Surgeon's federal suit challenges UC Davis Health System

A simmering, two-year feud between two neurosurgeons at UC Davis Medical Center has boiled over into federal court.

In a desperate attempt to invalidate his suspension and head off his termination from the hospital's staff, Dr. Dongwoo John Chang has sued four physicians who hold top posts in the UC Davis Health System.

Chang's attorney, Donald Heller, was notified March 18 by lawyers for the university that his client's suspension would take effect the next day.

Heller received a faxed copy of a letter to Chang from Dr. Stuart Cohen, chief of staff at the medical center, notifying Chang of his suspension pending a final decision on the medical staff executive committee's recommendation that he be terminated.

The letter cited "poor surgical judgment and skill that have resulted in unacceptably high rates of complications and mortality, inability to work collegially with physicians and staff, lack of honesty in record keeping and failure to participate in the peer review process." But, in a lawsuit filed Wednesday seeking an injunction to halt the disciplinary process and reinstate his privileges, Chang claims the grounds cited are pretextual and there is no evidence to support them.

Instead, he insists, the suspension culminates a series of actions in retaliation for his allegations – starting in early 2006 – of malpractice and illegal practice on the part of Dr. Jan Paul Muizelaar, chairman of neurological surgery at the medical center and Chang's immediate supervisor.

"In truth … as the statistics and other meaningful, visible indicators … clearly show, at various points in time, Dr. Chang had a zero death rate as compared to Dr. Muizelaar, who had the highest mortality rate among all five neurosurgeons," the suit says.

It says, while "Dr. Muizelaar has been the subject of multiple (in excess of 10) medical malpractice lawsuits and many other breaches of … standards of care, Dr. Chang has not been sued for malpractice" during the comparable period.

Between June 2004, when he went to work at the medical center, and the spring of 2006, "Dr. Chang's professional performance was considered excellent," the suit says. However, it says, that was "before … he spoke out on Dr. Muizelaar's unlicensed, illegal medical practices and documented medical incompetence." The peer review that preceded Chang's suspension "is not warranted," the suit declares. "It is a setup by those who have a vested interest in destroying the evidence of Dr. Muizelaar's … practices and … incompetence." He is being punished for whistleblower speech protected by the Constitution's First Amendment, Chang's suit states.

On the 15th day after the suspension takes effect, it must be reported to the California Medical Board. On the 30th day, it must be reported to the National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.

In a court declaration, Chang says, "… these reports remain forever on the record of (a physician) no matter what the outcome, and will essentially prevent (Chang) from securing future employment as a neurosurgeon while the tainted (administrative) hearing process" at the medical center is carried out.

"Once hospital privileges are restricted, it is impossible to obtain new privileges, even if later cleared of this 'death sentence' for a practicing neurosurgeon, a fact well known to (the) defendants," Chang's statement says.

In addition to Cohen and Muizelaar, named as defendants in Chang's suit are Dr. Clair Pomeroy, dean of the UC Davis School of Medicine, and Dr. Allan Siefkin, chief medical officer at the medical center.

Chang claims in his suit that Muizelaar, who received his training in the Netherlands, is not licensed in California, but holds his position under a restrictive medical board permit that allows him to practice only at the medical center and its affiliates.

Despite that, Chang alleges, Muizelaar has practiced illegally – with the knowledge of those at the top of UC Davis Health System – at Sacramento-area Mercy hospitals since 1999.

The university's medical executives look the other way because their system realizes a healthy share of the revenue that flows from Muizelaar's illegal activities, the suit alleges.

California law defines Muizelaar's practices at Mercy hospitals and UC Davis Health System's "aiding/abetting" as felonies, according to the suit.

Muizelaar "generates millions of dollars in hospital facility charges and professional fee components for the UC Davis Health System," the suit says.

UC Davis and the medical center were observing the Cesar Chavez holiday Friday, and no one could be reached for comment.

Attorneys for the defendants, who were in court Friday to oppose Heller's motion for a temporary restraining order, would not comment, citing a section of the California Evidence Code that protects hospital peer reviews from public scrutiny.

The attorneys invoked the same law in filing under seal their response to the motion for a restraining order.

U.S. District Judge Lawrence K. Karlton denied the motion, citing a number of issues that should be resolved before any action is taken by the court.

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