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.'
Department of
Veterans Affairs

MEMORANDUM

Date: November 12, 2009

From:
Subj: Report of Contact Re: Dr. Murtagh
To:

Contract File

1. I received a telephone call from

and
on November
6, 2009 regarding a report of contact they had received from the
Emergency Room nurse who was on duty during the early morning hours
of November 6, 2009. The report of contact Indicates that the MOD, Dr.
Murtagh, may have been Impaired while working his shift this morning,
stating that his gait was unsteady, speech was slurred, and he almost fell
while examining a patient. 7
request that I contact the contractor,
Health Care Partners, and have Dr. Murtagh removed from providing
services since he is scheduled to provide services through November 10,
2009. I responded that I would Immediately contact Health Care Partners
to resolve the Issue.
2. At 9: 15 a.m. I spoke to
from Health Care Partners
and explained that we had received a report of contact regarding Dr.
MurtagA I also shared a redacted copy of the report of contact with
1_1 I requested that Dr. Murtagh be removed from the schedule
until Health Care Partners could determine the reason for this apparent
Impairment and that Impairment had been resolved. I explained that we
are not making any judgement as to the cause of Dr. Murtagh's
Impairment, but we are concerned for his safety if he Is having health
difficulties and for the safety of the patients he Is treating should he fall ill
while he Is covering the emergency room.
{ responded that she
understood our concerns and would look Into the situation. 7
also
brought up the ongoing documentation Issues that dr. Murtagh has been
having at our medica' center and I expressed that It has been my
impression that he and VA staff have been working through those issues
as they were things that could be corrected and I stated that this report of
2 agreed that the
contact has nothing to do with those issues.
report of contact was about a completely different issue then thedocumentation issues and she would respond to me with Health Care
Partners' plan to handle this issue.
7 did mention that Or. Murtagh
had told her that prior to his working for Health Care Partners he had had
some health issues that had caused temporary paralysis. I stated that
whatever the problem was Dr. Murtagh could not see patients while
impaired.

Confidential

JM006630

3. I then called
to let her know that I had spoke to Health Care
Partners about the Issue and Health Care Partners was working on the
issue.
stated that she was not comfortable with Dr. Murtagh
working In the emergency room and would like him removed from the
contract.
4. At 11 :55 a.m.
from Health Care Partners called to tell me
that Dr. Murtagh was being resistant to Health Care Partners policy that
Dr. Murtagh be seen by a physician not affiliated with VA to be cleared for
duty. I
I stated that because of some personality Issues Dr. Murtagh
was having with VA staff (this was the first I heard that there were any
"personality" Issues), some other Issues that Health Care Partners had
been counseling him on, and his reaction and non-compliance In getting
an exam led Health Care Partners to determine that Or. Murtagh was not
working out at the Altoona VAMC and they had removed him from our
contract. Upon hearing this I restated what
1had told me that Or.
Murtagh would not be working at the Altoona VAMC anymore.
responded yes that Is correct unless Dr. Murtagh complies and has an
exam and is cleared by an independent physician.
I also
mentioned that Dr. Murtagh had expressed a concern to her regarding and
Incident that had occurred earlier In the week in the Emergency Room.
_.14 stated that Dr. Murtagh had told her that a patient presented at
the Emergency Room and got Into a fight with another patient. Dr.
Murtagh had told 7
that even though he and the other Emergency
Room had asked the police to restrain the patient, the pollee would not do
so without the approval of the medical centers Director. Dr. Murtagh told

, that eventually the police did Isolate the patient In a private exam
room, but the process had been very long and drawn out and was very
stressful for Or. Murtagh and the oth.e r Emergency Room staff. I thanked
,
for the information, but did not make any further comments
because this was the fIrst I had heard anything about this incident.
1
said that 2
I would get back to me later that afternoon with
a list of the providers who would cover the shifts left vacant from Dr.
Murtagh's removal.
S. I notified
of the outcome of my conversation with '
, Dr.
Murtagh would not be returning to our medical center.
6. Later during the afternoon of November 6, 2009, from the
Chle', Medicine's Office ca"ed me to find out what to tell Dr. Murtagh to do
with his 10 badge. I told her that he would need to return It to the police
office.
7. At 2:43 p.m. I called 1
7 to find out if she had found replacements to
cover Dr. Murtagh's shifts. At that time she did not have all of the shifts
covered, but she was working on it.
8. At 3: 15 p.m.
called me to let me know that the schedule had
been filled.
9. On Monday, November 9,2009 I received an email from Regional
Counsel,
t regarding an email he had received from Dr.
Murtagh regarding the events surrounding his reaving the Altoona VAMC.
_III __., MOD contract COTA, and myself held a

-....

