Doctor’s win in defamation case a hollow victory

Steve Marcus

Dr. Navneet Sharda displays paperwork and legal documents in March. He recently won a a $60,000 verdict against a fellow doctor but says his practice, which depends on referrals, might not survive.

By Marshall Allen (contact)

Monday, Aug. 31, 2009 | 2 a.m.

Doctors' bitter fight heading for court (4-1-2009)

More stories about health

Nevada State Medical Examiners Board

Five years ago, Dr. Navneet Sharda sued a fellow cancer specialist, saying the other doctor had defamed him by criticizing his character and medical expertise.

A jury this month agreed with Sharda. But it’s hard for him to celebrate the victory.

He’s not sure his practice will survive.

Sharda says he’s spent about $300,000 in court costs to squelch rumors that he claims were started by oncologist Dr. Dhan Kaushal. He says Kaushal’s defamation went on so long and was so widespread in the local medical community that it ruined his radiation oncology practice, which is dependent on referrals from other physicians.

On August 17, a Clark County District Court jury sided unanimously with Sharda in the defamation case, awarding him $60,000 in damages.

Kaushal declined to comment for this story.

Sharda said the money is nothing compared to the millions of dollars he’s lost in referrals, causing him to face possible bankruptcy. The defamation case, he says, shows how difficult it is for younger doctors to become established in Las Vegas because of the competitive nature of the medical community.

Sharda hopes the victory will restore trust in his expertise.

“Winning the case is nothing,” Sharda said. “Winning the hearts and minds of the doctors and patients in Las Vegas is everything.”

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.

When Sharda started his solo practice, the two doctors 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 said one 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.”

Sharda started his solo practice in 2001 and says things were going well until 2003, which is when he believes Kaushal began bad-mouthing him to other doctors. A 2004 letter written by Kaushal was obtained in the case and says that Sharda “has uncontrollable and nonstop ways of doing unethical, unwanted, unheard, nonconventional and unacceptable ways of doing radiation therapy.”

The letter accuses Sharda of “going out of his way to give radiation therapy when it’s not necessary and/or without looking at the needs of the patient.” Kaushal also writes that he has tried to prevent Sharda from getting privileges at a hospital and that Sharda has an “unfavorable history with many of the radiation and medical oncologists.”

In an Aug. 25, 2004 letter — Sharda said it was sent to the medical executive committee at Sunrise Hospital & Medical Center — Kaushal wrote that Sharda was not allowed to attend meetings at O’Callaghan Federal Hospital at Nellis Air Force Base “through my effort as I am quite aware about his unethical ways of practicing medicine.”

The Sunrise letter included patient records that Kaushal said demonstrated Sharda’s malpractice. Sharda said no one at Sunrise pursued the complaint.

During the trial, Dr. Seth Adjovu, an internist, testified that Kaushal told him in 2004 that Sharda overtreats patients and gives them too much radiation and that working with him would likely result in trouble.

“He basically tried to tell me not to refer patients to him,” Adjovu testified. “In effect, he was telling me that I was likely to get sued with Dr. Sharda if I continued to refer to him because of the way he practices and the high likelihood of malpractice.”

Sharda also accuses Kaushal of filing bogus complaints against him with the Nevada State Medical Examiners Board, insurance companies and local hospitals that say he commits malpractice and bills patients for unnecessary procedures. He still faces a complaint with the medical board.

Dr. William Noyes testified on Sharda’s behalf in the defamation case, saying he reviewed the patient records in the cases that were sent to the medical board and determined that the treatment was “medically appropriate, and actually had a response that was well above any average.”

Noyes, whom Sharda had testify on his behalf because he reviews cases to determine appropriateness of care on behalf of the Centers for Medicare & Medicaid Services, concluded that the care provided by Sharda was “excellent,” according to his deposition in the case.

Discussion: 9 comments so far…

By dstrong1

8/31/09 at 7:32 a.m.

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A unanimous jury verdict will elicit a strong, favorable response in the "hearts and minds of the doctors and patients in las vegas."

Good doctors need to stand up to the medical mafia more often, and I am glad that the Las Vegas Sun is willing to stand up for the little guy.
By Asharda1

8/31/09 at 8:44 a.m.

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I am Navneet Sharda's brother, and live in the St. Louis area. I was in town the whole week of the trial, and attended much of it. While I appreciate the article, too many important points were left out.

For instance, Dr. Adjovu clearly stated in court that Dr. Kaushal's comments were unwarranted, untrue, and uninvited. He clearly stated that Dr. Sharda is an excellent doctor. Another doctor, Dr. Ezeanolue testified that Kaushal's comments were inflammatory, untrue, and also uninvited. He has such confidence in my brother that he referred his own mother to him for treatment.

It also needs to be made clear that Dr. William Noyes has been the final reviewer (the final authority) for Medicare since 2002. He stated in both written and oral testimony that in detailed review of Dr. Sharda's work, he found it to be excellent and impeccable.

All of Kaushal's witnesses were direct competitors, or members of directly competing groups. Dr. Kaushal is also part of a much larger, competing group that sees my brother as a threat. Attempts by large, organized, greedy, and unethical competitors to destroy others need to be stopped.
By Lvmed

8/31/09 at 2:52 p.m.

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I HAVE YEARS OF EXPERIENCE WORKING WITH DR SHARDA. MY PARTNER AND I CAN ONLY SING HIS PRAISES. HIS ABSENCE FROM THIS COMMUNITY WOULD BE A TRUE LOSS. HIS CARE HAS ONLY BEEN WAY BEYOND THE STANDARD OF CARE. I CAN TELL YOU THAT SIDE EFFECTS ARE FEW AND FAR BETWEEN WHEN HE RADIATES A PATIENT.
By truthsearcher

8/31/09 at 4:18 p.m.

