Summary
This case involves a physician who entered into a consent agreement with the New York State Board for Professional Medical Conduct following disciplinary action taken by the Florida Board of Medicine. The underlying incident involved performing wrong-site surgery on a patient, failing to follow proper surgical protocols, and performing unauthorized procedures. The physician agreed to a censure, reprimand, and $2,500 fine rather than proceeding to a formal hearing.
Effective Date: November 1, 2010
Type of Doctor: Medical Doctor (M.D.)
Disposition Type: Consent Agreement/Consent Order (negotiated settlement, no hearing)
How many total charges? 2 specifications
What specifications of charges were alleged?
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- First Specification: Violation of New York Education Law §6530(9)(b) – being found guilty of improper professional practice or professional misconduct by a duly authorized professional disciplinary agency of another state (Florida), where the conduct would constitute professional misconduct under New York state laws
- Second Specification: Violation of New York Education Law §6530(9)(d) – having disciplinary action taken by a duly authorized disciplinary agency of another state (Florida), where the conduct would constitute professional misconduct under New York state laws
The underlying conduct in Florida involved:
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- Performing a wrong-site procedure that was medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition
- Failing to adhere to the “Pause Rule” prior to performing surgery on a patient
- Performing professional services that had not been duly authorized by the patient or their legal representative
How many patients were involved in each charge? 1 patient (the charges stemmed from a single incident involving one patient in Florida)
Which charges was the licensee guilty of (either via hearing or negotiated consent)? Both specifications – the physician did not contest either of the two specifications and agreed to the proposed sanctions through the consent agreement
Which charges was the licensee not guilty of? None – the physician did not contest any charges and agreed to both specifications
Outcome/Penalties (specific to this case):
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- Censure and Reprimand
- Fine: $2,500.00 to be paid within thirty (30) days of the effective date
- Registration Compliance: The physician must remain in continuous compliance with all requirements of New York Education Law §6502, including maintaining registration with the New York State Education Department and paying all registration fees
- Cooperation Requirement: The physician must cooperate fully with the Office of Professional Medical Conduct (OPMC) in administration and enforcement of the order, respond timely to OPMC requests for compliance verification, meet with designated OPMC personnel as directed, and provide all requested documents and information
The Florida Board had previously imposed more severe penalties, including a $10,000 fine, $2,958.10 in costs, 50 hours of community service, 5 hours of continuing medical education in risk management, and a requirement to present a one-hour lecture on wrong procedure surgery.