- Between on or about May 1993 and on or about July 1993, Respondent
consulted Patient B for her chronic Multiple Sclerosis at his office in
New Jersey, and over the telephone to her New York and Vermont homes (T.
579; 653-54). - Patient B, a private investigator, who has Multiple Sclerosis, was
hired by Patient A’s family (T. 540). Patient B lives and works in New
York (T. 653-54). During the course of his conversations and consultations
with Patient B, Respondent was not aware that Patient B was a private investigator,
and’ consulted and treated her as though she were a patient (T. 1548-49;
1555). - In or about late May or early June, 1993, during his first telephone
conversation with Patient B, Respondent told Patient B that he had success
curing MS patients around the country, and that he was interested in cure,
not remission (T. 54748; 557-58). - In that same conversation, Respondent told Patient B she probably,
could not afford the fee for his wavenergy program, which would be $40,000
to $50,000 (T. 546-47). - In or about June, 1993, in a telephone conversation taped by Patient
B, Respondent told her that he had had incredible success with autoimmune
diseases in the long run; that he was not interested in making her merely
feel better or look better, but "interested only in one hundred percent"
(T. 554-55; Pet.’s. Exs. 12A and 13B). - On or about July 5, 1993, in a telephone conversation taped by Patient
B, Respondent told her that his wavenergy program was curing not only MS
but cancer (T.556-67; 570-71; Pet.’s Exs. 12B, 13G) . He told Patient B
to come to Barbados to be treated by him, even though he had never examined
her or seen her medical records (T. 548; 556-57; 563-64; 575; Pet.’s-Exs.
12B, 13H). - On or about July 7, 1993, in a telephone conversation taped by Patient
B, after she told Respondent that she used to ski years ago, Respondent
replied that she would be able to do that again someday. Respondent told
Patient B that the fee for her treatment would be $100,000 for personal
treatment by him, and that the "$50,000 to $60,000" fee that
had been previously quoted was for treatment by therapists (T. 555-57;
563-64; 566-67; 576-77; Pet. Is Ex. 12B). - 8. On or about July 24, 1993, Patient B met Respondent for the f irst
time at his of f ice in New Jersey. Also in attendance were two persons
introduced as relatives of Patient B, and, for at least a portion of the
time, Allison Dardik. The meeting lasted approximately four hours, during
which time Respondent explained his wavenergy program and that it would
cure her disease (T. 57983). - At that meeting, Respondent took a very brief history of Patient B
regarding the onset of her MS, but did not cover her history of a heart
condition. He did not examine Patient B except for looking at one leg,
nor did he take a baseline reading of her heart rate. Respondent did not
record his findings or maintain any medical records for Patient B (T. 588-89;
633; 1555-64). - Prior to that meeting, Patient B had provided her physician’s name
to Respondent on her own initiative. Respondent did not contact or request
medical records from Patient B’s physician (T. 622-23ta 652-653). - On or about July 26, 1993, Respondent billed Patient B $1500 for the
July 24th consultation, without having previously discussed with her this
fee. Patient B did not pay this bill, nor for the two Polar watches that
had been sent to her unsolicited (T. 592-94; 597; Pet.’s Ex. 22). - On or about July 27, 1993 Patient B received a draft contract from
Respondent containing terms contradicting what he had orally stated, in
particular that no cure was guaranteed (T. 59496; Pet-It Ex. 14). - Patient B never underwent the wavenergy program (T. 596).
Conclusions
- Respondent held himself out to Patient B as a physician, with a record
of achievements in vascular surgery and the Olympics Sports Medicine program. - Respondent told Patient B that he would cure her Multiple Sclerosis
through his wavenergy program, for which he would charge her $100,000.
He told her this fee was based on the fact that he personally would be
treating Patient B intensively. He intentionally misrepresented to Patient
B the extent he would be personally involved in her care. - Respondent did not take an adequate medical history, nor conduct a
proper physical ‘examination of Patient B, and did not maintain any medical
records for Patient A. These failures represent a departure from competent
medical practice. - Respondent did not reveal personally identifiable facts, data or information
obtained from Patient B to other patients, or about other patients to Patient
B.
