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NEWARK
– The State Board of Medical Examiners
(BME) has revoked the medical license of
physician Swapnadip Lahiri, M.D., finding
that his conduct in performing grossly negligent
examinations and electrodiagnostic testing
of patients using fabricated data, issuing
misinterpreted reports, and billing at inflated
fees, was willful and intentional conduct
which could not be blamed on inadequate
training.
Other
allegations were found proved, as well.
These findings were in addition to proofs
that he had failed to notify the BME that
New York State had filed a Complaint which
included similar grounds, after which he
surrendered the New York license on terms
forbidding him to practice there.
An
Administrative Law Judge in December 2009,
despite having found deficiencies in Lahiri’s
conduct which were “legion”,
had ascribed some errors to inadequate training
and had recommended a three-year suspension
for Lahiri. The first year would have been
active and the remainder a period of probation
during which he could practice medicine,
provided that he attended remedial courses
in medical record keeping, billing, coding,
and electrodiagnostic procedures before
resuming his medical practice.
The
BME adopted all findings of fact and conclusions
of law by the judge, but in reviewing that
evidence, found that the misconduct was
not merely incompetence or insufficient
training, but involved intentional or willful
conduct.
“The
board, which is composed primarily of physicians
along with public members, has discretion
to weigh all the evidence presented to the
judge,” Attorney General Paula T.
Dow said. “The board members determined
that Lahiri acted in a deliberate and willful
manner and that greater disciplinary action
was warranted to safeguard the public.”
“Disciplinary
proceedings such as this one illustrate
how our healthcare boards oversee the professionals
they license and how they act to protect
patients,” said Sharon Joyce, Acting
Director of the Division of Consumer Affairs.
“The public can file complaints with
our licensing boards when they believe a
licensee has acted improperly.”
The
Complaint, filed in 2006, was transferred
to the Office of Administrative Law for
a hearing in June 2007. The hearing began
in January 2008 and concluded in December
of that year. Two expert witnesses testified
for the state about the services and care
provided by Lahiri.
In
its decision, the court found the defense
witnesses unpersuasive, and concluded that
the state had proven its allegations against
Lahiri. The allegations included grossly
incompetent consultations/examinations of
six “auto accident” case patients
referred by one physician or by chiropractors
for electrodiagnostic testing; incompetent
nerve conduction tests performed by Lahiri’s
technician which produced duplicated test
results and fabricated data; incompetent
needle electromyography testing by Lahiri
resulting in unsupportable diagnoses; and
unbundled and inflated billing for all the
patients. Lahiri had been practicing at
various medical facilities in New York and
in northern New Jersey from 2001 to 2006.
In
addition to revoking Lahiri’s license,
the BME adopted all of the other recommendations
contained in the judge’s decision.
The recommendations included payment of
$145,302 to reimburse the state’s
investigative and legal costs and $5,077
to reimburse patients or their insurance
carriers. Lahiri also must pay an $85,000
civil penalty to the state.
Senior
Deputy Attorney General Joan D. Gelber represented
the state in this matter.
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