Summary
The physician entered into a consent agreement in 2010 following charges of negligence and failure to maintain adequate medical records involving two elderly female patients over extended treatment periods. The doctor’s license was suspended for 60 months (stayed) with five years of probation under monitoring requirements. In 2014, the physician successfully applied to modify the original order to remove the supervised practice requirement while maintaining other probationary conditions.
Case Analysis
Effective Date: January 20, 2014 (Modification Order BPMC 14-11) Original Order: June 18, 2010 (BPMC 10-99)
Type of Doctor: M.D. (Medical Doctor)
Disposition Type: Negotiated Consent Agreement (later modified by agreement)
How many total charges? Four (4) specifications of professional misconduct
What specifications of charges were alleged?
First and Second Specifications – Negligence on More Than One Occasion:
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- Practicing medicine with negligence on more than one occasion as defined in New York Educ. Law § 6530(3)
Third and Fourth Specifications – Failure to Maintain Records:
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- Failing to maintain adequate patient records as defined in New York Educ. Law § 6530(32)
How many patients were involved in each charge?
Patient A (Female, born 1920):
- Treatment period: approximately 1985 through at least 2005
- Medical conditions included hypertension, cardiovascular disease, cardiac arrhythmia, ASHD, coronary insufficiency, gastritis, degenerative joint disease, bronchitis, heart failure, and loss of consciousness
- Involved in First and Third Specifications
Patient B (Female, born 1923):
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- Treatment period: approximately 1979 through at least 2006
- Medical conditions included essential hypertension, cardiovascular disease, rheumatic complaints, chronic anxiety, urinary tract infections, recurrent bronchitis, Bell’s palsy, and type 2 diabetes
- Involved in Second and Fourth Specifications
Which charges was the licensee guilty of (either via hearing or negotiated consent)?
The physician agreed not to contest and accepted responsibility for:
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- First Specification: Negligence on more than one occasion (Patient A)
- Third Specification: Failure to maintain records (Patient A)
Which charges was the licensee not guilty of?
The physician contested the Second and Fourth Specifications (related to Patient B), though the final disposition of these charges is not explicitly stated in the available documents.
Outcome/Penalties (specific to this case):
Original 2010 Consent Order:
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- License suspended for 60 months, stayed
- Probation for 5 years with conditions including:
- Supervised practice under licensed physician monitoring
- Continuing medical education requirements (50 CME hours annually)
- Cooperation with OPMC investigations
- Maintenance of malpractice insurance ($2M per occurrence, $6M per policy year)
- Regular progress reporting
- Various practice and record-keeping requirements
2014 Modification:
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- Removed requirement for supervised practice/monitoring
- All other probationary conditions remained in effect
- Physician required to have been under original order since 2010 before modification was granted