Fall 2016
Volume 5, Issue 4

“CLUMSY DOC?”

PHYSICIAN'S LICENSE SUSPENDED SIX MONTHS, PLACED ON PROBATION FOR FIVE YEARS FOR MULTIPLE ACTS OF PROFESSIONAL MISCONDUCT AND MALPRACTICE A physician was found to have practiced with negligence on more than one occasion and with gross negligence on two occasions in relation to surgeries performed on five patients. The findings included a number of deviations from acceptable standard of care, including taking a patient history only after performing a surgical procedure and failing to follow standard techniques to identify the anatomy being operated on that led to patient harm. The Administrative Review Board affirmed the Hearing Committee’s April 4, 2016 determination finding the physician guilty of gross negligence and negligence on more than one occasion. The Administrative Review Board overturned the Hearing Committee’s penalty, suspending the physician’s license for at least six months, at which time the physician must undergo a competency examination. Should the physician be found to be competent to return to practice, then the physician’s suspension will end. If the examination finds the physician not competent to return to practice medicine, the suspension will continue indefinitely under the terms and conditions specified by the Director of the Office of Professional Medical Conduct. During the period of probation the physician may only practice medicine when his practice is being monitored by a board certified licensed physician of the appropriate specialty.


IN OTHER NEWS...

PHYSICIAN SUSPENDED AFTER PLEADING GUILTY TO FEDERAL ANIT-KICKBACK STATUTE VIOLATIONS  A physician was charged with having been found guilty in the United States District Court for the District of New Jersey of Conspiracy to Violate the Federal Anti-kickback Statute and Travel Act: Illegal Remuneration in Violation of the Federal Anti-kickback Statute and Use of the Mail and Facilities in Interstate Commerce and Interstate Travel to Promote, Carry on and Facilitate Commercial Bribery. Pursuant to New York State Public Health Law Section 230(12)(b), the physician may not practice medicine in New York State or in any other jurisdiction where his practice is predicated on holding a valid New York State medical license. Unless modified by the New York State Commissioner of Health, this order remains in effect until the conclusion of the New York State Board for Professional Medical Conduct hearing proceedings.

PHYSICIAN SUSPENDED TWO YEARS FOR INAPPROPRIATE CONTACT WITH TWO FEMALE PATIENTS The OPMC suspended the license of a physician for two years, which is to be stayed with probation, and fined the physician $1,500, for inappropriate contact with two female patients. The physician did not contest the charge of having committed professional misconduct by having been disciplined by the New Jersey State Board of Medical Examiners for allegations of inappropriate contact with the patients. During the period of probation the physician may only practice medicine when his practice is being monitored by a physician board certified in an appropriate specialty. When practicing medicine in New York State the physician may only examine and/or treat female patients in the presence of a chaperone. Before practicing in New York State the physician must show proof to the Director of the Office of Professional Medical Conduct that he has completed the New Jersey court ordered pretrial intervention program. The physician must also complete the terms and requirements of the order imposed by the New Jersey State Board of Medical Examiners and when practicing in New York State the physician may only examine and/or treat female patients in the presence of a chaperone.


THE PHYSICIAN ADVOCACY PROGRAM®
Far too few physicians are aware of the overwhelming weight that would befall them if targeted by the OPMC. For OPMC Protection go to ThePAP.com