Spine Surgeon Sues Emory Healthcare and Surgeon for Defamation

Atlanta-based spine surgeon James L. Chappuis, M.D., F.A.C.S., has filed suit against Daniel Refai, M.D., and Emory Healthcare Inc. alleging defamation, violation of the Deceptive Trade Practices Act, intentional infliction of emotional distress, and tortious interference with business relations.

The complaint alleges that in April 2019, Dr. Chappuis performed an outpatient multilevel anterior cervical discectomy and fusion. He claims that less than a day after the surgery, the patient’s magnetic resonance imaging (MRI) showed a fluid collection and impinging cord around C3 to C5 level. He states that he performed a second procedure with no adverse changes in the patient’s condition.

Due to shallow breathing the patient was transferred to Emory University Hospital for further evaluation and management. Dr. Refai was the neurosurgeon on-call. Upon admission, Dr. Chappuis claims that “Dr. Refai declared loudly, publicly, and incorrectly that Dr. Chappuis had engaged in ‘malpractice.’”

Dr. Chappuis asserts that the patient’s condition continued to improve. He last saw the patient on May 6, 2019. He states that he intended to transfer the patient to another center. However, Dr. Refai replaced Dr. Chappuis as the patient’s surgeon and the patient remained at Emory University Hospital.

Dr. Chappuis contends that Dr. Refai performed two additional surgeries on the patient on May 9, 2019 and May 13, 2019 “although those surgeries were unnecessary.” Dr. Chappuis argues that after the surgery on May 9, 2019, the patient was a quadriplegic.

He alleges that Dr. Refai provided the patient with false and defamatory information regarding the quality of care provided by Dr. Chappuis. He further alleges that Dr. Refai published “false and malicious allegations regarding the quality of care” received by the patient to other physicians and members of the hospital staff.

Dr. Chappuis claims that Dr. Refai also falsely reported to the National Practitioner Data Bank (NPDB). First, he alleges that Dr. Refai reported to the NPDB that the procedure he performed “was an incorrect procedure and was malpractice.”

Second, he claims that Dr. Refai reported to NPDB that during a subsequent surgery on the patient “he found a suture needle lodged in the soft tissue” of the patient and that Dr. Refai “indicated that the needle was ‘presumably from one of the two previous operations’ performed by Dr. Chappuis.”

Dr. Chappuis argues that this is false because a sponge and needle count were done after both surgeries. Further, he claims that he performed a MRI and CT scan after the surgeries and neither detected the needle.

After the patient was admitted to Emory University Hospital, Dr. Chappuis was informed that the peer review committee (PRC) was going to review the case. Dr. Chappuis alleges that the PRC’s review of this case was “instigated by Defendant Refai out of professional jealousy and was embraced by Emory University Hospital out of its zeal to quash competition.”

As of the date of this article Refai and Emory Healthcare have not filed a response.