Summary
This case involves an emergency department physician who was charged with negligence and incompetence in the care of five patients between 2007 and 2010. The physician entered into a consent agreement, pleading no contest to negligence charges, while the incompetence charges were resolved. The case resulted in a three-year stay suspension with three years of probation, including requirements for practice monitoring, continuing education, and compliance with various professional standards.
Case Analysis
Effective Date: December 30, 2010
Type of Doctor: Emergency Department physician (based on the nature of all patient encounters)
Disposition Type: Consent Order – Three-year stayed suspension with three years of probation
How many total charges? Two specifications
What specifications of charges were alleged?
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- First Specification: Negligence on more than one occasion (N.Y. Educ. Law § 6530(3))
- Second Specification: Incompetence on more than one occasion (N.Y. Educ. Law § 6530(5))
How many patients were involved in each charge? Five patients total (Patients A through E), with both specifications referencing the same five patients
Which charges was the licensee guilty of (either via hearing or negotiated consent)? The physician pled no contest to the First Specification (Negligence on more than one occasion) in full satisfaction of the charges
Which charges was the licensee not guilty of? The Second Specification (Incompetence on more than one occasion) was not pursued as part of the consent agreement
Outcome/Penalties (specific to this case):
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- Three-year stayed suspension of medical license
- Three years of probation with extensive terms including:
- Practice monitoring by a board-certified physician with monthly unannounced visits
- Completion of continuing education in patient evaluation within six months
- Quarterly reports to OPMC
- Maintenance of medical malpractice insurance ($2 million per occurrence/$6 million per policy year)
- Compliance with infection control practices
- Maintenance of complete medical records
- Full cooperation with OPMC oversight and reviews
Source
https://apps.health.ny.gov/pubdoh/professionals/doctors/conduct/factions/PhysicianDetailsAction.action?finalActionId=8170