BRMC Wins Lawsuit
By Kimberly Maben, Director
Department of Communications
After deliberating less than an hour and a half, a McKean County Common Pleas Court jury found in favor of Bradford Regional Medical Center (BRMC) and its affiliates in an employment-related case against former hospital oncologist Edward Miskiel, D.O.
"On behalf of the Medical Center, we feel vindicated and relieved that this issue is now behind us," said BRMC President/CEO George E. Leonhardt. "It's in the best interest of our hospital and community that the highest standards of the medical professional are upheld and we feel our position in this court matter firmly supports that standard."
Last Monday, jury selection began in the week-long case. According to attorneys in the case, Dr. Miskiel filed a breach of contract suit against BRMC and its affiliate Bradford Regional Medical Services (BRMS) in early 2006. In turn, the BRMC and BRMS filed suit against the physician, alleging that he had fraudulently induced BRMS to enter into the employment contract because he knowingly lied about his prior problems with Medicare and Medicaid as well as his eligibility for board certification and board eligibility in his field of specialization.
A second issue in the week-long case was an issue related to the Pennsylvania Wage Payment and Collection Law. In that issue, Dr. Miskiel alleged that the hospital owed him a bonus under his employment contract. Hospital officials disputed that claim, alleging that some of the patient visits Dr. Miskiel claimed supported his bonus calculation were, under the contract, not subject to consideration for an incentive payment.
The case, heard before Hon. Eugene E. Fike, II., a Senior Judge from Somerset County, involved four days of testimony following last Monday's jury selection.
Dr. Miskiel served as the only witness for his side of the case.
Testimony on behalf of BRMC included Mr. Leonhardt; Glen Washington, the hospital's former Senior Vice President of Operations; David Godfrey, M.D., a current member of BRMC's active medical staff and former BRMC Medical Staff Vice President; and Rhonda Chilson, Practice Management Director.
Representing BRMC and BRMS was lead counsel Steven I. Farbman, Jackson Lewis, LLP, Pittsburgh. Dr. Miskiel’s attorney was Douglas C. Maloney of Begley, Carlin & Mandio, LLP, Langhorne.
Following closing arguments and rebuttal on Friday, the judge's instructions to the jury and brief jury deliberation, the jury announced on Friday evening that due to Dr. Miskiel's fraud, the employment contract was void, rendering the breach of contract claims moot. The jury also ruled that none of the parties accused -- BRMC and its affiliates -- had improperly withheld compensation from Dr. Miskiel.
"The jury's statement was as strong as it could be," Mr. Leonhardt said. "We're glad to finally put this to rest, on behalf of the hospital and our community. It's taken a long time to come to this point, and we certainly would have preferred that it could have been resolved earlier."
Dr. Miskiel joined the BRMC Cancer Care & Hematology program in November 2004.
In January 2006, officials at BRMC notified patients and the community of a change in the medical staff at the Cancer Care Center. No details were released, citing confidential personnel policies.
Following Dr. Miskiel's departure from the Medical Center, Yahya Fadl, M.D., an Oncology/Hematology specialist, was appointed to the Cancer Care Center. Prior to that appointment, he had provided temporary oncology services at the hospital for four years.
In February 2006, BRMC and BRMS filed civil action in McKean County Court against Dr. Miskiel, alleging several employment-related issues and Dr. Miskiel filed a wrongful termination suit against the hospital and its affiliates.
In September 2006, officials from BRMC and Roswell Park Cancer Institute (RPCI) in Buffalo, N.Y., signed a regional affiliation network agreement to enhance oncology and hematology programs in Bradford.
In early 2007, the Cancer Care Center moved to its current location in the Medical Center's new $11.5 million Outpatient Services Center.
In August 2008, BRMC's current specialist, Eyad S. Al-Hattab, M.D., joined the program as Medical Director of Oncology/Hematology and also serving as attending physician at RPCI. Dr. Al-Hattab is board-certified in both medical oncology and hematology from the American Board of Internal Medicine.
"We're so proud of the growth of our program under Dr. Al-Hattab's direction and with the professional affiliation of a world-renowned leader such as Roswell," Mr. Leonhardt said. "As we move closer to the integration with Olean General Hospital under the leadership of Upper Allegheny Health System in November, we believe we will see the continued growth and development of cancer care and hematology services that will only enhance opportunities for patients across our region."
BRMC's Cancer Care & Hematology Services Department opened in 1996 as an opportunity for local patients to receive professional care and treatment at a center conveniently located in their own community. Cancer Care & Hematology Services provides up-to-date evaluation and treatment including chemotherapy, immunotherapy, blood transfusions and bone marrow biopsies. As part of the BRMC system, a wide range of related services are readily available including pain management, supportive care, laboratory, patient and family support and education.