Confidential

JM006631

~ ,\

conference call with

from Health Care Partners regarding
the events surrounding Dr. Murtagh's being taken off of the Altoona VAMC
MOD schedule. 7
was unable to respond with the exact events
surrounding Dr. Murtagh's removal from Altoona's MOD schedule since
, ( and
were traveling to Altoona for a face to face
both lL
meeting with me on November 10, 2009.
10. On November 10, 2009 I met with
and'
and requested
that
7 explain to me what occurred and caused Dr. Murtagh to be
removed from the schedule permanently since I had not requested that
that action be taken. '
responded that while she didn't have her
notes infront of her she would be stating from memory. However,
' ~explalned that after receiving my telephone call on November 6,

2009 she immediately contacted Dr. Murtagh to find out what was going
on. She explained that she had received a concern from the Altoona
VAMC that he seemed to be impaired.
1 said that Dr. Murtagh
seemed surprised by this.
told him that per Health Care
Partners' policy he would need to be seen and cleared by a physician
before he could work his next scheduled shift.
stated that she
had already made Dr. Murtagh an apPointment with a physician in
Altoona. Dr. Murtagh refused to be seen and cleared.
reiterated
to Dr. Murtagh that he would not be able to work his next shift if he did not
get medically cleared.
said at that point Dr. Murtagh said he just
wanted to leave.
said she told Dr. Murtagh that that would be
fine and she then purchased Dr. Murtagh a plane ticket home to Atlanta,
GA. _
also said that Dr. Murtagh had asked if he would get a
positive reference, at which _
had responded that she did not know
she wasn't sure that the Altoona VAMC would look favorably on him
walking away from his scheduled shifts.
11. Later on November 10, 2009 it came to my attention that
believed that I had asked that Dr. Murtagh be removed from the contract
per her direction. After learning this, I explained to _
that I had
not requested that Dr. Murtagh be removed from the contract because I
wanted to let Health Care Partners deal with the issue and respond with
their plan to correct or resolve the situation.
12.lf there are any questions regarding the above information I can be
contacted at extension 7232.

Confidential

JM006632

Department of
Veterans Affairs

MEMORANDUM

Date: December 18, 2009

From:
Subj; James John Murtagh, Jr., MD

To:
1. Dr. Murtagh was placed at the Altoona VAMC by Hea/thCare Partners of
Duluth, Georgia to provide Medical Officer of the Day coverage In the
medical center's Emergency Room. According to HealthCare Partners
this was Dr. Murtagh's first assignment with their company.
2. Prior to working for HealthCare Partners Dr. Murtagh's had been working
at the Dublin, Georgia VAMC as a pulmonologist and at the Fayetteville,
Arkansas VAMC as an emergency room physician and pulmonologlst from
2008 through 2009. Prior to 2008 the majoriN of Dr. Murtagh's recent
work history according to his CV appears to be in the private sector.
However, from 1991 through 1999 Dr. Murtagh had worked at both the
Atlanta and Decatuer, Georgia VAMCs.
3. HealthCare Partners has not assigned Dr. Murtagh to any VA or private
sector medical facilities. But Dr. Murtagh has not Signed and exclusivity
agreement with HealthCare Partners so it Is possible that he may be
working through another staffing or locum tenens agency at another VA
facility. A search of VA's global Outlook Address book shows that there
are two James Murtagh's working for other VA Medical Centers as a
physician at the Biloxi VAMC and Contract Pulmonologlst at the
Fayetteville VAMC.
4. If there are any questions regarding the above Information I can be
contacted at extension 7232.

Confidential

JM006633

Department of Veterans Affairs

NAMEFIRST NAMEMIODle

(I) 'pe ", prilft)

REPORT OF CONTACT

DATE Of' CONTACT

11-06-09

[8J PERSONAL
ADDRESS OF PERSON CONTACTED

TElEPHON&

TELEPHONE NO. OF PERSON CONTACTED

(11tC/lld,,'/,..., Code)

OF INFORMATION

Please refer to Report of Contact completed by . . . . . . . . . . . . . . . . . . . , to which thia NOD

concurs.
Observations by this NOD regarding Dr. Murtagh, MOD, include: Gait unsteady and speech
somewhat slurred at times. Behavior different when compared to previous occasions that
this NOD has worked with this physician. Not as alert and slower to respond. Able to
function and order. were appropriate I however, MOD did discuss (this veterans's case
with ARfIS ER physician and surgeon at the desle immediately out",ide ' t.he patient's room
where she could hear the entire conversation. The patient was ~ry upset and crying
due to comments .made by the MOD regarding the urgency of her condition and the fact
that she could possibly lose her extremity. This NOD intervened and explained to the
patient and her sister that we were acting promptly to assure the best possible
outcome for her medically. Reassurance provided and questions answered. Patient
calmer, but still visibly upset and frightened. Close nursing attention provided until
patient's departure to ARHS. Patient very appreciative.
'\

DIVISION OR SECTION

NUrsing Officer of the Day

VA FORM
SEP 1997 (R)

119

Confidential

AdobeFonnsOesignet

JM006634

From:
Sent:
To:
Subject:
Attachments:
Signed By:

Monday, February 22,20107 :28 AM

FW: Dr Murtagh
LOCUM TENENS AGREEMENT.doc

Here is the second email you requested.

