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| MEDICAL BOARD CASE SUMMARIES AND LINKS These outlines are but a small sampling of outcomes achieved since 1992 in Ohio Medical Board cases, listed topically. Although identifiers are excluded, each of the following cases can be verified by review of public documents created and maintained by the State Medical Board of Ohio. In accord with the rule DR 2-101(A)(3) of the Supreme Court of Ohio, no past or present client testimonial is intended herein. CRIMINAL CONVICTIONS This family practice doctor was convicted of a felony count of child endangering and sentenced to prison. While in prison the Medical Board initiated formal charges because of the felony conviction. Settlement efforts were fruitless and the matter proceeded to hearing. The doctor did not attend or testify but instead submitted an affidavit. Eventually, the case was resolved with a one month license suspension and the doctor returned to practice and successfully completed a Board probationary period. This surgeon was convicted of public indecency. In anticipation of the Board concerns, we obtained a thorough psychosexual workup from a program well-known to the Board. We shared this evaluation with the Board during settlement negotiations. The case was closed out with a period of probation which the doctor completed without difficulty. This physician was convicted of federal crimes related to billing and kickbacks and the Board charged the doctor with practice related felonies. We vigorously defended before the Board and received an excellent outcome in the form of a short-term license suspension. IMPAIRMENT This family practice physician underwent a period of emotional upheaval. Residential treatment was completed and the licensing board of another state levied a disciplinary action against the doctor. The Ohio Board would not settle the case on terms we deemed favorable so it went through hearing. The Hearing Officer recommended sanctions and probationary terms. We filed formal objections and met with the full Board. Eventually, the Ohio Board dismissed the matter without sanction. This surgeon had a history of impairment via drug addiction and also had been charged with a number of related felony crimes. The doctor underwent treatment at a non-Board-approved residential facility. The Board originally charged the doctor with the underlying problems as well as committing fraud on the licensure application. The Board eventually agreed to permit the doctor to withdraw the application without sanction or penalty. Later the doctor reapplied for licensure and received an Ohio license without any period of suspension or additional requirements for evaluation or treatment. This internist acknowledged a lengthy history of drug abuse when applying for an Ohio license. The Board was unwilling to settle the allegations and the matter of initial licensure proceeded to hearing. This practitioner was adamant that a twelve-step program was unacceptable so we had to convince the Board of feasible alternatives to support sobriety. The Board issued an order granting the license with probationary terms favorable to the doctor and no period of suspension. PRACTICE ISSUES/PRESCRIBING This family physician was charged with misprescribing diet medications, contrary to Board rules. We were able to salvage the doctor's license by agreeing to a three-month license suspension, focused CME, and a subsequent period of Board probationary oversight. This surgeon prescribed a large amount of opiates to a colleague without physical examination or maintaining a chart. We were able to resolve the charges with a focused CME and probationary monitoring by the Board with no period of license suspension. This family doctor was charged with improperly prescribing various narcotic analgesics to a number of patients. We were able to show at hearing that an office worker was the more likely source of the drugs although the doctor's control over the prescription pads was lax. The Board levied an order which placed the doctor under probation but did not suspend the license at all. PRACTICE ISSUES/QUALITY OF CARE This urologist was charged with rendering substandard care in eighteen surgical cases. When settlement stalled we went through a week-long hearing. We salvaged the doctor's license with a six-month suspension and subsequent probationary terms. This surgeon was sanctioned by the licensing board in another state because of a wrong-site surgery. The result of settlement negotiations with the Board were not palatable and the matter proceeded to hearing. The Hearing Officer recommended sanctions and probation. We filed formal objections and made a presentation to the full Board. The end result was dismissal of the charges against the doctor and the Ohio license remained unencumbered. The anesthesiologist was sanctioned in another state due to two poor clinical outcomes. After hearing the hearing officer recommended sanctions, clinical competency testing, and probationary terms. We filed formal objections and met with the Board when they decided the case. The matter was closed when the Board decided to merely issue a reprimand with no other punishment or harm to the doctor's Ohio license. This PMR physician was disciplined in another state because of supposed fraud in diagnostic studies/billing fraud. The matter was resolved via settlement which included no license suspension. In Ohio we could not reach a favorable settlement and proceeded through hearing. The hearing examiner recommended