standard of medical care. It is long over due that the media assist in the fight against the "medical mafia". Dr Sharda should be applauded for standing up and fighting for his patients.
I must comment on the article about Dr. Sharda. I can say from first hand experience that Dr. Sharda and his staff give excellent, compassionate care...And it is most definitely NOT about the money!! Dr. Sharda reduced my husband's bill by over $7500.00! He did not reduce the care or treatment my husband received. He did however reduce his profit. And THAT speaks volumes about the measure of the man.
C. Payson
Thank you MR. Allen for writitng this article. I have know Dr. Sharda for more than 7 years and find him to be an excellent physician. I have seen extraordinay generosity on his part to his patients. I have never known him to take care of a patient soley for money, on the contrary I have known Dr. Sharda to care of his patients at a huge loss of expense. Maybe the medical board should take a closer look at Dr. Kaushels practices. In a town were it is difficult to find a good doctor, one that is attempting to bring higher standards to his field should not be harrased but commended.
I am a local physician who has referred patients to Dr. Sharda in the past. I have had good results with his care and see no evidence of a pecuniary motive in his actions.
He wears a livestrong bracelet and is involved in programs to increase awareness of cancer screening for people with colon cancer. He is an asset.
Well, as a physician my perception has been very different. Whenever Sharda met me all he ever did was to ask me to send him patients. It make be ok to ask for a patient once a while, but to ask every time we met was upsetting and made me uncomfortable. He would tell me to send him patients even if they were meant to go to medical oncologist and did not need radiation. He said that he would send those patients to the medical oncologist, that way the medical oncologist would be obligated to send patients to him. I not only found this disturbing but unethical. As a result I stopped sending patients to him. On the other hand I have used Kaushal too, whom I have always found to be ethical and has always taken good care of my patients.
I have worked for Dr Sharda and I have seen all the great things he does with his patients, I am looking at this from a different side of the coin and I would take Dr Sharda over any other radiation oncologist in the valley. I think it is wrong of another physician to tarnishing another physicians good name when all Dr Sharda is doing is giving great medical care... SHAME on you Dr Kaushal you would think he would have better things to do with his time rather than tarnish a great physicians name.
I AM VERY SUPRISED AT THESE ACCUSATIONS AGAINST DR SHARDA. I FIND HIS WORK ON MY PATIENTS TO BE THE ABSOLUTE BEST. MY PATIENTS HAVE THE FEWEST SIDE EFFECTS AFTER RADIATION BY HIM FOR RECTAL CANCER.HE GOES THE EXTRA MILE LIKE EXAMING THE PATIENTS WHILE MANY DOCTORS DON'T,RELYING ON RELAYED INFO WHICH MIGHT BE WRONG.
dr sharda has only shown honesty and sincerity in the years i have known him. he is an asset to the medical community.
Is it true that Dr. Kaushal stole Dr. Sharda's desk? And who's idea was it for this story? The latter is a legitimate question for Mr. Allen.
I congratulate the brainchild of this article for shedding positive light on the medical community. Pissing matches between physicians does wonders for patient confidence during their recovery from iatrogenically induced hepatitis C.
And will someone give Sharda his desk back? He needs his exam room to screen candidates for radiation.
Hi Omnilpoj - thanks for commenting on my story.
To answer your question: I heard about this story by talking to people in the medical community. A defamation suit that's lasted four years does have people talking, as you can imagine.
It was my idea to write the story. So I contacted Sharda and Kaushal for comment. Sharda talked to me. Kaushal declined - though I'd still like to hear from him. I hope that helps clarify things for you.
I felt compelled to coment on this article due to the fact that Dr. Sharda toook excellent care of my brother-in-law. I would like to take this opportunity to thank Dr. Sharda and his staff for all that they did! It should also be known that Dr. Sharda wrote off thousands of dollars in cost to them, but at no time was his care or treatment compromised! He got nothing but the best of care! If there were more doctors as caring and compassionate about what they do and not chasing the almighty dollar, maybe health care in this country wouldn't be in the state of crisis it is!