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Hello...
Has anybody bothered to ask where Dr. Sharda was on the day the judgement arrived? Looks like not.
Well let me let you in on a secret. Dr. Sharda was defending himself before the Medical Board on complaints of malpractice and / or related issues.
Let me ask the Jury a question. The Jury believed the statements made by Sharda saying :
"Sharda started his solo practice in 2001 and says things were going well until 2003, which is when he believes Kaushal began bad-mouthing him to other doctors. A 2004 letter written by Kaushal was obtained in the case and says that Sharda "has uncontrollable and nonstop ways of doing unethical, unwanted, unheard, nonconventional and unacceptable ways of doing radiation therapy."
Since when did someones' beliefts became a basis judgement?

Think Jury people, think, can one person's one or two statements that are just to warn the relatives, make such a profound effect on Dr. Sharda's income possibilites that he would be driven to bankruptsy? I think not.
He actually should go bankrupt. Not because of Kaushal's statemements but because of his own stupidity and inability to treat patients properly. Sharda has been known to over radiate his patients. I have heard with my own ears statements from physicians that we stopped sending patients to Sharda because after his treatment, they die. So why would any caring doctor send his patients to this butcher? The people who wrote comments in his favor are either his employees or his relatives. I am not related to Kaushal in any way. I have no love lost with either of them but Sharda is just cashing in on the naive judicial system where in this country anyone can sue anyone and the only guys who make money are the god-dammed lawyers. I will not be surprised if Sharda has to file bankruptcy because he does not deserve to praactice. The guy is constantly talking about money, money money. Mr. LVMD, you have no clue howmany people have been sent to death because of Sharda's over radiation. The total numbef of compalints against Sharda and the malpractice lawsuits will definitely drive him to bankruptcy. Any one can have friends in the Medical Board and get away just like Dr. Desai got away with all his crap for somany years and finally justice caught up to him. Same way Sharda may have friends who can testify on his befalf and get a judgement against Kaushal but the fact that his methods of treatments are plain unethical will not go unnoticed. Why do you folks research at the number of complaints against Sharda and those against Kaushal.
By truthsearcher

8/31/09 at 4:19 p.m.

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Continued....
Remember, Kaushal is an employee of a reputed organization where as Sharda has his own practice. Why? Because there is no body in this town that will hire him. If Dr. Adjovu and Noyes feel he is so competent, then Sharda has nothing to worry about. Either of these two "wonderful" doctors who testified on his befalf will also give him a job. Will that happen? Only Adjovu or Noyes can reply to that.
If they do hire Sharda then he has nothing to worry about. If they do not then they were only testifying on behalf of Sharda for some thing that motivated them to do so.
But remember, between Kaushal and Sharda, there is a big difference and you have to know both of them closely to understand where the comments of Kaushal came from....
By nick1

8/31/09 at 10:11 p.m.

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Not all the physicians who testified against Sharda were competitors, to name a few .. Bhaktari, Saxena, Dua .. were not competitors but actually potential referral sources.

Dr. Dr. Ezeanolue hardly has a stellar reputation himself, and was under FBI investigation for Medicare fraud and was found guilty by Nevada State Broad of Medical Examiners for failure to use the reasonable care, skill or knowledge ordinarily in the death of a thirty-four year old constituting malpractice, the detalis are available on the boards website.

I also am in agreement with the above post that statements by just one physician can in no way drive another physician to bankruptcy. Physicians are not cattle and by in-large make up their own mind and not based on what some one physician may have to say about another. A good physician will never remotely be driven to bankruptcy in this manner.
By truthsearcher

9/4/09 at 7:16 a.m.

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Here is something that a lot of people do not know about Sharda. I have proof, and can produce a source that will testify to this incident I am about to describe. This greedy Sharda was visiting a local hospital at 2:00 am on day. The primary assigned physician of a patient saw him and asked him what was he doing there? And he blatently asked the primary care doctor to agree to radiation on the neck of the patient while the patient was actually undergoing treatment for a ailment that has absolutely NOTHING to do with the neck. When the primary doctor asked why would Sharda do this? The fool replied that he was in need of the money and this would be minimal and would not affect the patient in any way while he could get some money from the insurance!!! What a joke! I am challenging Marshall Allen to find the truth. Marshall, I know that you invited Kaushal to give his side of the story. But knowing Kaushal, he will NEVER talk to you or any other media. He is just NOT that type of person who will blow his trumpet or cry his woes to any one, least of all the media.
There only one right thing Marshall did - and that is use the word 'HOLLOW'. This little judgement that Sharda got against Kaushal is not a victory. (By the way he had sued for serval millions - and thought he won the lottery!) Its a shameless, moronic, greed-driven, cheap and low shot at not Kaushal but at the judicial system. Sharda, I am challenging you that I will publicize your greed and inability to treat patients properly to any and every person I can.
......
By truthsearcher

9/4/09 at 7:18 a.m.

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Continued....
As a matter of fact, I am in the process of making a list of ALL the complaints and malpractice lawsuits that are against you. I intend to bring them out to the the public. The insurance companies have already been warned about your ways of billing them and you are under a strong microscope so all you have to do is to just keep doing what you have been and you will definitely lose your license to practice and soon find yourself in a situation you never dreamed of!
By SengM

9/8/09 at 9:53 a.m.

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The health industry 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 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.