Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies

Dentist files libel suit against Times

Dr. Allena Burge accuses the newspaper of printing false information.

ST. PETERSBURG - A St. Petersburg dentist who faced a Medicaid fraud charge that prosecutors later dropped has filed a libel lawsuit against the St. Petersburg Times, accusing the newspaper of printing false and defamatory information about her.

The lawsuit filed Monday in Pinellas-Pasco Circuit Court by Dr. Allena Burge names the newspaper and reporter Candace Rondeaux. Burge seeks unspecified damages of more than $15,000, alleging libel, false light invasion of privacy and tortious interference.

Burge and the attorney who filed the lawsuit for her could not be reached for comment Tuesday. Burge's office referred a call to the dentist's Tampa attorney, who declined to comment.

Pinellas prosecutors charged Burge with Medicaid fraud in June 2002, saying she made improper Medicaid claims during a four-year period. Prosecutors on Dec. 22, 2003, dismissed the charge after discovering Burge billed Medicaid in a way actually recommended by someone at the Agency for Health Care Administration.

Bob Lewis, a prosecutor for State Attorney Bernie McCabe's office, said an AHCA employee provided instructions to Burge that were in error. The disclosure ended the criminal case against her.

The fraud charge largely focused on an allegation that Burge improperly billed for office consultations and surgery done on the same day, which Medicaid doesn't allow, Lewis said.

"When we found that out, we said, "How can we prosecute if someone in (AHCA's) audit system told her to do it that way?' " Lewis said. Burge's billing was wrong, Lewis said, "but she was doing it under their guidance and under their instruction."

Alison Steele, an attorney for the Times, said the newspaper's decision to publish stories based on the criminal charges was constitutionally protected.

"The First Amendment protects the newspaper's ability to report about investigations and other government activities and prosecutions, even if they later turn out to be unfounded," Steele said.

Other allegations made against Burge involving alleged improper treatment of patients also proved to be unfounded, Lewis said.

Burge's lawsuit said stories published about her exposed her to ridicule, contempt and distrust. The suit said the newspaper failed to wait before publishing the stories until "the truth could be investigated and ascertained by the proper authorities."

The suit said the newspaper also failed to admit "inaccurate and false representations in a timely manner."