K. Busse
It is my honor to take the time to thank Dr. Sharda and his staff. Without them and their compassion, my family would not have been given one more dinner at our favorite resturant, one more Christmas sitting around the tree, and certainly not one last memory. Dr. Sharda took outstanding care of my uncle as well as my family when we were in need. It is disgraceful that such a wonderful and caring man is having his good name spoken down upon. I also must thank writer Marshall Allen for revealing Dr. Sharda's side of this story.
I have known Dr Sharda for serveral years and have sent many patients to him. Every patient he has seen and treated has had excellent results and without question, all patients have been extremely happy with his care. I am not aware nor have any concerns about his ability to care and treat his patiens with the highest regard for their health and well being.
Prior to moving from Las Vegas 2 years ago I used Dr. Nav Sharda as my most preferred Radiation Oncologist. Dr Sharda was competent and highly skilled in managing complex Head and Neck cancers and his results were as good as anyone in Nevada. Dr. Sharda was personable with my patients and gave them individualized care. He kept me up to date on their progress and was always willing to fit patients into his schedule. I think Las Vegans should be happy to have him as a provider of medical care.
I have know Dr Sharda for over seven years. I have always found him to be an extremely compassionate, and generous man. I know many people who have who have been patients of his. Without exception they have all received extraordinary care as well as substantial financial assistance. For Dr Sharda it is NOT about the money it is ALL about the patient.
I initially thought this was an April Fools story, but judging by the responses I guess not. I suspect both of these guys are fine doctors who have allowed a difference of opinion to spiral out of control. What puzzles me is why the medical board has gotten involved in this spat? I thought the medical board was here to protect us against the major baddies like the Colonoscopy Center and Fake Spine Operations (which they still refuse to stand up and act on), but they seem focused on some political agenda all their own?
Kudos to Dr Sharda for challenging allegedly unfounded accusations of unethical and substandard medical care disseminated by a colleague in his specialty. Dr Kaushal's refusal to give his side of the story is disturbing, regardless if only so instructed by his counsel. I suspect that the 'walmart' medical care supposedly rendered by Dr Desai for many years may only reflect the tip of an iceberg of revenue based patient care that may have been exposed long ago if physician colleagues had demonstrated similar courage. Looking forward to your post-trial article.
I have several patients that are 7 to 8 years out from their sucessful/curative radiation therapy done by Dr Sharda. He is a knowledgable, professional, meticulous and excellent radiation onchologist. It is clearly unethecial for dr kaushai or any doctor to chastise another doctor for having patients seek a second opinion. medical knowledge and treatments advance quickly patients need to be given a broad leeway in finding the best treatment for them especially in the case of unusual tumors. It is sad to see physician put their own benefit above getting the best possible care for their patient. dr sharda is right on principle,I hope he prevails in this law suit.
Something does not smell right here. It seems there are more comments here than when the Endoscopy center news made headlines. Radiation oncologists generally have much lesser patient pool than other specialties, and it makes me wonder how many of the comments here are genuine and not posted by Sharda and Co. under various ID's. I look multiple allegations of substandard care made against Sharda by the medical board, and by multiple insurance companies. 3 cases against him by board are still pending. I frankly have never know a physician who was not guilty of some wrong doing when so many cases were filed against him. We cannot assume Kaushal is in the wrong when we do not even have his side of the story. When there is smoke, there is fire ...
The health indusrty have an obligation to help sick patients remain in good health and I am sure Dr. Sharda makes a significant contribution in peoples lives. Dr. Sharda is an excellent doctor and he works very hard in diagnosing illness with the upmost professional care. He and his staff cares deeply for their patients with only kindness and sincerity. The world need good doctors like Dr. Sharda himself whom will go beyond the call of duty to have a patient be cured from cancer. He is truly the best doctor and does the best work in the field of cancer. Thank you very much for all your help Dr. Sharda, my mother is still thanking you today!
Competitors should mind their own business and not bad-mouth eachother causing problems and issues in such matter; simply move on and proceed in your own. This world will be a much better place if people just focus on themselves and their own lives.