A doctor who was suspended and then fired while he was under investigation for allegedly sexually molesting his best friend’s 7-year-old daughter claims he was fired illegally.
Nitin Bhatia, of Ridgefield, New Jersey, accused ENT and Allergy Associates, Tarrytown, and Aetna Health Inc. of violating due process, in a complaint filed on Feb. 14 in Westchester Supreme Court.
The medical practice hired Bhatia in 2014, and by 2020 his career was blossoming. He was told that he would be receiving a $60,046 bonus. He had been made a partner at the end of 2019 and was to become a full partner in September 2020, entitling him to more lucrative compensation.
But on June 16, 2020, he was put on administrative leave, without pay, pending resolution of criminal charges in Pennsylvania, according to his lawsuit. On June 30, Aetna terminated his provider agreement, cutting off insurance payments.
On Oct. 1, 2020, he was fired.
The abrupt reversal of fortune was based on criminal charges brought against Bhatia in May 2020 by Pocono Mountain Regional Police.
Bhatia and his best friend attended a physicians conference at the Kalahari Water Park hotel, and their families had shared a penthouse suite.
His friend’s 7-year-old daughter was sleeping on a living room sofa, according to police reports, when Bhatia, who was intoxicated, Â allegedly sexually assaulted her.
Bhatia was charged with five felonies and four misdemeanors, including the primary charge of aggravated indecent assault of a child.
Bhatia argues in his lawsuit that Aetna and ENT and Allergy Associates violated state and federal laws, as wells as procedures spelled out in their contracts.
He was not given 30 days notice of their actions, for instance, or given a fair hearing to explain what happened or to confront his accuser.
Aetna terminated their provider agreement “without cause,” the complaint states. But then the letter contradicts itself, stating “We are doing this because of indictment, arrest or conviction of a felony.”
Bhatia claims he “was never arrested,” according to the complaint. Instead, he says, he surrendered to police, posted bond, was released on the same day, and was presumed innocent unless proven guilty.
“Dr. Bhatia, a person of moral integrity and professional conduct decided to go and meet the officers himself,” the complaint states, and “out of courtesy of the court was released on bond immediately.”
According to a police report, a warrant was issued and Bhatia turned himself in around 11 a.m. He was taken into custody, handcuffed, and taken to the Monroe County Correctional Facility. Sometime after 4 p.m., he posted bail and was released.
In August 2022, Bhatia entered a no contest plea, by which he did not admit guilt but agreed to accept a conviction. The criminal docket does not say exactly what charge or charges he pleaded.
Bhatia is asking the court to declare that his termination was unlawful, that he is still a partner at ENT and Allergy Associates, and that he is entitled to monetary damages and profits from the medical practice.
ENT and Allergy Associates does not comment on pending legal matters, chief legal officer Avia Cohen Pierson stated in an email.
