MDNews - Cleveland-Akron-Canton

+++++++++++++++++++++++++ + +++ + BUSiNESS SECTioN +++ +++++++++++++++++++++++++ Giving Physician recommendations: A Cautionary Tale by Joseph J. Feltes, JD o blue, an Ohio ophthalmologist received a phone call from an outof-state physician whom he vaguely remembered having met in medical school during the 1970s. The caller indicated that he wanted to obtain an Ohio medical license and asked the doctor for a recommendation on his behalf as part of the application process. Having not had any interaction with the applicant since medical school three decades before, the Ohio doctor invited him to his office, so they could meet face-to-face, before he could make a recommendation. During their 30-minute chat, the applicant said that he was currently practicing in New York, but that he wanted to relocate to Ohio. The two discussed ophthalmology for the remainder of their brief session. At no time did the applicant disclose any information about his past, including his moral character or his relationship with other professionals and licensing boards. Nor did the interviewing doctor, unfortunately, specifically inquire about the applicant's past. Had he done so (and assuming the applicant would have responded truthfully), or if he had endeavored to verify information, the Ohio doctor would have discovered that the applicant had 40 UT oF THE | Cleveland/Akron/Canton MD News not been practicing for the previous four years; that his medical licenses in New York and in Illinois had been revoked; that he had been disciplined for narcotics addiction; that he had a previous felony conviction; and that he had two malpractice cases against him that settled above policy limits. The Ohio doctor, naively and unwittingly trying to accommodate an old classmate, completed the Certificate of Recommendation, responding "excellent" to questions regarding the applicant's: (1) relationship with patients; (2) ability to work well with peers and medical staff; and (3) medical knowledge and technique, though he had never observed the applicant's medical or surgical technique or interaction with patients. The Ohio doctor further affirmed the applicant to be "of good moral character." The Certificate of Recommendation was notarized and submitted to the State Medical Board of Ohio. Not surprisingly, the Board, after conducting its due diligence, issued an order permanently denying the application for medical licensure. More surprising is that the Board, ironically, initiated disciplinary action against the Ohio physician for allegedly making false and misleading statements in connection with the securing of a medical ■ mdNEWS.Com ■ NovEmBEr /dECEmBEr license — a violation of Revised Code, Section 4731.22(B)(5) — which constitutes a misdemeanor. Ultimately, the Court of Appeals in Franklin County exonerated the Ohio doctor, finding that he did not possess the requisite criminal intent to knowingly make false and misleading statements when he submitted the Certificate of Recommendation on behalf of the applicant. The moral to this cautionary tale: Be careful when you are asked to give recommendations, whether in connection with the application of a physician for a medical license or, as more often occurs, when a physician applies for medical staff appointment and credentials. It is not worth the risk of potential disciplinary action, embarrassment, or damage to credibility, by rating an applicant's clinical skills as "excellent" in the absence of personal observation and evaluation, or by affirming an applicant's moral character without doing a little background checking. Joe Feltes i s an at tor ne y with Buckingham, Doolittle & Burroughs in Canton and a member of its Health & Medicine Practice Group. Feltes is also the managing partner of Buckingham Canton. For more information about the law firm, go to www.bdblaw.com or e-mail Feltes at JFeltes@BDBLAW.com. ■

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