Showing posts with label Tennessee. Show all posts
Showing posts with label Tennessee. Show all posts

Saturday, June 13, 2015

An East Tennessee State University medical school psychiatrist Sues Claiming False Arrest for DUI (Despite Failing Streetside Sobriety Tests)

Apparently local Law Enforcement was not appropriately deferential and arrested him because he failed the tests. Also, if he is in such rough shape (as alleged in the lawsuit), what business does he have being a psychistrist? Note this quote from the story:

Also, during the booking process, Agrawal said Stillwagon’s data entry device made a “machine gun” sound, which further terrified Agrawal.
I sure wouldn't want him even as a regular doctor! Paranoia anyone?

It is rare that a shrink gets the same treatment that patients often do. He also sounds like he is looking for a payday

From a report in the Johnson City Press
An East Tennessee State University medical school psychiatrist at the Veterans Affairs Medical Center, Mountain Home, has sued Washington County, Johnson City and a city police officer over an alleged bogus DUI arrest and his treatment while jailed nearly 36 hours.

Dr. Newton Agrawal filed the lawsuit through his attorney, Richard Pectol, in Washington County Circuit Court May 28, almost one year to the date of his arrest. Agrawal was pulled over around 11:50 p.m. on May 30, 2014, near the intersection of Buffalo and East Main streets by Johnson City Police Officer Kirt Stillwagon and ultimately arrested on two charges — DUI and violation of the light law. Months later, blood alcohol test results showed no alcohol in Agrawal’s system and a toxicology report indicated all drug tests were negative. Both charges were dismissed by state prosecutors in October.

According to the filing, Agrawal had attended a gathering of co-workers at Gourmet & Co. earlier in the evening, where he had one alcoholic drink around 7 p.m. During the time at the restaurant, Agrawal ate a meal and drank water. Around 11:30 p.m., Agrawal left the restaurant to drive home, but was pulled over by Stillwagon, “purportedly for driving with a headlight that was not illuminated,” the suit states.

Agrawal apparently admitted to Stillwagon that he had been at Gourmet & Co. and consumed one alcoholic drink. That’s when Stillwagon asked Agrawal for his license and vehicle registration. According to the warrant charging Agrawal with DUI, Stillwagon said the doctor “fumbled papers, losing focus on what was asked originally.” The warrant does not indicate Stillwagon smelled alcohol, observed bloodshot eyes on Agrawal or that Agrawal had slurred speech or was driving erratically.

Stillwagon then administered several field sobriety tests — finger dexterity, on which Stillwagon said Agrawal did poorly; recite the alphabet from E to Q, which was performed correctly; horizontal gaze nystagmus — the follow-my-finger” test; as well as the walk-a-straight-line test. Both of the last two tests were performed poorly, according to Stillwagon’s affidavit of the arrest.

Agrawal stated in the suit that he was forced to conduct the field sobriety tests on a sloped surface while wearing formal shoes and with flashing lights from three police cars blinding him. He also asked Stillwagon to allow him to calm down for a few minutes because the act of being pulled over, and that multiple police officers responded to the traffic stop, caused him to be nervous and anxious. The lawsuit indicates Stillwagon refused Agrawal any time to calm himself before performing the tests, and he also denies performing poorly on the tests.

Stillwagon took Agrawal to Johnson City Medical Center approximately one hour after the stop for a blood test, but did not perform a breathalyzer, according to the lawsuit.

Once at the jail, Agrawal said he was mistreated by booking officers who refused to allow him to call to a bondsman, tried to force him to sign a statement indicating he was suicidal and then refused Agrawal a mental health assessment when he requested one. Following the booking process, Agrawal said he was told to strip naked, and was then placed in a suicide watch cell where he was kept from May 31, 2014, until the morning of June 2, 2014. Also, during the booking process, Agrawal said Stillwagon’s data entry device made a “machine gun” sound, which further terrified Agrawal.

During that time in the suicide watch cell, Agrawal said he was given only a thin paper sheet to cover himself and was housed with two inmates also placed on suicide watch. Also, Agrawal said he attempted to get the attention of booking officers numerous times to ask to arrange for bond and for his heart medicine, but he was ignored by the officers who sat just feet away from the cell.

