Summary
This case involves a physician who entered into a consent agreement following charges of negligence in the emergency department care of five patients between 2002 and 2008. The physician pleaded no contest to charges involving two of the five patients. The resolution included a 36-month suspension, permanent restriction from emergency and urgent care practice, and three years of probation with practice monitoring. The case highlights issues with patient assessment, documentation, and clinical decision-making in emergency medicine settings.
Case Analysis
Effective Date: July 21, 2011
Type of Doctor: Emergency medicine physician (based on all patient encounters occurring in emergency departments)
Disposition Type: Consent Order – 36-month stayed suspension with permanent practice restrictions and probation
How many total charges? One specification
What specifications of charges were alleged? First Specification: Negligence on More Than One Occasion (N.Y. Education Law § 6530(3)) – practicing medicine with negligence in the care of five patients (Patients A through E)
How many patients were involved in each charge? Five patients (Patients A, B, C, D, and E) between 2002 and 2008
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician pleaded no contest to the First Specification as to Patients A and C only, in full satisfaction of all charges
Which charges was the licensee not guilty of? The charges related to Patients B, D, and E were not pursued as part of the consent agreement
Outcome/Penalties (specific to this case):
-
- 36-month suspension (stayed)
- Permanent restriction from working at emergency departments and urgent care facilities (unless modified by OPMC after clinical competency assessment)
- 36-month probation period with extensive terms including:
- Clinical competency assessment required
- Practice monitoring by a board-certified physician
- If allowed to return to emergency practice after assessment, must be supervised for 12 months
- Continuing medical education in general medicine, drug prescriptions, and medical record-keeping
- Quarterly reports to OPMC
- Maintenance of malpractice insurance ($2 million per occurrence/$6 million per policy year)
- Specific patient care failures cited included:
- Patient A: Failed esophageal intubation management
- Patient C: Missed evaluation for potential hemopneumothorax