A West Jordan doctor has been found guilty of defrauding patients and insurance companies out of thousands of dollars.
A federal jury found Dr. Robert C. Davis guilty of 32 counts of federal mail and Medicaid fraud Friday. Despite the verdict, Davis will still be able to treat patients at the Family Medical Center, 1519 W. 9000 South. "The public, as always, must make a choice," said David Robinson, director of the Utah Division of Occupational and Professional Licensing. "A felony conviction is grounds for revoking a doctor's license, but it isn't mandatory revocation. We'd have to seek it."State officials will meet next week to decide whether to do that, he said.
The jury deliberated four days before returning the verdict at 2 p.m. Friday. Davis was stunned by the decision.
"I don't know which trial the jurors were at, but it wasn't this one," he said after the verdict was read.
But Davis' critics think a criminal verdict has been too long coming. Angry patients have picketed the Family Medical Center and the Division of Occupational and Professional Licensing over Davis' exorbitant fees and excessive testing.
State and federal investigators teamed up to investigate Davis more than two years ago. Investigators from the state Medicaid Fraud Bureau, the licensing division, the U.S. Postal Service, the U.S. attorney's office and the FBI put together a 41-count fraud case against Davis.
U.S. District Judge David Winder dismissed four of the counts during the trial. The jurors found Davis not guilty on four counts and were undecided on a fifth count.
Disgruntled Family Medical Center patients were pleased with the verdict. "That's wonderful. It renews our faith in the justice system," said Melva Geare.
Geare and her husband made two brief visits to the Family Medical Center a year ago when they suffered from the flu. The Geares, like many witnesses who testified against Davis, had to undergo a battery of tests before they could see a physician.
Clinic personnel insisted the couple return five days later or they couldn't get a full 10-day cycle of antibiotics, Melva Geare said. On the couple's second visit, Davis ordered more blood and urine tests. "Then they said Dr. Davis wanted an EKG. I couldn't believe it. I said `Wait a minute. We're only here because you wouldn't give us all of our antibiotics unless we came in.' "
Davis billed the couple more than $900 for the two visits, she said. "I told them they had to submit these claims to Medicare, but they still billed us with interest tacked on. I have written to Dr. Davis to complain and he didn't respond. I called the office several times and left messages. He didn't return my calls. It's impossible to get to him to resolve these things."
So the Geares - like dozens of other patients from the center - began complaining to officials and politicians. "I wrote letters to Sen. Garn and Sen. Hatch. I filed a claim with the state. I don't know what his sentence is going to be, but at least he was found guilty. After my sad experience with him, I have no doubt that he truly is guilty."
In December 1989, the state charged Davis with 155 counts of unprofessional conduct. Administrative Law Judge Steven Eklund dismissed 16 of the claims last year. He put the remaining 139 allegations on hold until after Davis' criminal trial.
Robinson believes the guilty verdict will make it easier for the state to discipline Davis for unprofessional conduct. He plans to amend the state's complaint against Davis to include the 32 felonies. "Surely that will help our case."
Davis sat quietly through the 31/2- week trial while his attorney vainly tried to convince jurors that the government's charges were really nothing more than billing disputes with patients. He did not take the stand in his own behalf.
Prosecutors were pleased with the verdict. "This was a jury that was careful and deliberate," said assistant U.S. Attorney Stan Olsen.
"This is not an isolated case of medical fraud," said U.S. Attorney David Jordan. "It would be naive to assume that the only health-care fraud case in the state is the one we dealt with today."
Winder will sentence Davis on Aug. 6. Davis faces up to five years in prison and a $250,000 fine on each of the 32 counts.