Agrawal said in his lawsuit that he did not receive a mental health assessment until June 2, and it was conducted over the phone. That morning he was also allowed to call a bondsman so he could be released from jail. ”Stillwagon’s tortuous acts and omissions as described ... will continue to cause (Agrawal) to suffer fear, terror, nightmares, embarrassment, humiliation, damage to his professional reputation as a medical doctor .... emotional stress, mental anguish, a disruption of his normal everyday life activities, and a loss of the enjoyment and pleasures of life,“ the suit states.

The suit, which states Agrawal also suffered physically from being “slammed by Stillwagon onto the hood of his patrol car and onto the counter in the Washington County Detention Center,” asks for a judgment against the defendants for a total of $1.8 million in compensatory damages. The lawsuit had not been served on the city, county or Stillwagon as of Wednesday morning. Once it is served, the parties have 30 days to file a response.

Tuesday, June 30, 2009

Psychiatrist Sam Castellani Allegedly Forced Patient To Perform Sex Act To Receive Prescription

From WSMV - Nashville - Nashville Doctor Arrested On Rape Charge - Psychiatrist Allegedly Forced Patient To Perform Sex Act To Receive Prescription



NASHVILLE, Tenn. — A Madison-based psychiatrist is facing a rape charge after he was arrested on Thursday.

Police said Dr. Sam U. Castellani, 67, is accused of raping a 36-year-old female patient on March 23.

Castellani, a Brentwood resident, was taken into custody at his 500 Lentz Road office in Madison.

Police charged him with one count of rape for allegedly forcing the patient to perform a sex act on him in order to receive her medication prescription.

The investigation of the March 23 incident began on May 27 when the victim came to police headquarters and reported the matter.

The alleged victim told police that her March 23 appointment was changed from mid-afternoon to 6 p.m. According to police, she said during the appointment Castellani wrote out her prescription, placed it on his desk and then exposed himself.

During the investigation, police said detectives found evidence that the alleged incident occurred and that Castellani may have had sexual contact with other female patients.

The public is urged to call the Metro Sex Crimes unit at 862-7540 if they had any inappropriate or illegal activity connected with Castellani.

The doctor is free on $74,999 bail.
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Thursday, July 17, 2008

Woman files suit against psychiatrist boyfriend after crime spree.

As reported in the Milwaukee Journal Sentinel

A former Cedarburg woman who along with her psychiatrist boyfriend led police on a cross-country chase has filed a lawsuit against him alleging medical malpractice because the two began a sexual relationship while she was his patient.

Darcy J. Bogenrief, 43, alleges in the lawsuit filed in Ozaukee County Circuit Court that she sought treatment in late 2001 or early 2002 from former Thiensville psychiatrist Lyndon K. Steinhaus, 48, the two began a sexual relationship later in 2002 and he continued to be her doctor and prescribe medication for her until at least December 2006.

Steinhaus’ “conduct was negligent and in violation of the standards of care” prescribed in state law, the lawsuit alleges.

According to the lawsuit, Bogenrief “sustained severe physical, mental and emotional injury” and “loss of earning capacity and has incurred medical and related expenses in the past” and will continue to do so.

Steinhaus’ medical insurer and a state risk-sharing fund for health-care providers also are named in the lawsuit.

Bogenrief, a Marquette University Law School graduate who formerly practiced law in Illinois, and Steinhaus are each charged in Ozaukee County with misappropriating Steinhaus’ ex-wife’s identity.

They used it to open bank accounts, apply for credit cards and buy jewelry as revenge for her seeking child support, according to a criminal complaint.

They were arrested in November 2006 in Gillette, Wyo., where Steinhaus was employed as a child psychiatrist after years of practicing in Ozaukee and Washington counties, and charged with one felony count of identity theft. Steinhaus also was charged in Wyoming with 27 misdemeanor counts of illegally prescribing drugs to Bogenrief.

After posting bail in Wyoming, the pair led police on a two-week cross-country spree that included trashing a South Dakota motel room; crossing into Canada, where Bogenrief was arrested on suspicion of drunken driving; posting bond in Montana by leaving behind a BMW car; and finally being arrested in Brownsville, Tenn., when they stopped at a check cashing store to get an advance on a federal income tax refund, according to authorities and court records.

