Dr Tom Eimany & MIPS Insurance & Avant

//Dr Tom Eimany & MIPS Insurance & Avant

Dr Tom Eimany & MIPS Insurance & Avant

Dear Ombudsman
After I raised concerns about unsafe practices causing the wrongful death of a client at one of the public mental health services, I was forced to resign and lose over quarter of million dollars in long service leave and penalties, orchestrated by MIPS insurance and their lawyers under the excuse that they represent the insurer’s interests over the insured. You refused to make a determination or comment about my submissions that;
  1. MIPS and their lawyers had continued to intervene in my case despite the resolution of all health delivery related issues
  2. MIPS’s lawyers refused to follow my instructions causing over a quarter of million dollars of pecuniary damages
  3. MIP’s lawyers were selected by, answerable to,
  4. Recovery of my entitlements was an unseverable part of the accepted claim of negotiating a separation agreement
  5. MIPS had a non-delegable duty of care for the conduct of their lawyers as they had;
    • control of recruitment of unethical lawyers that place MIPS interests over that of the insured
    • control of the conduct of the case via selective funding of defense
    • continued to utilise the services of those lawyers after becoming aware of their unethical conduct, including making submissions about this matter to the AFCA

Avant is doing exactly the same thing after I complained about a former Medical Board President’s criminal conduct causing immeasurable damage to my daughters;

  1. Avant has continued to intervene in my case even after the health issues have been resolved.
  2. Avant’s lawyers have refused to follow my instructions and misled a Federal Court and consequently VCAT, and have failed to correct their intentional lie. On 7 November 2019, I instructed Avant lawyers ‘[c]an you appear from my behalf and request that all transcripts and audio recordings from all interlocutory, substantive, and appeal hearings be released or non should be released at all’. But on the following day, Family Court orders state that Avant lawyers had consented to the release of only a small cherry-picked part of the transcripts and evidence.
  3. Avant has denied that their lawyer has done anything wrong even though they have agreed to change lawyers and claims manager
  4. Avant then continued to try to exercise control over the conduct of this case by trying to appoint the same lawyer who had moved to another firm
  5. Avant changed the goalposts to choose their own lawyers to maintain control over and sabotage my case. They refused to accept my request for Human Rights Law Alliance who had experience in representing doctors in tribunals, on grounds that they had no experience in insurance law, to subsequently refuse Maurice Blackburn and Slater & Gordon lawyers with extensive insurance law experience, on grounds that they don’t have experience in representing doctors in tribunals.
Submissions to the Ombudsman 
In cases that the insurer does not have a pecuniary liability, the interests of the insurer diverge so much from that of the insured that they become diametrically opposite and irreconcilable. Taken to the extreme the insurer’s best interest would be served by providing zero defense to save on costs. These two cases highlight the risk of ‘putting the cat in charge of the meat’, where the insurer will without hesitation throw away a quarter of a million dollars of someone else’s money to save themselves a few dollars in sending a couple of letters or even misleading a court to throw the insured under the bus so they won’t have to defend them. This can only lead to oppression and tyranny and ultimately harm the patients and society which insurance is supposed to protect. Therefore in cases that the insurer does not have a pecuniary liability, the primacy of the insurer’s interests is incompatible with and must yield to the policy’s coverage for providing defense for the insured.
  1. In light of almost identical conduct by these insurance companies, please report these conducts as systemic issues/serious contraventions and/or reportable breaches under RG 267 ASIC Regulatory Guide and Corporations Act 2001 to APHRA, The COAG Health Council overseeing the National Scheme under the Health Practitioner Regulation National Law (the National Law), Ministers of Health and ASIC.
  2. Conduct an independent assessment review of the complaint against MIPS case number 682511 by Melissa Dwyer, addressing, in particular, my submissions to the ombudsman that were not addressed including:
    1. How can drafting a separation agreement be considered a defense of a health delivery related issue?
    2. How can enforcing that very same separation agreement then NOT BE considered a defense of a health delivery related issue?
    3. Why did the Ombudsman not mention the refusal of MIPS appointed lawyers to follow my instructions?
    4. Why did the Ombudsman not mention my submission that MIPS lawyers intentionally delayed applying for a recovery order when they had no intent on following through with it?
    5. Why did the Ombudsman not comment about the inconsistency of MIPS submission that there was no chance of recovery of my long service leave entitlements when their lawyer stated it would take just a couple of letters to recover my entitlements?
    6. Why did the Ombudsman not comment about my submission that MIPS lawyers refused to follow instructions because they were acting in the best interest of the insurer
  3. Instruct Avant to appoint Maurice Blackburn or Slater and Gordon as defense attorneys in this case.
If the Ombudsman does not make findings in my favour, could the following questions be answered;
  1. Why would Avant’s lawyers risk their entire career and a criminal record by intentionally misleading a Federal Court and Tribunal if it weren’t on the instructions of Avant?
  2. If Avant believes that their lawyer did nothing wrong, why did they agree to change law firms and claims manager?
  3. If Avant believes that their lawyer did nothing wrong by misleading a Federal Court and a Tribunal, how can they have any legitimacy in being able to judge and request their law firm over my preferences?
  4. If Avant gets their choice of lawyers again, what will stop them from misleading the Tribunal intentionally to my detriment for the benefit of Avant?
I have included the investigative unit of The Age in the correspondence as I do believe this has great social implications and needs to be brought to the attention of the media.
  1. On Mon, 17 Feb 2020 at 03:23, tom eimany <tom.eimany@gmail.com> wrote:
MIPS are misleading AFCA

