Honest, hardworking medical professionals ... physicians, chiropractors, physician's assistants are waking up at 7:30 am to a knock on their door. A team of law enforcement officers from the Department of Insurance handcuff them, their spouses and their children as they make their arrest.
The doctor sits in a jail cell waiting to be fingerprinted, waiting for someone to get him out of their. But it doesn't happen right away. The bail is $ 1,000,000.00 and the bail bond company wants an appraisal on the house that will secure the bond. Lunchtime comes and the doctor is still in jail. He looks at the open toilet shared by 10 men in the waiting area. Hours go by it is getting dark. Still no bail. He is moved to the main housing unit and given a jail jump suit. He is searched, intimately and given a room with a roommate. The roommate is experienced. He is charged with burglary. He has been locked up much of his adult life. "Don't worry, doc" he says. "They'll bail you out. It just takes time." A lawyer comes to the jail the next morning and promises him that it will work out. Court is in the afternoon and the judge reduces bail to
$ 500,000. Four hours later, bail is posted and the doctor goes home. He wants to cry but he can't. His wife and his children seem strangely distant. His practice seems like a dream.
This is happening to an increasing number of medical professionals as part of a concerted effort by the Insurance Industry to cause high profile arrests to send a chill through medical practitioners who provide services that the insurance companies consider excessive, or investigational or those who provide services to under served groups including minorities.
The mere fact of the arrest accomplishes the goal of the insurance carriers. It is a warning shot that puts all practitioners on notice not to run afoul of the insurance industry. This is the "blue sky" effect. When it's raining, people run for the blue sky. The insurance carriers win, even if charges are eventually dismissed.
Millions of dollars are spent preparing investigations of doctors. The insurance carrier then shops the case to various prosecutor's offices, to various people in the state department of insurance. The insurance company does most of the work and uses state law enforcement to their bidding.
If you are the victim of this type of arrest, don't despair. Lawyers specializing in this area have a tremendous record of success. We have a civil lawsuit for damages filed right now in the District Court of California. Five professionals wrongly arrested are now suing the prosecutors, investigators and insurance company for damages arising out of their false arrests.