Steinhaus served nine months in jail in Gillette and then was extradited to Ozaukee County. He was freed after posting $10,000 bail and now lives in Kewaskum while awaiting trial, according to online court records. He is next due in court on July 23.

According to Wyoming court records, Bogenrief was found not guilty by reason of mental disease or defect.

She is free on a signature bond. She lives in Gillette and is under treatment there, according to court records. She is due in court Oct. 7.

Thursday, May 29, 2008

Psychiatrist indicted on two counts of statutory rape

From the Crossville Chronicle

A Cookeville psychiatrist who had an office in Crossville has been indicted by the Cumberland County Grand Jury on two counts of statutory rape by an authority figure, according to the Cumberland County Sheriff's Department.

Dr. Chip Hayward Fountain, 44, was indicted by the grand jury on May 6 after "a thorough investigation" by the Department of Children's Services, District Attorney General's Office and the sheriff's department. Fountain surrendered to authorities at the Justice Center on May 27.

A press release states that Fountain, who in addition to Cookeville and Crossville, had an office in Livingston, is accused of "being sexually involved with a former juvenile female patient."

Bond was set at $15,000 and Fountain is scheduled to appear for arraignment in Cumberland County Criminal Court on June 2, according to Investigator Jeff Slayton's release.

Fountain graduated from Texas Tech University Health Service Center School for Medicine in the late 1990s.

Wednesday, February 13, 2008

Psychiatrist Accused Of Putting Price On Prayer

Report from News Channel 5 in Nashville, Tennessee

Many people believe in the healing power of prayer. But should that power come at the expense of taxpayers?

NewsChannel 5 Investigates learned one local doctor may have billed Medicare for more than just medicine.

Investigative reporter Ben Hall tracked down the doctor who was apparently taking taxpayer money to pray with patients.

The power of prayer can get people through tough times and people have traditionally given it freely, but investigators said a Midstate psychiatrist and minister paid church members to visit nursing home patients and then charged taxpayers.

When asked if he used unlicensed people to bill Medicare for psychotherapy services, Dr. Cupid Poe said, "No comment."


Poe declined comment, but court documents obtained by NewsChannel 5 indicate that agents raised questions about whether he fraudulently billed Medicare for more than $250,000.

Poe often used well-meaning church members to provide psychotherapy.

"I observed them as a therapist and a counselor, a medical therapist and a medical counselor," said Delano Avent.

Court documents indicate Avent was one of Poe's former patients. Poe invited him to church.

Avent said Poe paid him to meet with nursing home patients.

Investigators said Poe billed Medicare as if the patients received psychotherapy services.

When asked what type of training he had, Avent replied, "I have training with my family."

Despite the lack of training, investigators said he treated six residents at the Briley Nursing and Rehabilitation Center.

"I would ask them how they are doing. ‘How do you feel? Did you like your lunch? Did you like your dinner?'" Avent said.

That, federal agents said, does not constitute psychotherapy.


But Avent was not alone.

"We don't bill nobody. What we do, we just pick and sing and go home," said J.D. Russell, a minister.

Russell and his wife said they didn't know Poe was billing Medicare. They visited nursing home patients and held worship services.

When asked if what they did was considered to be psychotherapy, Russell said

"No picking and singing, I don't think, comes nowhere near it," Russell said.

Court documents showed that Poe told federal investigators he used "extenders" to treat patients - "people operating under his supervision."

Poe used people such as the Russells, Avent as well as his daughter, a licensed cosmetologist. She is not a licensed psychiatrist.

Investigators started looking into Poe when they noticed that he billed Medicare for more than 24 hours of psychotherapy services in a single day 50 times.

There were other concerns as well.

In his own counseling sessions Poe told investigators "he asks if the patient would like to sing a song; reads a verse or two of scripture; and closes with a prayer." He also said he "generally spends 20 minutes" with a patient instead of the required 50.

"I don't believe we are going to find therapy that can substitute for the healing power of God," Poe said during a television interview with Dr. James Haney, who hosts a program on local television.

Poe has done many television interviews talking about Christian counseling.

"My job and concern was to observe them and sing hymns with them," Avent said.

He believes anyone was qualified to do it.

But should taxpayers pay for it?

