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Ex-patients of Michigan cancer doctor outraged warnings weren't shared

Ascension alerted to unnecessary procedures in 2016, but patients weren't told
Dr. Vinay Malviya and peer reviews
Posted at 4:36 PM, Oct 12, 2022
and last updated 2022-10-12 23:25:14-04

(WXYZ) — Patients of a Michigan cancer doctor are furious that Ascension Hospital never shared warnings signs that the physician was performing unnecessary radical hysterectomies, according to internal reviews, putting patients at risk.

Dr. Vinay Malviya was a once-renowned gynecologic oncologist who practiced medicine until 2021.

As 7 Action News first reported in September, the longtime Michigan cancer doctor has been accused by physicians, former patients, state regulators and the Department of Justice of performing unnecessary surgeries, putting scores of patients at risk of needless complications.

Ascension Hospital did not respond to repeated requests for comment.

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Tracey Wolfe was a patient of Malviya back in 2018. She was unaware of the troubling findings dating back to 2016 that Malviya was performing unnecessary surgeries.

Wolfe was referred to Malviya after experiencing intermittent bleeding. After an exam, she learned she had a large cyst on her ovary.

“He told me that there was the possibility it could be cancerous,” Wolfe said. “I was terrified and I just wanted to go ahead and have the procedure and get it over with.”

But instead of removing and testing the cyst, Tracey says Malviya wanted to perform a total hysterectomy: making a large incision in her abdomen and removing her uterus, cervix and ovaries.

“The pain was the worst pain I'd ever experienced in my life,” she said. “And I have a high tolerance for pain.”

The recovery was grueling, Wolfe says, and four years after the surgery, she now suffers from sharp abdominal pain.

The cyst, she later learned, was not cancerous.

“He was just too aggressive,” she said. “And I can’t imagine what has and could have happened to some of his other patients.”

One of those patients was Donna Cain, who saw Malviya in 2018 after experiencing pain in her uterus.

She said her primary care doctor had already diagnosed her with fibroids, not cancer, but that Malviya said she needed a total hysterectomy.

“I went back to my gynecologist,” Cain said. “She did an exam and said, ‘No you don’t.’ I went to my primary care. She did an exam (and said), ‘No you don’t, what is he talking about?’”

But Cain admits she was scared. She had previously had breast cancer and didn’t want to take a chance, so she went ahead the hysterectomy.

“When I went home, I was thinking OK. I’ve gotten this over with. Here comes the healing," she said. “There wasn’t healing. To this day, there’s still pain.”

Cain also said she came away from the surgery with serious complications that sent her to the emergency room.

“They said, 'We’re admitting you,'” she recalled. “I said, 'Why? What’s going on?' You have (a pulmonary embolism). That’s a blood clot on your lungs, and it was developed through your surgery.”

Four years later, Donna says the surgery that was supposed to fix her pain somehow made it worse, while causing new problems for her and her husband.

“We haven’t been intimate since 2018,” Cain said. “Too painful. I don’t know. He messed me up. I feel like I’m really messed up."

As far back as 2016, Ascension Hospital had been warned that the doctor was performing radical hysterectomies when only simple hysterectomies were warranted.

Two more expert reviews concluded Malviya was putting patients at risk with overly-aggressive procedures, with one physician saying Malviya’s “sub-standard surgical treatment may be about lack of knowledge as well as about financial gain.”

The hospital never shared any of this with patients like Wolfe and Cain.

Donna MacKenzie is a medical malpractice attorney who represents both women and is preparing to sue Malviya Wednesday.

“If they took away Malviya’s privileges or credentials or whatever it may be, they would be cutting off that hand that was feeding them,” MacKenzie said.

Since our initial story, MacKenzie says she’s been contacted by nearly 150 of the doctor’s former patients — many who saw him through Ascension Hospital.

“Despite the hospital’s own review, despite the federal investigation, despite the state investigation,” MacKenzie said, “Malviya was allowed to continue to practice, and continued to see patients at Ascension, and Ascension continued to make money from Malviya.”

Ascension ultimately ended its contract with Malviya, but not until years after warning signs first emerged.

The hospital giant did not respond to repeated requests for comment from 7 Action News.

Last year, the hospital agreed to pay $2.8 million to settle claims it billed for unnecessary procedures.

Malviya says he has since retired, according to a spokesman, with his license to practice medicine still intact.

“We allow hospitals and doctors to police themselves,” MacKenzie said. “And I think this is a perfect example of why this does not work.”

Both Malviya and his attorney declined requests for an on-camera interview, but released a statement through spokesman Michael Layne:

“Vinay K. Malviya, M.D., a highly respected gynecologic oncologist, vigorously denies the spurious allegations made against him, which are allegations only. Neither Dr. Malviya nor his attorney will comment on the specifics of any patient matter due to HIPAA Rules and Regulations. After a nearly four-decade career of providing highly specialized, dedicated and loving care to thousands of patients - most referred after treatment from other respected medical professionals in cancer and gynecology care - Dr. Malviya is deeply saddened that his reputation has come under question. He takes great satisfaction in knowing so many of his former patients attribute their longevity and well-being to his dedicated care.”

Contact 7 Investigator Ross Jones at ross.jones@wxyz.com or at (248) 827-9466.