Physician sues Monongalia Radiology Associates, alleges fraud

By Kyla Asbury | Dec 14, 2012

MORGANTOWN – A physician is suing Monongalia Radiology Associates, P.C., alleging fraud and breach of fiduciary duty.

Dr. Surendra Pawar, Mark Krauland, James Bolt and Kline, Keppel & Koryak, P.C., were also named as defendants in the suit.

On Oct. 1, 2008, Dr. Stephany Swart, Pawar and Dr. Teppe Popovich formed Monongalia Radiology Associates, according to a complaint filed Dec. 10 in Monongalia Circuit Court.

Swart claims she was the director of MRA and Pawar had control over the assets of MRA.

On March 27, 2009, Dr. Eric D. Johnson was hired as an employee of MRA and Swart requested Pawar to permit inspection of employment contracts of all employees and independent contractors, however, Pawar refused her requests, according to the suit.

Swart claims on multiple occasions, Pawar falsely accused her of missing days of work and leaving work early and informed others of this false accusation.

On May 3, 2011, Pawar falsely informed Monongalia General Hospital that Swart did not have all her Continuing Medical Education requirements completed and accused Swart of submitting fraudulent Continuing Education hours, according to the suit, and informed Preston Memorial Hospital of the same false accusations.

Swart claims as a result of Pawar’s false accusations, she was suspended from reading mammography for a period of time at Monongalia General Hospital.

Pawar also fraudulently created two patient complaints for the purpose of terminating Swart’s relationship with MRA, according to the suit.

On Jan. 31, 2011, Swart claims Pawar executed a new Radiology Agreement with Monongalia General without first presenting the agreement to Swart to review and on April 14, 2011, he unilaterally appointed Johnson as Vice-Chairman of Imaging Services Department.

Swart claims Pawar sought to hire a physician who had a criminal past and whose license had previously been suspended by the State Medical Board of Ohio for use of cocaine.

Pawar unlawfully reduced Swart’s pay by falsely informing the payroll company, Kline, Keppel and Koryack that Swart did not work days that she, in fact, did work, according to the suit.

Swart claims the defendants engaged in a scheme or artifice to defraud her of her ability to conduct business by refusing to tender financial and organization documents of MRA to her and by permitting Pawar to receive reimbursement for improper personal expenses through MRA.

The defendants breached their fiduciary duty by failing to properly maintain and preserve the assets of MRA for the benefit of those that are provided for in the operating agreement, according to the suit.

Swart is seeking damages in an amount to be determined at trial. She is being represented by Paul J. Harris and James T. McClure.

Monongalia Circuit Court case number: 12-C-858

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