- Between on or about March 1991 and October 1991, Respondent consulted
and treated Patient D for her chronic Multiple Sclerosis at her husband
I s of f ice and at their home in New York (T. 739; 744). - In or about March or April 1991, Respondent met Patient D and her husband
f or the first time, at a meeting in her husband’s office. Allison Dardik
also attended the meeting. At that meeting, Respondent explained his wavenergy
program, and how it would be administered (T. 740-43; 907; 927; 1306).
He told Patient D that he would personally pay constant attention to her
(T. 747; 771-72; 788-89; 916-17; 925-28; 952-53). - At that meeting Respondent told Patient D that she would be walking
by December, 1991; that he would totally eradicate her MS, as he could
do with cancer and ALS; and that he would cure her MS (T. 741-44; 787-88;
908-10; 929; 933-38). - At that meeting, Respondent did not take a history of Patient D (T.
1287; 1309). He did not ask for her medical records or contact her other
physicians (T. 767; 1311). - Respondent did not physically examine Patient D at that meeting, did
not ask her to walk or stand, although he may have seen her do so, and
did not take a baseline heart rate reading (T. 744-4S; 791; 911-12; 940-41;
1286-87; 1308). - At the first meeting, either Respondent or Allison Dardik told Patient
D and/or her husband that the treatment would cost $50,000 for a year’s
program (T. 746; 912). Thereafter, a payment schedule was worked out with
Patient D’s financial advisor, and $-37,000 of the fee was paid between
April 1991 and October 1991 (T. 913; Pet.’s Exs. 15; 24). - No written contract regarding her treatment was ever discussed with
or provided to Patient D or her representatives (T. 933-35; 946-47; 1318-19;
1692). - Patient D commenced treatment in or about April 1991, purchasing the
recommended Polar watch and other equipment (T. 75051). She did not purchase
a computer, but communicated her heart rate numbers over the telephone
daily or in person (T. 789-90). - Patient D remained committed to the wavenergy program over the course
of her treatment. The. bulk of her treatment consisted of her being given
daily target heart rate numbers by Respondent’s therapists over the telephone,
and in person, with Patient D achieving these targets through cycles of
exercise and relaxation. Her heart rate was monitored during these periods
by the Polar watch, and the data orally transmitted by telephone to Respondent’s
office (T. 752-57; 760-62; 789-91; 920-21). - During the course of her treatment, Respondent visited Patient D no
more than 13 times for an average of one hour per visit, and did not visit
her once after her last payment (T. 752; 765; 918; 920-21). Sh e was visited
by Respondent’s therapists periodically (T. 756-60). During the first few
months of her treatment, Respondent spoke to Patient D on the telephone
regularly, but after December 1991, he did not return her calls (T. 762-65;
771-72; 922). - Patient D’s condition was not improved after her treatment with the
wavenergy program (T. 739; 765; 775; 923). - Respondent did not maintain an appropriate medical record for Patient
D (T. 792; 941; 1286-87; 1310; 1827-35; 1959-61; Resp.Is Ex. R).
Conclusions
- Respondent held himself out to Patient D as a physician, with a record
of achievements in vascular surgery and the Olympics Sports Medicine program.
Respondent’s reputation was an important factor relied on by Patient D
in choosing to participate in the wavenergy program. - Respondent told Patient D that he would cure her Multiple Sclerosis
through his wavenergy program, for which he would charge her $50,000. He
told her this fee was based on the fact that he personally would be treating
Patient D intensively. He intentionally misrepresented to Patient D the
extent he would be personally involved in her care, and did not devote
the amount of time to her that Patient D expected, based on the statements
he had made to her. - Patient D was not cured of her multiple sclerosis.
- Respondent did not take an adequate medical history, nor conduct a
proper physical examination of Patient D, and did not maintain adequate
medical records for Patient D. These failures represent a departure from
competent medical practice. - Respondent did not reveal personally identifiable facts, data or information
obtained from Patient D to other patients, or about other patients to Patient
D.
