NY State Senator to Craft Bill to Open Doctor Disciplinary Process By SEO Admin on December 08, 2007

State Senator Kemp Hannon said at a hearing held at Farmingdale State College to address questions surrounding the transmission of hepatitis C in the medical offices of Dr. Harvey Finkelstein that he would propose legislation to speed the notification of patients infected after improper practices and to make pubic charges brought against doctors by the Office of Professional Medical Conduct (OMPC), the state disciplinary board for doctors. The OMPC has come under heavy criticism for not disciplining Dr. Finkelstein for engaging in improper infection control procedures. Criticism of the OPMC apparently contributed to the OPMC's suspension of an ophthalmologist, Dr. Martin Ehrenberg, this past Thursday (12/6/07) for allegedly performing unnecessary laser eye surgeries on six patients. The six patients were diagnosed with ailments including diabetic retinopathy, wet macular degeneration and cataracts. The New York Department of Health, in announcing the suspension, cited an "imminent danger" to public health. A hearing is scheduled for this coming Tuesday, December 11. Dr. Ehrenberg, who has offices in Manhattan and Great Neck, faces 32 charges of medical misconduct, including gross negligence. Much has been written about the fact the OMPC knew for almost three years, but did not disclose to most of his patients, that Dr. Harvey Finkelstein had put his patients at risk by re-using syringes that likely resulted in the transmittal of hepatitis C to one of his patients and could have resulted in the transmittal of hepatitis B and C and HIV to other of his patients. The OPMC was also criticized for failing to use its subpoena power and for failing to take into account that payments have been made in at least 10 medical malpractice suits brought against Dr. Finkelstein, based upon federal government records of cases in New York from 1990 to June 2007. Dr. Finkelsteins record is on par with just 127 of 70,000 licensed physicians in the state, according to Public Citizen. State Health Commissioner Dr. Richard Daines pointed to Dr. Martin Ehrenberg's suspension as a sign of the agency's stepped-up pursuit of cases against bad doctors. "It's a new time," said Dr. Daines, "It's time to re-examine how we enforce standards." New York is among a handful of states that conducts the entire probe in private and withholds a doctor's name unless the complaint is upheld. Even after an investigation is concluded, doctors are not required to notify patients if they are practicing under sanction. What information is available is found on a state Web site that critics argue few people know about. Just three percent of complaints filed against doctors in the last two years have resulted in discipline against them, according to state Health Department figures.

Related to This

Levine & Slavit, PLLC Logo

Levine & Slavit, PLLC

The law firm of Levine & Slavit, PLLC has served clients in Long Island and the Greater New York City-area since 1957. We are a team of personal injury and wrongful death lawyers who work tirelessly for victims' rights. Our team is licensed and affiliated with the:

  • New York State Bar Association
  • New Jersey Board of Bar Examiners
  • Florida Board of Bar Examiners
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York

Please contact our practice online for a free consultation or call (212) 687-2777 to speak to an attorney today. 

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 60 E 42nd St Ste 2101 New York, NY

Manhattan Office

60 E 42nd St
Ste 2101
New York, NY 10165

Open Today 8:30am - 5:00pm

By Appointment Only

Google map image of our location in 350 Willis Ave Ste 100 Long Island, NY

Mineola Office

350 Willis Ave
Ste 100
Long Island, NY 11501

Open Today 9:00am - 5:00pm

By Appointment Only

(212) 687-2777 Send a message