By the time MIPS became involved, there were no clinical issues outstanding. Eastern Health was keen to sideline me after I raised concerns about the untimely death of a patient by the name of “Anthony Travaglini” due to unsafe practices by Dr Katz. The only issues outstanding were vague verbal threats of non-clinical issues as per emails dated 14 January 2010.
On 18 January 2010 I advised MIPS lawyers that I wanted KPIs, 2 weeks owed unpaid salary, 2 weeks locum worked during my annual leave, underpayment of pay dating back to last EBA agreement time and locums for Peter James Centre by $50 per hour.
On 21 January 2010 I was advised by MIPS lawyers to sign a separation agreement in order to allow me to obtain my statistics, KPIs, my rightful pay and obtain alternative employment with letters of good standing.

On 4 February 2010 I warned MIPS lawyers ‘These people have cheated almost everyone that has left the service out of 2-3 months pay’.

On 8 February 2010 10:58 AM I requested MIPS lawyers to ‘Put the long service leave in there too’, that is to add the long service leave entitlements to the separation agreement.
On 8 February 2010 at 14:46 MIPS lawyers responded ‘Eastern Health are placing pressure on us to wrap this up asap and I am keen to not let it drag out any longer. I therefore request that you review the letters in light of the agreement and your email dated 4 February 2010 and call me at the office to arrange a time to chat to Russell and I about things. Given the time pressures, it might be easier to arrange a telephone conference rather than to meet in person?’
On 30 March 2010 MIPS lawyers informed me that I ‘appear to be missing out on four weeks of pay, ie. For two weeks when you say your timesheets were misplaced and for two weeks when you
were required to work during the summer of 08/09. I will leave it for you to determine whether you wish to pursue these outstanding amounts once you have received your payments, pay slips, data, exit interview etc from Eastern Health.’
On 8 March 2011 MIPS lawyers state that they had closed the file because Eastern Health had fulfilled a minority of their obligations. They lied that I had chosen to waive my annual leave, and that all my pay entitlements had been paid, even though Eastern Health was refusing to provide evidence of such. MIPS lawyers also lied that I had not raised my long service leave entitlements at any stage during the negotiations and that by acknowledging the deposit of 3 months of pay I had forgone my entitlement for my long service leave. MIPS lawyers also tried to lie that I had confirmed the contents of a letter as correct which had mistaken Peter James Centre (hospital) for a patient by name of PJC. MIPS lawyers also attempted to lie that because 6 months had lapsed from the time of contract, that I had no right to recovery.
 On 1 April 2011 MIPS lawyers requested documentation ‘to assist you in recovering your losses. We will request authorisation from MIPS to act for you. We will do so when we have reviewed the information and documents we request above.’
On 3 May 2011 MIPS lawyers informed me that MIPS declined the request for assistance with Eastern Health in relation to long service leave but they would assist me as a private client of the firm.
In August 2013 Certificates of Service were sent to MIPS lawyers but not actioned.
On 24 October 2014 MIPS lawyer stated they ‘will not be pursuing Eastern Health for long service leave until you instruct me to do so with particulars of calculation of your claim.’
On 26 March 2016 I instructed MIPS lawyers to ‘initiate enforcement action through the Federal Court ASAP please. No excuses’
On 27 March 2016 I instructed MIPS lawyers ‘in addition to $89920.99370958903 owed to me from long service leave is exactly $94694.16170958903 in 2010 terms. Please note. The amount for the long service leave is higher as I am unable to obtain the overƟme hours I worked. This was one of the clauses in the separaƟon agreement for them to give me all the pay slips going back to the last Enterprise Bargain Agreement. But they never did. And you refused to pursue it for me.’
On 29 March 2016 MIPS lawyers responded ‘Having regard for your allegations against us in the last of those emails, we cannot act for you.

You ought to obtain advice and assistance from other lawyers.’

MIPS insurance company chose to become involved in my case with no intention of defense whatsoever. Via their lawyers, forced me to sign a separation agreement without taking into consideration ANY of my repeated warnings about the conduct of Eastern Health. They lied about risks involved to me such as, that I was personally liable for defamation for raising concerns about mismanagement of a patient that had died due to mismanagement. They told me to destroy audio recordings of meetings with Eastern Health whereby they threatened and abused me.
They foreclosed the file and tried to pressure me to accepting $100,000 less than my entitlements. They lied about the timeframe for litigating against the employer. They sent me on a wild goose chase trying to find information that was almost impossible to find. They refused to enforce orders that would have allowed me to calculate my entitlements. And ultimately when I did provide all the information they requested, they refused to honor what they had promised, proving that they never intended to enforce the separation agreement.
Dr Eimany
By | 2020-10-07T08:36:27+00:00 October 7th, 2020|AHPRA|Comments Off on Dr Tom Eimany & MIPS Insurance & Avant
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