Bend gynecologist suing St. Charles for $4.05 million

David Redwine alleges wrongful termination of contract allowing him to perform surgeries at hospital

By Shelby R. King / The Bulletin


Published Jan 5, 2014 at 12:01AM / Updated Jan 5, 2014 at 09:59PM

A Bend gynecologist is suing St. Charles Health System alleging wrongful termination of his privilege to practice medicine at the hospital, according to documents filed in December in Deschutes County Circuit Court.

David Redwine is suing St. Charles for $4.05 million.

He claims the hospital in May 2012 informed him his “appointment and privileges with the hospital were automatically terminated” because he was no longer eligible to accept payment from Medicare and Medicaid by ruling of a government agency.

Redwine disputes the hospital’s claim that he is not eligible to accept Medicare and Medicaid payments, stating the federal Office of the Inspector General maintains a List of Excluded Individuals and Entities containing names of physicians who are excluded. The list, obtained by The Bulletin, does not include Redwine’s name.

The lawsuit further alleges that, in order to be excluded from Medicare, a physician must be convicted of either program-related crimes, patient abuse, health care fraud or a controlled substance offense. The Oregon courts website shows Redwine has no record of a felony conviction in the state.

Redwine “has never been excluded from Medicare by the OIG or any other agency of governing physicians or their ability to work within the guidelines prescribed by Medicare,” according to court documents. Further, Redwine has never been convicted of any of the felonies listed above, according to the lawsuit.

The lawsuit alleges St. Charles failed to adequately investigate whether Redwine was excluded from participation in Medicare and Medicaid programs, and thereby wrongfully terminated its contract with him.

Redwine is claiming economic damages of $4.05 million, the equivalent of 2.5 years of lost income as a result of the hospital’s termination of his contract and ability to perform surgeries at St. Charles.

In 2011, Redwine was reprimanded and placed on one month’s suspension after the Oregon Medical Board found he violated state law with dishonorable conduct and repeated acts of negligence. The suspension case was a result of Redwine’s sexual relationship with a patient. He also improperly prescribed drugs to the patient and members of her family.

That temporary suspension is not the same as an OIG exclusion from eligibility for participation in the Medicare and Medicaid programs.

Calls to Redwine’s lawyer, David Brown, were not returned. Redwine declined to comment when reached by telephone.

It is St. Charles’s policy not to comment on pending lawsuits, said spokeswoman Kayley Mendenhall.

This is the third lawsuit filed against St. Charles since November alleging more than $1 million in damages. Redwine has been the plaintiff in three other civil suits filed in Deschutes County since 2008.

—Reporter: 541-383-0376, sking@bendbulletin.com