"Do you think taxpayers deserve an explanation?" Hall asked Poe, who did not answer.

His attorney said his client is cooperating with the investigation and he hopes to reach some kind of resolution with the federal government.

Poe billed Medicare between 2004 and 2006.

His attorney said there has been a lot of negotiating back and forth. The federal government wants to send a message that it's cracking down on Medicare fraud.

Medicare fraud by doctors and patients has grown in recent years. Last year, federal officials said investigators discovered more than $3 billion in fraud.

Saturday, October 27, 2007

Thiensville psychiatrist in court, captured after manhunt

From the Milwaukee Journal Sentinel

A former Thiensville psychiatrist who, along with his lawyer girlfriend, led police on a High Plains manhunt that ended in Tennessee this year was back in Ozaukee County Circuit Court Friday on charges he stole the identity of his ex-wife and used it to open bank accounts, apply for credit cards and buy jewelry as revenge for her seeking child support from him.

Judge Joseph D. McCormack scheduled a preliminary hearing for Tuesday in the case of Lyndon K. Steinhaus, 47, who is in custody in the Ozaukee County Jail after spending the last nine months in a Gillette, Wyo., jail.

Steinhaus and Darcy Bogenrief, 42, sent taunting e-mails to his ex-wife, a criminal complaint says.

They used the woman's identity to take an online questionnaire, "Are you a slacker mom?" and sent the results to her; purchased a subscription to the Brotherhood of Father's Rights newsletter; and filed a change of address so that her mail would be forwarded to Oregon, the complaint says.

Steinhaus and Bogenrief were arrested in Gillette on Nov. 8, 2006. Steinhaus was employed there by a hospital as a child psychiatrist after he worked for years as a psychiatrist in Ozaukee and Washington counties.

Steinhaus and Bogenrief are each charged with one felony count of identity theft for financial gain. If convicted, they could be imprisoned for six years and be fined $10,000.

Bogenrief is a Cedarburg native and a Marquette Law School graduate.

"Both of them have special needs that were the catalysts for his actions," Frank Schiro, Steinhaus' lawyer, said Friday.

After being arrested and posting bail in Wyoming, the pair took off on a two-week, cross-country spree that included crossing into Canada, where Bogenrief was arrested for suspicion of drunken driving; and posting bond in Montana by leaving behind a BMW.

They were finally arrested in Brownsville, Tenn., when they stopped at a check cashing store in an attempt to get an advance on a federal income tax refund.

When the tax preparer called the Internal Revenue Service, the preparer was alerted through the National Crime Information Center that the couple was "suspicious."

Steinhaus also was charged in Wyoming with 27 misdemeanor counts of illegally prescribing more than 3,000 tablets of Methylin and methylphenidate hydrochloride, which are closely related to the drug Ritalin, to Bogenrief from May 18 to Oct. 26.

Steinhaus served nine months in jail in Gillette on those charges and then was extradited to Ozaukee County, Schiro said.

Steinhaus is being held on a probation violation in the Ozaukee County Jail stemming from a third drunken-driving charge in Milwaukee County.

According to Wyoming court records, Bogenrief was found not guilty by reason of mental disease or defect for charges filed in Wyoming and was committed to a mental health facility.

Bogenrief appeared in Ozaukee County Circuit Court in September and was freed on a signature bond. McCormack allowed her to return to Wyoming to continue receiving treatment. She is due in court Nov. 12.

Sunday, September 23, 2007

Psychologists Shot Down Nine Times in 2007

Seen in this report

The National Psychologist reported in its Sept/Oct 2007 issue that prescription privileges bills to give psychologists prescription privileges in nine different U.S. states failed in each and every case. Most never left committee, reflecting the leadership’s unease of granting prescription rights to non-medical professionals.

The bills failed in Hawaii, California, Georgia, Illinois, Mississippi, Missouri, Montana, Tennessee and Oregon. It came closest to passing in Hawaii, but was vetoed by the governor when it reached her desk.

What’s at stake here?

Two powerful professional organizations — the American Psychological Association and the American Medical Association — butting heads over whether it is safe to allow psychologists, with additional medical training, to prescribe psychiatric medications.