Department of Communications
After deliberating less than an hour and a half, a McKean County Common Pleas Court jury found in favor of Bradford Regional Medical Center (BRMC) and its affiliates in an employment-related case against former hospital oncologist Edward Miskiel, D.O.
"On behalf of the Medical Center, we feel vindicated and relieved that this issue is now behind us," said BRMC President/CEO George E. Leonhardt. "It's in the best interest of our hospital and community that the highest standards of the medical professional are upheld and we feel our position in this court matter firmly supports that standard."
Last Monday, jury selection began in the week-long case. According to attorneys in the case, Dr. Miskiel filed a breach of contract suit against BRMC and its affiliate Bradford Regional Medical Services (BRMS) in early 2006. In turn, the BRMC and BRMS filed suit against the physician, alleging that he had fraudulently induced BRMS to enter into the employment contract because he knowingly lied about his prior problems with Medicare and Medicaid as well as his eligibility for board certification and board eligibility in his field of specialization.
A second issue in the week-long case was an issue related to the Pennsylvania Wage Payment and Collection Law. In that issue, Dr. Miskiel alleged that the hospital owed him a bonus under his employment contract. Hospital officials disputed that claim, alleging that some of the patient visits Dr. Miskiel claimed supported his bonus calculation were, under the contract, not subject to consideration for an incentive payment.
The case, heard before Hon. Eugene E. Fike, II., a Senior Judge from Somerset County, involved four days of testimony following last Monday's jury selection.
Dr. Miskiel served as the only witness for his side of the case.
Testimony on behalf of BRMC included Mr. Leonhardt; Glen Washington, the hospital's former Senior Vice President of Operations; David Godfrey, M.D., a current member of BRMC's active medical staff and former BRMC Medical Staff Vice President; and Rhonda Chilson, Practice Management Director.
Representing BRMC and BRMS was lead counsel Steven I. Farbman, Jackson Lewis, LLP, Pittsburgh. Dr. Miskiel’s attorney was Douglas C. Maloney of Begley, Carlin & Mandio, LLP, Langhorne.
Following closing arguments and rebuttal on Friday, the judge's instructions to the jury and brief jury deliberation, the jury announced on Friday evening that due to Dr. Miskiel's fraud, the employment contract was void, rendering the breach of contract claims moot. The jury also ruled that none of the parties accused -- BRMC and its affiliates -- had improperly withheld compensation from Dr. Miskiel.
"The jury's statement was as strong as it could be," Mr. Leonhardt said. "We're glad to finally put this to rest, on behalf of the hospital and our community. It's taken a long time to come to this point, and we certainly would have preferred that it could have been resolved earlier."
Dr. Miskiel joined the BRMC Cancer Care & Hematology program in November 2004.
In January 2006, officials at BRMC notified patients and the community of a change in the medical staff at the Cancer Care Center. No details were released, citing confidential personnel policies.
Following Dr. Miskiel's departure from the Medical Center, Yahya Fadl, M.D., an Oncology/Hematology specialist, was appointed to the Cancer Care Center. Prior to that appointment, he had provided temporary oncology services at the hospital for four years.
In February 2006, BRMC and BRMS filed civil action in McKean County Court against Dr. Miskiel, alleging several employment-related issues and Dr. Miskiel filed a wrongful termination suit against the hospital and its affiliates.
In September 2006, officials from BRMC and Roswell Park Cancer Institute (RPCI) in Buffalo, N.Y., signed a regional affiliation network agreement to enhance oncology and hematology programs in Bradford.
In early 2007, the Cancer Care Center moved to its current location in the Medical Center's new $11.5 million Outpatient Services Center.
In August 2008, BRMC's current specialist, Eyad S. Al-Hattab, M.D., joined the program as Medical Director of Oncology/Hematology and also serving as attending physician at RPCI. Dr. Al-Hattab is board-certified in both medical oncology and hematology from the American Board of Internal Medicine.
"We're so proud of the growth of our program under Dr. Al-Hattab's direction and with the professional affiliation of a world-renowned leader such as Roswell," Mr. Leonhardt said. "As we move closer to the integration with Olean General Hospital under the leadership of Upper Allegheny Health System in November, we believe we will see the continued growth and development of cancer care and hematology services that will only enhance opportunities for patients across our region."
BRMC's Cancer Care & Hematology Services Department opened in 1996 as an opportunity for local patients to receive professional care and treatment at a center conveniently located in their own community. Cancer Care & Hematology Services provides up-to-date evaluation and treatment including chemotherapy, immunotherapy, blood transfusions and bone marrow biopsies. As part of the BRMC system, a wide range of related services are readily available including pain management, supportive care, laboratory, patient and family support and education.
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