By Author-Contributor Jane M. Orient, M.D., http://www.drjaneorient.com/credentials.php
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As cardiovascular surgeon John Natale, M.D., sits in federal prison, the Seventh Circuit Court of Appeals in Chicago heard his appeal on April 18. The implications of the case are profound, the judge noted: Any error in any medical record related to a health program could be a federal crime.
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As cardiovascular surgeon John Natale, M.D., sits in federal prison, the Seventh Circuit Court of Appeals in Chicago heard his appeal on April 18.
After a seven-year investigation, Dr. Natale was indicted for Medicare fraud. Unlike the majority of federal defendants, who feel compelled to cave in by signing a plea bargain even when innocent, Dr. Natale courageously exercised his constitutional right to have a public trial. That is in itself considered an “obstruction of justice” by our government. The conviction rate is more than 95 percent, and sentences 
may be much longer than those meted out to “cooperative” defendants.
The jury found Dr. Natale not guilty on all of the fraud charges. But he was convicted on two counts of making “false statements” in his operative reports. Over his objection, prejudicial diagrams were sent to the jury room, supposedly representing the operation described in the operative report as well as the operation that was actually done. As anyone can see, a Y-shaped graft (mentioned in the operative report) is different from a tube-shaped graft (placed in the patient, by the doctor’s own admission). The government had thereby emphasized a false statement by Defendant. More
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