r
From: II1II_ _11

Sent: Monday, November 23, 20093:53 PM

To:

I am following up with information that you have requested from

Please find the timeline regarding Dr Murtagh on Nov 6 below.
Also I am attaching a copy of our standard Ie agreement we use with our providers.
let us know if you need any further information, we are happy to assist you .
Ruddy

Professional Affiliations

*-CONFIDENTIALITY NOTICE""

This e-mail communication, including any attached files may contain material that is proprietary, privileged,
contidential, or otherwise legally exempt from disclosure. This communication is intended solely for the use of
the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible
tor delivering this communication to the intended recipient, you are prohibited from retaining, using,
disseminating, forwarding, printing or copying this communication. If you have received this communication in
error, please immediately notify the sender via return e-mail or telephone.

Confidential

JM006635

.
From: _ _ _

Sent: Monday, November 23, 20093:38 PM

To:
ee:

Subject: Dr Murtagh
November, 06, 2009
9:30 am called me and informed me that a report of contact had been filed against Jim Murtagh,
MD. Because Dr Murtagh seemed unsteady and imbalanced during his shift on 11/05/09,
determined
that patient care could be compromised. She expressed concern for Dr Murtagh and said that he could return to his
MOD tour once he obtained medical clearance from a physician.
10:00 am - I received a copy of the report and discussed it with my superiors at HealthCare Partners.
10:30 am - HCP secured an appointment for Dr Murtagh with a local primary care physician and at this point I called
him to discuss the situation. When presented with the details, he simply said that he was sleepy the night before and he
also said that the report was in retaliation for several challenges that had come up earlier in the week (Dr Murtagh had
been advised to improve his documentation, he had also been asked to follow all VAMC policies). I encouraged him to
take this event at face value and implored him to understand that everyone was simply concerned for him. I told him
that if he was simply tired, an appointment with a local provider would verify that he could work with no problem. Dr
Murtagh said he would be willing to go to a physician on Sat or Sun, because he was busy and I told him that he could
not return to work until he was cleared by a physician. At that time he said, "1 just want to go home." We arranged for
his departure early evening, 11/06/09.

tHedhCare
I> 1\

It

E I{

Professional AffIliations

Confidential

JM006636

From:
Sent:
To:
Subject:
Signed By:

".&.

Monday, February 22, 20107:28 AM

FW: Follow up Dr Murtagh

here is the hard copy of the email.

____

From:._ _ __
Sent: Friday, December 18, 2009 2:01 PM

TO:===~
Cc:

Subject: Follow up Dr Murtagh

Hi

- . , asked me to follow up on with you regarding Dr Murtagh. We have no knowledge if or where he is working at
this time; he is not on our active roster.

m;;"'thCare
r
P A

It

E It

Professional Affiliations

Confidential

JM006637

James J Murtag h, Jr. MD

Pulmon ary and Critical Care
Sleep Medicine
Interna l Medici ne

FOIA Request
Monday, June 7, 2010
1. On Fri, 5 Mar 2010, Dr. Rajiv Trehan informed me that my credentials were in
order, and that I was fully able to serve at the Leavenworth VA and the
VAEKHCS. However, even though I had a signed contract, Dr. Trehan asked me
to leave under the armed escort of the police.
2. I am requesting full disclosure of any document or communication that explains
why the VAEKHCS took this action.
3. Dr. Trehan told me that he was taking this action after being requested to do so by
officials at the Altoona VA. However, Dr. Trehan would not tell me why the
Altoona VA took this action, nor would he give me a copy of what he had
received. I asked Dr. Trehan to preserve this important evidence.
4. I now request any written materials of any kind related or pertaining to me in any
way, or which bear my name or part of my name.
5. I request any communication that any VAEKHCS official received about me from
anyone, including but not limited to anyone contacting the VA from or regarding
Altoona.
6. This request includes the police report that the police told me they would write
regarding Dr. Trehans request, or any other report written about me.
7. This request includes any communication from Emory University to VAEKHCS
about me, and any communication from Clark Baker or anyone else.
8. This request includes any communication to or from Staffcare or any other
staffing agency regarding me.
9. This includes any communications by any official of VAEKHCS sent to anyone
about me.
10. This includes requests and responses to hospitals seeking to credential me from
VAEKHCS.
11. This include any and all communications by your risk management dept, human
resources dept, and credentialing departments regarding me.

1.

Confidential

JM006638

12. This includes any and all communications to or from VAEKHCS union officials
regarding me.
13. This includes any and all non-privileged communications to or from VAEKHCS
lawyers regarding me.
14. In summary, I seek all documents and communications of any kind regarding me.
Look forward to talking to you,
Sincerely,
Dr. James Murtagh
404 626 4520
--

Sincerely,
James John Murtagh, Jr.
404 626 4520
jmurtag@mindspring.com
6120 Harbour Overlook, Alpharetta GA 30005

2.

Confidential

JM006639