A court in the United States has found an Indian-origin gynecologic oncologist, Dr Sanjeev Kumar of Memphis, Tennessee, guilty on multiple serious charges related to medical malpractice and fraud. The verdict, delivered recently, found him guilty of 18 counts of adulteration of medical devices, 16 counts of misbranding medical devices, and 6 counts of health care fraud.
The Core of the Fraudulent Scheme
According to evidence presented in court, Dr Kumar's fraudulent activities spanned a period of five years, from 2019 to 2024. The US Department of Justice (DOJ) stated that he submitted, and directed his staff to submit, false claims to the federal Medicare and state Medicaid programs. These claims were for hysteroscopy with biopsy procedures that were not medically necessary and were performed using adulterated medical equipment.
The prosecution detailed that between 2019 and 2024, Dr Kumar and his team performed an astonishing over 15,000 hysteroscopy with biopsy procedures on 5,559 patients covered under Medicare and Medicaid. A hysteroscopy with biopsy is a diagnostic procedure used to detect conditions like endometrial cancer, where a scope is inserted through the cervix into the uterus to collect tissue samples.
Reusing Single-Use Devices Endangers Patients
The most alarming aspect of the case involves the reckless reuse of medical devices marked for single use only. Court documents reveal a stark discrepancy: while performing thousands of procedures, Dr Kumar purchased fewer than 200 new single-use hysteroscopes. Shockingly, three out of six single-use graspers he bought in 2019 were still being used in his office as recently as April 2024.
The DOJ emphasized that single-use devices are intended to be discarded after one patient use. For devices approved for reprocessing, strict adherence to the manufacturer's cleaning instructions is mandatory. The investigation found that Dr Kumar routinely skipped vital sterilization steps between patients, directly jeopardizing patient safety. Furthermore, even if reprocessed, the single-use devices needed proper labeling, which he failed to do.
Financial Scale and Doctor's Defense
The financial magnitude of the fraud is substantial. Records show Dr Kumar billed more than $41 million for these procedures between September 2019 and April 2024. From Medicare and Medicaid alone, he personally netted over $4.8 million in payments.
In his defense, Dr Kumar and his legal team contested the allegations regarding disinfection. They argued that it was untrue that he did not disinfect the devices. Their stance was that the government disapproved of his specific disinfection process, even though he claimed it was a method recommended by the US Centers for Disease Control and Prevention (CDC).
Following the guilty verdict, Dr Sanjeev Kumar stated that his legal battle is not over but expressed respect for the judicial process. "I served every patient like a family member, never turned anybody away. As far as science is concerned, we are confident that we are on the right side of the scientific facts," he said.
The case highlights critical issues of medical ethics, patient safety, and the integrity of public health care funding systems. Dr Kumar now awaits sentencing, which will determine the legal consequences of his actions.
