- Between on or about April, 1992, and on or about April, 1993 Respondent
consulted and treated Patient E, who lives in Chicago, for her chronic
Multiple Sclerosis in New York city and over the telephone (T.673; 736). - On or about’ April 24, 1992, Patient E first met Respondent in a New
York City hotel room. His associate, Linda Podhurst, also attended the
meeting, which lasted approximately one half hour (T. 675; a54). At the
meeting, Respondent explained his wavenergy program (T. 679-80). - At that meeting, Respondent told Patient E that his treatment would
make everything better; that he had success treating a variety of diseases;
that he would permanently improve her MS; that she would’be walking better;
that her thinning hair would improve; and that the only two people who
had not improved from his program had not committed to it (T. 676-77; 716;
718; 72021; 725; 731; 859). - Respondent took only a cursory history of Patient E, and did not perform
a physical examination or take a baseline heart rate. He did ask her to
walk so he could observe her. He did not look at the medical records Patient
E had brought (T. 677; 706; 713; 723-725; 869; 1477; 1491-93). - At the meeting, Respondent told Patient E that the fee for treatment
would be $30,000 for one year. Thereafter a payment schedule was devised,
and the entire fee was paid by August, 1992 (T. 628; 677-78; 681-84; 719;
Pet.’s Ex. 17). - No written contract regarding her treatment was ever discussed with
or provided to Patient E (T. 679; 716-17). - Patient E commenced treatment in or about June 1992, purchasing the
recommended Polar watch, computer, and other equipment (T. 683-84; 716;
Pet.’s Ex. 23). - Patient E 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,
with Patient E achieving these targets through cycles of exercise and relaxation.
Her heart rate was monitored during these periods by the Polar watch, and
the data transmitted to Respondent’s office daily by computer (T. 684-95;
698; 700; 702; 716; 727). - During the course of her treatment, the totality of patient E’s contact
with Respondent was the initial meeting and a few telephone conversations.
She was visited by his therapists no more than 5 times, but spoke to them
on the telephone often (T. 680-81; 689; 691-92; 695; 697; 701; 1472). - In or about February, 1993, Respondent told Patient E over the telephone
not to be discouraged by her recent exacerbation and hospitalization, because
even though her year’s treatment was nearing its end, she would be walking
better than ever after her bad spell, and that he would personal ly take
charge of treating her (T. 697). - In or about April, 1993, Respondent stopped returning Patient E’s telephone
calls (T. 700-01). - Patient E’s medical condition was not improved after her treatment
with the wavenergy program (T. 703). - Respondent failed to maintain an appropriate medical record for Patient
E (T. 860; 1478; 1490; 1493-94; 1519-20; 185355; 1861; 1884-85).
Conclusions
- Respondent held himself out to Patient E 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 E
in choosing to participate in the wavenergy program. - Respondent told Patient E that he would cure her Multiple Sclerosis
through his wavenergy program, for which he would charge her $30,000. He
told her this fee was based on the fact that he personally would. be overseeing
her treatment. He intentionally misrepresented to Patient E the extent
he would be personally involved in her care, and did not devote the amount
of time-to her that Patient E expected, based on the statements he had
made to her. - Patient E was not cured of her multiple sclerosis.
- Respondent did not take an adequate medical history, nor conduct a
proper physical examination of Patient E, and did not maintain adequate
medical records for Patient E. These failures represent a departure from
competent medical practice.
