Weiss Zarett Brofman | Sonnenklar & Levy, P.C. | Attorneys At Law

High Quality Services And Personal Attention

OPMC Reporter – Spring 2016

On Behalf of | Apr 1, 2016 | OPMC Reporter

Doctor….No! Volume 5, Issue 2

LICENSE SUSPENSION OF AT LEAST SIX (6) MONTHS AND BOARD ORDERED COMPETENCY EXAMINATION AFTER HEARING COMMITTEE SUSTAINED CHARGES FINDING THE PHYSICIAN GUILTY OF GROSS NEGLIGENCE AND NEGLIGENCE ON MULTIPLE OCCASIONS A physician was charged with eighteen (18) counts of professional misconduct, including five (5) instances of gross negligence.  The panel was deeply concerned by what they saw about the physician’s practice set forth in the allegations that were proven by a preponderance of the credible evidence.  The panel held that the findings noted a “sometimes careless surgeon whose practice at times presented a clear danger to his patients.”  In the case of one surgical patient, the panel found the treatment provided by the physician to be “incompetent,” as the physician “not only … perform[ed] the wrong surgery on this patient, but he also failed to follow appropriate and standard techniques to identify the anatomy.”  The panel found a bevy of concerns ranging from “sloppy and careless preparation for surgery” to patient harm.  At the conclusion of the physician’s six (6) month suspension, he will be required to submit to a competency examination prior to being reinstated.  Only once the physician is found to be competent to return to practice shall the suspension end. In the event the examination finds the physician not competent to return to the practice of medicine, the suspension will continue indefinitely under the terms and conditions specified by the Director of the Office of Professional Medical Conduct. IN OTHER NEWS…

PHYSICIAN CENSURED AND REPRIMANDED WITH PROBATION FOR THIRTY-SIX (36) MONTHS FOR FAILING TO MAINTAIN ACCURATE RECORDS A physician was found to have failed to maintain a complete, adequate medical record for multiple patients.  The physician further failed to comply with written requests from the Department of Health for the patients’ medical records. The OPMC reviewed five (5) separate patient charts. In reviewing them, it was found the care provided to motor vehicle accident patients deviated from accepted medical standards.  The failure to cooperate with the OPMC and inadequate medical records constitute professional misconduct as defined by N.Y. Educ. Law § 6530(28) and (32), respectively.  

PHYSICIAN CENSURED AND REPRIMANDED, GIVEN FIVE (5) YEARS’ PROBATION, FINED $5000.00 AND LICENSE LIMITED TO PRECLUDE PRESCRIBING TO FAMILY MEMBERS  A physician did not contest the charge of having been disciplined by the Maryland State Board of Physicians for making inappropriate sexual comments to and improperly touching employees, prescribing controlled substances beyond his practice of cardiology to family members, and failing to maintain accurate patient records, all of which constitute professional misconduct under N.Y. Educ. Law. During the five (5) year probation period, the physician is only permitted to practice medicine when his practice is supervised by an on-site licensed physician and monitored by qualified health care professional monitors.  Additionally, at no time may he prescribe any medication to family members.

PHYSICIAN’S LICENSE SUSPENDED FOR TWELVE (12) MONTHS, STAYED WITH PROBATION FOR THIRTY-SIX (36) MONTHS, FOR NEGLIGENCE ON MULTIPLE OCCASIONS A physician’s treatment of five (5) patients was found to have failed to meet accepted stands of medical practice, including failing to adequately evaluate x-rays, failing to provide informed consent, failing to properly document findings of suspected cancer on patient charts, failing to properly manage multiple patients’ medical conditions and multiple instances of improper documentation. The physician was found to have committed multiple acts of professional misconduct under N.Y. Educ. Law § 6530(3) and (32). During probation the physician shall only practice medicine when his practice is monitored by a licensed physician, board certified in an appropriate specialty.