When the doctors are received as health professionals, the so-called “Hippocratic Oath”, becomes its governing principle. And although the majority of doctors fully fulfill their commitment, which includes promises such as “going for the benefit of the sick, abstaining from all voluntary error and corruption,” “watching above all for health and the well-being of patients, respect their autonomy and dignity (…) and practice the profession with conscience and dignity, in accordance with good medical practice”, in New York more and more cases of doctors come to light, who contrary to their obligation not to use their knowledge to violate human rights, they end up subjecting patients to unnecessary invasive medical procedures.
Cases such as that of a doctor who carried out a bribery scheme to divert patients to procedures such as MRIs of the brain, cervical spine and lumbar spine with contrast, which required subjecting them to unnecessary and invasive injections; or another doctor who caused Medicaid beneficiaries with end-stage renal disease to undergo unnecessary surgeries, sedating them and invading their veins and arteries, putting them at greater risk of serious complications, and a group of pediatric dentists who performed and billed for procedures dental and invasive procedures on children to fill their pockets, are just some of the doctors who have been closely followed and punished by the New York authorities.
For them, the message is clear “New York will not tolerate such behavior,” and the call to affected patients is to report this type of medical malpractices moved solely for economic purposes.
This is how he warns New York State Department of Health (NYSDOH), after calling on New Yorkers who feel that their rights have been violated or who consider that they were subjected to medical procedures that they did not need, conduct on which they have declared war.
“The New York State Department of Health takes cases of potential medical misconduct seriously and takes action when appropriate to protect the health and safety of patients,” he said. Erin Claryspokesperson for NYSDOHwho did not reveal further details about the cases that have been reported so far, as the Public Health Law prohibits the Department of Health from discussing or providing details or records related to an investigation, complaint or prosecution, beyond what is published on the public website.
However, that agency insists that any report that is raised will be reviewed seriously, not only against doctors but also when it involves other types of medical workers.
“The Office of Professional Medical Conduct reviews all complaints of professional medical misconduct against physicians, physician assistants, and licensed specialist assistants, including complaints of sexual harassment and assault. As a patient, you have the right to file a complaint if you believe that your doctor may have committed a professional misconduct“says the Health agency, which has a site where affected patients, regardless of their immigration status, can present their complaints in several languages, including Spanish.
“All allegations of misconduct are kept confidential and protected from disclosure in accordance with the New York State Public Health Law, Sections 230(10)(a)(v) and 230(11)(a). Any person who, in good faith and without malice, reports or provides information to the Board of Professional Medical Conduct shall not be subject to an action for civil damages or other measures as a consequence of making the report under Section 230(11). (b),” adds the NYSDOH.
Added to that call is also the New York Prosecutor Letitia Jameswho through his office has managed to launch several investigations against dishonest doctors and clinics that put the health of patients at risk for “fill your pockets” in their desire to obtain money from insurance or programs such as Medicaid, exaggerating diagnoses, even with unnecessary procedures.
“All New Yorkers should be able to trust that their doctors put their health first, and not simply use them to charge insurance companies more,” says the Fiscal James. “My office will not tolerate any cases of medically unnecessary procedures performed on vulnerable Medicaid beneficiaries.”
And as part of the work that the authorities have carried out to put bad actors in the medical industry on the ropes, the New York Prosecutor announced a few days ago that a jury found guilty another doctor who incurred bribes to doctors for referrals of patients, who in turn defrauded Medicaid by subjecting patients to unnecessary radiological tests.
Prosecutor Letitia James has declared war on bad doctors. Photo Edwin Martínez
The head of the New York prosecutor’s office put the doctor in the spotlight Payam Toobian, de Kings Point, New York, and his company, America’s Imaging Center, Inc., in August 2022, after formally accusing them. The doctor was found guilty of grand larceny in the third degree, health care fraud in the third degree, four of eight counts of falsifying business records in the first degree and two counts of violating the Social Services Act statute prohibiting the payment of bribes.
“During years, Payam Toobian He subjected his patients to unnecessary and often invasive tests to enrich himself. The verdict will ensure that he is held accountable for defrauding Medicaid and putting New Yorkers at risk,” she said. Fiscal James. “My office will continue to pursue any medical provider who attempts to profit at the expense of those who need care.”
Regarding that particular case, The Prosecutor’s Office revealed that from January 2006 to August 2017, Toobian “conducted a kickback scheme in which he provided gift cards and cash to two doctors in exchange for referrals of his patients. Additionally, from January 2014 to August 2017, Toobian directed its employees to add additional unordered radiological procedures to orders submitted by referring physicians to increase the amount of money received from Medicaid.” Accused doctor defrauded Medicaid and subjected his patients to invasive testing without the direction, consent or approval of the physicians responsible for their care.
And although doctors faithful to the principles of protecting the health of patients, such as the Dr. Marco Gomez, They affirm that one way to be sure that the procedures that those who visit their doctors undergo are sometimes, when it comes to serious situations, to seek a second or even a third opinion, the doctor adds that to avoid this it is worth the It is worth making sure that the health professionals you use do not have a negative history.
“As a doctor one should not tell patients to take good care of the doctors who treat them, Well, one starts from the principle that we are all doing our work in the best possible way and without economic motivations that put anyone’s life and health at risk, but unfortunately there are one or another who move away from those principles, as happens in everything. , not only in the medical industry, and that is why doctors must be chosen well,” said the doctor.
One of the problems that prevents many patients from falling victim to unnecessary invasive procedures and even unnecessary surgeries is that those who go to the doctor trust that they are in the best hands and do not know for sure whether any invasive exam was vital or not. perform it.
“When there is unnecessary surgery, most of the time everything will go as planned. There will not be any problem. And in fact, the patient may not know that this is an unnecessary surgery. However, other times the surgery can fail and cause significant harm to the patient. This could be due to the fact that a patient may suffer complications from unnecessary surgery,” says the New York law firm The New York Injury & Malpractice. “Patients may react to anesthesia or other medications used that could be dangerous. Injuries caused by scar tissue and the incision could cause a lifetime of pain. And in certain cases, when the negligence is particularly horrific, patients could suffer permanent injuries to their organs or brain that could be devastating.”
And in order for patients to check if their doctors have any type of history, in addition to the comments and reviews that patients usually post on the Internet, the state Department of Health has a page where you can access information about registered doctors, in case they have any kind of malpractices.
Where to get help or report a complaint
2023-12-03 11:15:00
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