Physician Misconduct Bill now law in New York
A bill signed into law by New York Governor David A. Paterson gives broader powers to the State Department of Health to investigate medical wrongdoing as well as publicly identifying physician who are charged with misconduct or malpractice. The law was prompted by the Dix Hills doctor, Harvery Finkelstein who is accused of exposing thousands of patients to blood borne diseases such as Hepatitis C, HIV and AIDS because of unsafe and unsanitary practices of syringes and single dosage bottles being used multiple times among patients. Finkelstein most recently settled a malpractice lawsuit with a man who claimed he contracted hepatitis C in Finkelstein’s office. Unbelievably, Finkelstein has settled an unprecedented 11 malpractice lawsuits inside of a decade, one of the highest in the state. The Finkelstein case and its many challenges in recognizing and disciplining errant doctors provided a basis for what the health department needed to conduct better disciplinary and infectious disease investigations, said state Health Commissioner Dr. Richard Daines. In addition, the new law expands the state’s ability to investigate private medical offices and permits health officials more freedom to communicate with the public and discipline physicians. Most significantly, legislators said that the bill allows the state Office of Professional Medical Conduct to use medical malpractice histories to initiate misconduct probes. The health department was strongly criticized by patient advocates after it was revealed it negotiated with Finkelstein for his office records, a process that helped delay public notification to over 10,000 of Finkelstein’s patients for an incredible three years.




