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Former VA pathologist to change plea

According to federal court documents, Robert Levy's attorney filed for a Change of Plea Hearing and he is set to appear in court via video conference.

FAYETTEVILLE, Ark — A former pathologist at the heart of a scandal in which he is accused of working while impaired at the Veterans Healthcare System of the Ozarks is now expected to change his plea.

According to federal court documents, Robert Levy's attorney filed for a Change of Plea Hearing and he is set to appear in court via video conference.

Levy, 53, was arraigned Aug. 20 on three counts of manslaughter, 12 counts of wire fraud, 12 counts of mail fraud and four counts of making false statements. He was denied bond in Federal Court of the Western District of Arkansas. He previously pleaded not guilty to the charges against him.

His actions, which included accessing patient records and falsifying diagnoses, lead to the deaths of three patients, according to Dak Kees, U.S. Attorney for the Western District of Arkansas.

Levy concealed his impairment by taking 2-methyl-2-butanol (2M-2B), a chemical substance that enables a person to achieve a state of intoxication but is not detectable in routine drug and alcohol testing methodology, Kees said.

Reviews showed 3,007 of those cases showed an error or misdiagnosis.

Levy first had a complaint of working while intoxicated in October 2015. Levy denied the allegation to a VA "fact-finding panel," according to his indictment.

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