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T. A.100812

Summary

This case involves a physician who faced professional misconduct charges related to the care of nine patients (labeled A through I) between 2006-2009. The physician was found guilty of negligence and failure to maintain adequate medical records across multiple patients, but was cleared of more serious charges like gross negligence, incompetence, fraud, and moral unfitness. The physician received a three-year suspended license with probation and permanent restrictions on hospital practice without supervision.


Effective Date: October 8, 2012

Type of Doctor: Medical Doctor (M.D.)

Disposition Type: Suspension (stayed) with Probation and Permanent License Limitation

How many total charges? 33 specifications across multiple categories of professional misconduct

What specifications of charges were alleged?

    • Specifications 1-8: Gross Negligence (8 charges)
    • Specifications 9-16: Gross Incompetence (8 charges)
    • Specification 17: Incompetence on More Than One Occasion (1 charge)
    • Specification 18: Negligence on More Than One Occasion (1 charge)
    • Specifications 19-20: Fraud in the Practice of Medicine (2 charges)
    • Specifications 21-22: Making a False Report (2 charges)
    • Specifications 23-31: Record Keeping violations (9 charges)
    • Specifications 32-33: Moral Unfitness (2 charges)

How many patients were involved in each charge? Nine patients total (Patients A, B, C, D, E, F, G, H, and I), with charges distributed across multiple patients for different types of misconduct

Which charges was the licensee guilty of (either via hearing or negotiated consent)?

    • First Specification (Gross Negligence) – SUSTAINED
    • Seventeenth Specification (Incompetence on More Than One Occasion) – DISMISSED, but Eighteenth Specification sustained instead
    • Eighteenth Specification (Negligence on More Than One Occasion) – SUSTAINED
    • Twenty-third through Thirty-first Specifications (Record Keeping) – SUSTAINED
    • All other specifications were DISMISSED

Which charges was the licensee not guilty of?

    • Specifications 2-8: Gross Negligence (7 charges) – DISMISSED
    • Specifications 9-16: Gross Incompetence (8 charges) – DISMISSED
    • Specification 17: Incompetence on More Than One Occasion – DISMISSED
    • Specifications 19-20: Fraud in the Practice of Medicine (2 charges) – DISMISSED
    • Specifications 21-22: Making a False Report (2 charges) – DISMISSED
    • Specifications 32-33: Moral Unfitness (2 charges) – DISMISSED

Outcome/Penalties (specific to this case):

    • License to practice medicine SUSPENDED FOR A PERIOD OF THREE YEARS WITH THE SUSPENSION STAYED
    • Placed on PROBATION FOR A PERIOD OF THREE YEARS with specific terms of probation
    • License PERMANENTLY LIMITED to prohibit practicing as a hospitalist unless the physician has obtained prior written approval from the Director of the Office of Professional Medical Conduct to work as part of a multi-person group hospitalist practice with a defined shift structure
    • Must practice under DIRECT ACTUAL SUPERVISION during probationary period
    • Required compliance with detailed probation terms including supervision requirements, reporting obligations, and practice restrictions
Not to be used as legal advice. Not to be used as a source of legal guidance.