Winter 2017
Volume 6, Issue 1

“WHAT THE DOCTOR ORDERED?”

PHYSICIAN SUSPNDED SIX MONTHS FOR PERFORMING UNNECESSARY PROCEDURES AND ORDERING EXCESSIVE TESTING The OPMC suspended the medical license of a physician for six months after the Hearing Committee sustained charges finding the physician guilty of committing professional misconduct by performing services not authorized by the patient or patient representative and ordering excessive tests. The Hearing Committee further found that the physician provided treatment or use of treatment facilities not warranted by the patient’s condition. Based on the charges sustained by the Hearing Committee, the physician was found to have been practicing the profession of medicine fraudulently, particularly in light of the willful making or filing of false reports and failure to file a report required by law. The physician was also found to have failed to maintain accurate patient medical records. The physician came to the OPMC’s attention after patient complaints, including from one patient who sought a breast reduction and abdominoplasty but instead received a bilateral mastectomy that was neither requested nor consented to by the patient. Exacerbating the issue was the fact that the inappropriately performed procedure had no medical necessity or justification and that the physician drafted false documentation to justify the mastectomy.


IN OTHER NEWS...

PHYSICIAN FINED, CENSURED AND REPRIMANDED WITH CONDITIONS AND PROBATION FOR ONE YEAR  A 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 having failed to prepare and maintain accurate patient medical records. Before practicing medicine in New York State the physician must show he has completed the courses recommended by the Upstate New York Clinical Competency Center and that he has successfully completed the terms and requirements of the Order imposed by the New Jersey State Board of Medical Examiners. During the period of probation, the physician may only practice medicine in New York State when his practice is being monitored by a licensed physician who is board certified in an appropriate specialty. The physician was also fined $5,000 by the OPMC for the professional misconduct.

PHYSICIAN SUSPENDED 90 DAYS TO BE FOLLOWED BY 5 YEARS OF PROBATION WITH A PRACTICE MONITOR AND PROHIBITED FROM SOLO PRACTICE OR OWNING A PROFESSIONAL CORPORATION FOR MULTIPLE ACTS OF NEGLIGENCE AND PRACTICING FRAUDULENTLY TThe physician was found to have committed professional misconduct when she, among other things, ordered multiple medically unnecessary tests when patients had normal examinations. The Administrative Review Board affirmed the Hearing Committee’s August 25, 2016 determination finding the physician guilty of professional misconduct by having committed negligence on more than one occasion, ordering excessive tests and treatments not warranted by the patient’s condition, practicing fraudulently and failing to maintain accurate patient medical records. Previously the New York State Supreme Court, Appellate Division, Third Department, had granted the physician a temporary stay of the New York State Board for Professional Medical Conduct’s Hearing Determination and Order pending the Court’s hearing and determination of the physician’s motion for a stay. This stay was later vacated by the New York State Supreme Court, Appellate Division, Third Department on October 12, 2016.


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