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Keywords

negligencehearingtestimony
attorneynegligencehearingtestimonyprobationsustained

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Revici v. Commissioner of Educ. of State of N.Y., nan

Facts

The petitioner, a licensed physician in New York, faced charges of professional misconduct for allegedly misleading patients about their cancer treatment and using unapproved substances. Extensive hearings revealed that he treated patients with inadequate methods and failed to keep proper medical records. Despite opportunities to present his defense, the petitioner did not appear at a scheduled hearing, leading to the reaffirmation of the findings against him.

Extensive hearings were conducted between January 1984 and May 1985, and petitioner was represented by six different attorneys. The Hearing Committee found that petitioner was guilty of five specifications and partially guilty of one specification and recommended that his license to practice medicine be revoked.

Issue

Did the Board of Regents have sufficient evidence to revoke the petitioner's medical license based on the findings of professional misconduct?

Did the Board of Regents have sufficient evidence to revoke the petitioner's medical license based on the findings of professional misconduct?

Rule

The court applied the standard of substantial evidence to determine whether the findings of the Hearing Committee and Review Committee were justified.

Our review of the relevant testimony and evidence concerning the charges which were sustained persuades us to the view that the Board's decision was supported by substantial evidence in the record and must be confirmed.

Analysis

The court found that the evidence presented during the hearings, including expert testimony regarding the inadequacy of the petitioner's medical records and the use of unauthorized treatments, supported the conclusions of gross negligence and incompetence. The court emphasized that the petitioner had opportunities to defend himself but failed to appear at critical hearings, which further justified the Board's decision.

The cumulative effect of the proof presented at the hearings and summarized above constitutes substantial evidence supporting the determination of gross negligence, gross incompetence and negligence or incompetence on more than one occasion as to patient A, which are matters within the expertise of the Board.

Conclusion

The court confirmed the Board's decision to revoke the petitioner's medical license, finding that the determination was supported by substantial evidence.

Determination confirmed, and petition dismissed, without costs.

Who won?

The Board of Regents prevailed in this case, as the court upheld their decision to revoke the petitioner's medical license based on substantial evidence of misconduct.

The Board thereafter adopted the findings and recommendations of the Review Committee and voted to revoke petitioner's license, but stayed the revocation and placed petitioner on probation for five years.

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