probationary terms and monitoring but, after reviewing our filed objections, the Board levied only a reprimand. PRACTICE ISSUES/SEXUAL MISCONDUCT This family practitioner surrendered his license in another state because of sexual misconduct with two patients. He underwent treatment and practiced medicine elsewhere. In applying for an Ohio license the Board proposed to deny the license because of the doctor's history. Settlement did not work and we went through hearing. The Hearing Officer recommended the issuance of a license with probationary terms and monitoring. We filed formal objections and made a presentation to the full Board. The matter was closed when the doctor was issued a license free and clear. The OB/GYN was charged with sexually molesting a single patient. Settlement discussions were uneventful and the week-long hearing resulted in a recommendation by the Hearing Officer to revoke the doctor's license forever. Detailed written objections were filed and a personal presentation was made to the full Board. Rather than the lifetime ban from medicine as was proposed, the Board issued a reprimand with no probation, no monitoring, nor any other type of restriction or adverse action. BOARD ISSUES/FRAUD This orthopedic surgeon was charged with fraudulently filling out the Ohio renewal card since the Board believed an adverse action in another state should have been self-reported. Settlement efforts were unsuccessful and the matter went to hearing. The Hearing Officer recommended sanctions and a period of Board probation. After filing formal objections and meeting with the full Board, the matter was resolved by a reprimand and no other sanction. This PMR doctor was charged with fraud in applying for an Ohio license by not revealing prior discipline/investigation by a federal agency. Settlement talks were fruitless and the matter went to hearing. The hearing officer recommended granting the license but with significant sanctions and probationary terms. We filed written objections and made a presentation to the full Board. The Board granted the license free and clear of any encumbrance. This pediatrician was charged with committing fraud against another state licensing board. Settlement talks were unproductive and the hearing examiner recommended a lengthy period of license suspension. We filed formal objections and made a presentation to the full Board. The Board lessened the proposed penalty and imposed a one month license suspension followed by probationary monitoring. BOARD ISSUES/CME Many CME cases have been resolved by consent agreements which did not impose any period of suspension whatsoever. In more recent times, the Board has acquired the legal authority to fine doctors deficient in CME so the process is rather streamlined now and few CME cases go to hearing. My office has a history of cases with good outcomes where the doctor was actually short on CME credits but certified compliance during the renewal process and was consequently also charged by the Board with fraud. ALTERNATIVES TO LITIGATING WITH THE MEDICAL BOARD Many other cases have been resolved through active participation in the Board's Quality Intervention Program or informal office conferences. When a Board matter or concern is resolved in this fashion, Ohio law provides that there is no public record of the event and the doctor is generally not required to self-report any contact or investigation by the Board. This is the ideal outcome of an investigation and is the penultimate goal for prophylactic legal counsel. Because of the absolute confidentiality of these outcomes, synopses of individual situations which cannot be verified by public Board records are not provided herein.
OTHER HEALTHCARE BOARD CASES DENTAL BOARD This dentist was charged with inappropriate prescribing of narcotics to two patients with a consequent lack of records. We resolved the allegations without a hearing and with no license suspension by having the dentist attend focused continuing education, an individualized tutorial, and limit prescribing for a defined period of time. This dentist was charged with a number of sub-standard practices and we settled the case by agreeing to certain practice restrictions and focused education and assessment without any license suspension. NURSING BOARD This nurse was investigated by criminal authorities and the Nursing Board because of drug count discrepancies. We settled the allegations with the Nursing Board without any period of suspension and the criminal case was closed without action. This nurse was investigated because of numerous complaints about her alleged abusive conduct with patients. We cooperated fully in the investigation, provided detailed explanations during interrogation, and arranged for appropriate remedial education. The matter was closed without formal action. PHARMACY BOARD This pharmacist was charged with many counts of incompetence in serving as a responsible pharmacist. We cooperated fully in the investigation of the pharmacy itself and resolved the allegations with a minimal period of suspension. This pharmacist had a lengthy history of impairment, relapse, and criminal convictions. We meticulously documented the recovery efforts and obtained reinstatement of the license after the full hearing process.
The above outcomes are for illustration only -- they cannot be relied upon as a guide to any other particular situation, case, or investigation. LINKS State Medical
Board of Ohio www.med.ohio.gov |
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