Arthur Misischia, DMD v.|
St. John's Mercy Health Systems
In 1994, Dr. Misischia spoke out against unnecessary surgeries and fraudulent billing at St. Johnís Mercy Health Systems. The hospital retaliated by suspending his privileges to practice at the Hospital. Dr. Misischia sued in state court, and prevailed against Dr. John J. Delfino, who was in charge of the relevant department at the Hospital. But the wrongful acts did not end in 1994. For example, the Hospital persisted with a defamatory entry about Dr. Misischia in the National Practitioner Data Bank. In 2001, the Hospital demanded that he not testify at a malpractice trial as a condition of correcting its defamatory entry about him in the Data Bank. Dr. Misischia filed a new complaint under the Racketeer Influenced and Corrupt Organizations Act (RICO).