NY: revocation for negligence & incompetence: failing to maintain accurate medical records.
CASE FACTS: Dr. Paul Maglione, a physician licensed to practice medicine in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of since 1959, was charged by the Bureau of Professional Medical Conduct (Bureau) with 49 specifications of misconduct, including practicing medicine with gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or and gross incompetence as well as, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , failing to maintain accurate medical records. All charges related to his care of eight patients (hereinafter referred to as patients A through H). Following a hearing, a Hearing Committee of the State Board for Professional Medical Conduct sustained six charges of practicing medicine negligently on more than one occasion and eight charges of failing to maintain accurate medical records. However, charges of gross negligence and gross incompetence were not sustained. The Hearing Committee suspended the physician's license to practice medicine in New York for five years, stayed the suspension, and placed the physician on probation with a practice monitor for that period. The suspension was affirmed, Dr. Maglione brought suit seeking the annulment annulment
Legal invalidation of a marriage. It announces the invalidity of a marriage that was void from its inception. It is to be distinguished from dissolution or divorce. To justify annulment, the marriage contract must have a defect (e.g. of the suspension, arguing that he was deprived of due process.
COURT'S OPINION: The New York Supreme Court, Appellate Division The New York Supreme Court, Appellate Division is the intermediate appellate court in New York State. The Appellate Division hears appeals from the New York Supreme Court, which is the state's general trial court; decisions by the Appellate Division may be appealed to the state's , affirmed the suspension. The court held, inter alia, that an administrative determination may be annulled when "prejudice so permeated the underlying hearing as to render it unfair." However, "[m]erely alleging bias is not sufficient to set aside an administrative determination. Rather, the party alleging bias must set forth a factual demonstration supporting the allegation as well as prove that the administrative outcome flowed from it." After careful analysis, the court concluded that Dr. Maglione's claims were either unsupported by the record or amounted to no more than allegations of bias with no factual demonstration supporting the allegations or the administrative outcome that flowed from it. The failure of the physician to make and keep medical records was a focal point focal point
See focus. of court's decision. The court concluded that a physician is guilty of professional misconduct professional misconduct,
n conduct inappropriate to the practice of health care.
professional misconduct Behavior by a professional that implies an intentional compromise of ethical standards. for "failing to maintain a record for each patient, which accurately reflects the evaluation and treatment of the patent." Medical records, which "fail to convey objectively meaningful medical information concerning the patient treated to other physician is inadequate." Dr. Maglione did not even address the finding regarding his failure to keep adequate medical records with regard to at least two of the patients. The court further noted that Dr. Maglione's own expert medical witness agreed that his records were "inadequate." This case illustrates the importance of keeping accurate medical records on every patient. Maglione v. NY State Dept STATE DEPT Department of State . of Health, 779 N.Y.Supp.2d 319 -NY (2004)
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biographical dictionary of notable living people. [Am. Hist.: Hart, 922]
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