Psychologists receive little or no formal training in medicine in their graduate studies today (as most physicians who are not psychiatrists receive little or no formal training in psychological theory and practices). If psychologists gained greater prescribing authority, they could rely less on medical doctors, such as psychiatrists, to prescribe common psychiatric medications.

Psychologists argue that there is a demand for such services in rural and areas throughout the country that currently do not have coverage by psychiatrists.

Doctors argue such privileges are already available to professionals who want them by undergoing medical school or similar training.

Psychologists believe they don’t need such intensive training because psychiatric medications are largely limited to affecting the mood, and don’t interact as much with other body systems.
As anyone who has looked into the side effects of psycho-active drugs knows, this last point is a woefully naive take on the situation. I can only imagine what additional horror stories await us if this were to go through.

Tuesday, June 26, 2007

Psychologist enters plea in fraud case

Via the Jackson Sun

Jackson psychologist Dr. Lorne Allan Semrau entered a not guilty plea in federal court Wednesday after he was indicted Monday on fraud charges, said Semrau's Covington-based attorney J. Houston Gordon.

A federal grand jury indicted Semrau, charging him with submitting $4 million worth of false and fraudulent claims to defraud health care benefits programs such as Medicare and Medicaid in Tennessee and Mississippi, according to a press release from U.S. Attorney David Kustoff on Tuesday.

Gordon on Wednesday said Dr. Semrau had no comment on the case.
"Dr. Semrau entered a not guilty plea in federal court,'' he said. ''We will let the process work its way. That's why we have courtrooms and juries."

Semrau, a native of Canada and a resident of Madison County, studied at Vanderbilt University. He is owner, president and CEO of Superior Life Care Services and Foundation Life Care Services.

Semrau's wife, Kat, owns The Painted Lady and Art Under a Hot Tin Roof in downtown Jackson.

When The Jackson Sun contacted Kat Semrau at home Wednesday evening, she referred all questions regarding her husband's case to their attorney.

The indictment charges Lorne Semrau with laundering money in order to continue the billing scheme.

According to the indictment, Semrau contracted with nursing homes in Tennessee and Mississippi to provide medication and mental health services to residents.

Semrau then allegedly contracted with psychiatrists to perform the services pursuant to the nursing home contracts, a press release said.

The indictment states that Semrau then implemented a billing scheme to defraud Medicare, Medicaid and others by submitting, through his companies, claims for services that were not provided by the physicians and claims that Semrau knew to be false.

The indictment further says that between 1999 and 2005 Semrau submitted fraudulent billings to health care benefit programs in excess of $4 million.

The health care charges carry a maximum penalty of 10 years imprisonment.

This indictment follows an investigation by the U. S. Attorney's Health Care Fraud Task Force in the Western District of Tennessee, the release said.

Tuesday, June 19, 2007

Overmedicated Kids?

From WTVF in Nashville

If something's wrong - pop a pill. Many experts argue we're an overmedicated society, kids included. Last year, doctors wrote more than 30 million prescriptions for ADHD meds alone. Are they just looking for a fast fix when many pediatricians are booked to spend only five minutes on each child?

Four million kids in the United State are diagnosed with ADHD, and more than half take medication for it.

Nine-year-old Melissa is one of those of kids, but after being put on the drug straterra, the side effects were worse than the symptoms.

"I think that the medication numbed her. She wasn't happy; she was nothing; she was just there," parent Cecilia Johnson said.

These concerns are real. The FDA now requires several ADHD drugs to carry warning labels about risks for heart and behavioral problems.

Child Psychiatrist Glen Elliott said psychiatric drug dangers are part of a bigger issue.

"There is a very strong debate about should we be going back to the old drugs, which had some side effects that we really disliked, or do we put up with the new ones, which do not have side effects but have new effects," Elliott said.

So what do parents need to know? First, talk to your doctor about alternatives like dietary changes that eliminate wheat and citrus and add supplements with fatty acids. But, don't be fooled by the allure of natural treatments.

"There are lots of poisons out there that are very natural and very deadly, and there are lots of poisons out there that have no benefit whatsoever," Elliott said.

Perhaps most important, don't underestimate your own level of expertise.

"The parents come as the expert on that child," Elliott said.

For Melissa, that meant getting her off drugs through counseling.

"Don't let the doctors and schools convince you that drugs and medicating your child is the only way," Johnson said.

For some kids, it might take more, but Melissa's back to her old self.

Also, don't believe everything you see on the internet either, especially something that guarantees 100 percent effectiveness with no side effects.

Elliott said any powerful treatment has the potential for powerful side effects.

Tuesday, January 16, 2007

Former psychiatrist caught after holiday crime spree

More on the now infamous Lyndon Steinhaus, and Darcy Bogenrief, as seen here

A former psychiatrist from Thiensville and his girlfriend face a laundry list of charges, mostly in Wyoming.

Lyndon Steinhaus, 47, and Darcy Bogenrief, 41, are in jail in Brownsville, Tenn., but only after a two-week holiday manhunt that reportedly included drunk driving in Canada, the trashing of a hotel room in South Dakota, and leaving behind a BMW in Montana as bond. They’ll be extradited to Gillette, Wyo., for a court hearing late next month.

For starters, Steinhaus is charged in Ozaukee County with stealing his ex-wife’s identity to open bank accounts, get credit cards, and buy jewelry. It was apparently in retaliation, after she tried to make him pay child support.

In Wyoming, he and Bogenrief face similar identity theft charges after he became a child psychologist there. Authorities said Steinhaus prescribed extra Ritalin that apparently made its way to methamphetamine users.

They were finally caught when they tried to get an advance on their tax returns, and the Internal Revenue Service flagged them as being wanted.

Bogenrief is an attorney, and her mother said she has a serious mental condition.

Steinhaus was a psychiatrist for years in southeast Wisconsin, specializing in treatment for alcohol and other drugs. But officials said he struggled with abuse himself. He still faces a third drunk driving charge from last June in Milwaukee County.

Friday, January 12, 2007

State and Federal Government Accuse Local Psychiatrist of Fraud

From WDEF in Chatanooga, Tennessee

The federal and state governments are working together to get their money back from a local psychiatrist.

They've filed a joint lawsuit against Dr. Gulshan Sultan who has an office in Cleveland.

The suit alleges she made false claims on services to both Medicaid and TennCare.

It says she filed more than 200 bogus claims of face-to-face meetings, and even booked more than 24 hours of services in one day.

Dr. Sultan has previously pleaded guilty to criminal charges of false billing for psychiatric services perfomed by her nurse.

Thursday, January 11, 2007

Jackson psychiatrist accused of fraud pays settlement

From WMC-TV 5 out of Memphis, Tennessee

A Jackson psychiatrist has agreed to pay 216-thousand dollars to settle allegations of Medicare and Medicaid fraud after a multiyear investigation concluded.

The U-S Attorney's Office alleges that Doctor Viacin Faeza Jones misused billing codes and billed Medicare and Medicaid for excessive numbers of patients per day. A U-S Department of Justice release says that Jones billed for treating up to 116 patients in a single day and was paid about 30 to 125 dollars from Medicare or Medicaid for each claim.

The 216-thousand dollar settlement represents repayment for the wrongfully obtained funds, plus penalties in excess of 100-thousand dollars.

Thursday, December 14, 2006

Psychiatrist charged with endangerment

From the Fayette County Review

A Memphis psychiatrist was arrested by Fayette County sheriff’s deputies Friday and charged with reckless endangerment and illegal possession of a firearm.

Dr. Mark Luttrell, 47, of 415 W. Key Road in the Fisherville community was released on an appearance bond Saturday morning. He was scheduled to be arraigned Monday in Fayette County General Sessions Court.

Ray Garcia, public information officer for the sheriff’s office, said that on Dec. 5, deputies received a call that there was a vehicle partially in the roadway in the 200 block of Key Road. They found the vehicle unlocked with the keys in it, along with two loaded weapons—a .45-caliber pistol and a .22-caliber revolver—and some armor-piercing rifle ammunition.

When the deputies determined that the vehicle was registered to Luttrell, Garcia said they attempted to make contact with him at the Key Road address listed on the registration. The vehicle was towed to Hannah’s.

Friday morning, he said, Luttrell came to the sheriff’s office, where he was arrested on the charges. That afternoon, deputies went to his residence with a search warrant issued by General Sessions Judge Mike Whitaker.

Garcia said the case is still under investigation.