After a hospital level scam peer review was spawned in 2001 and being completely unaware of such a monstrous thing just waiting to pounce upon this latest victim, I attempted to exercise my "supposed" due process rights as a staff physician by presenting the matter before the hospital's "executive committee" in an effort to undo the now blight on my national record.

By going before this committee, it required confronting the very individuals from within my hospital department who were perpetrating the sham to begin with. In the end, rather than being dignified grown-ups and rightfully correcting what was intentionally "framed" to the committee (by me) as a simple "administrative mistake" in order to mitigate their apprehension for correcting the wrong, everyone involved with the sham, (either directly or indirectly - hence the representative executives), chose to continue with their dishonest treatment of this matter. Let's just say this. When the actual medical facts and science were presented and clinical dishonesty was blatantly exposed in front of a group of hospital department chairmen, this was not the climate for a harmonious interaction between those from within my department carrying it out and myself, (to say the least), as clearly depicted in the transcripts taken of the event.

Nevertheless, despite there being a great deal more to this arm of the story, those whose dishonesty was exposed by their own testimony at the hostital level turned out to have a suprise in store for good ol' Dr. Caputo. Apparently, the word on the street is that the two scoundrels from my hospital department primarily responsible for this sham (and who held the entire community of Obstetricians hostage under their administratively aggressive rule), had connections in high places - that being the Department of Health in Albany, and specifically, their notorious prosecutorial arm known as The Office of Professional Medical Conduct or (unaffectionately) known to NY physicians as OPMC.

Now, I won't go into too much detail right here but I did want to leave the interested reader with that aforementioned example of just how pathetically corrupt this so-called OPMC HAS to be in order to justify (and satisfy) something somewhere in their dishonest hearts when prosecuting physicians who dare to defend themselves, such as yours truly. First of all, take a look at this quick link to see for yourself that this agency is indeed notorious for their unlawful and improper actions towards New York physicians. So much so that a formal Legislative effort was undertaken in an attempt to correct the listed offenses of this rogue agency. Look at each and every claim of impropriety. My case was the lucky recipient (and proverbial poster child) of every single one of them and more.

Now get this, after a railroading during OPMC's (purposely nebulous) investigative process, I was eventually brought to a formal hearing (in reality, a closed-door tribunal) in 2005 on a list of charges that shared little to nothing in common with the actual medical records in question and so outrageous in the world of Ob/Gyn medicine, (as perceived by any such practitioner), that such inventions of wrongdoing couldn't be any more illustrative of the sham itself than if they had just come out and declared it openly.

After experiencing the most corrupt process imagineable, I would eventually lose on essentially everthing...based upon nothing. However, this original 2005 hearing was plagued with all sorts of outrageous and absurd events and behavior, namely from the most influential of the three (mysterious) jurors who were seated to decide the career fate of OPMC's latest subject/victim - yours truly.

We petitioned the Law Judge to learn more about this character. Well, it turned out that this one particular juror just so happened to be good friends with the one member of my department who was the primary driver of the hospital level sham. This miscreant from my hospital then switched gears in order to feed the next level sham at the State level, which, (naturally), was so agreably carried out by OPMC - and all done under the protection of anonymity, of course. Wouldn't want to be forthright when destroying the life and career of a top performing physician now, would we?

See how the sham gets carried out between these two levels (hospital and State)? Somehow, (referring to this one bad guy from my hospital department), his buddy landed on my jury and this man/mole just couldn't contain himself with what he was sent to do. So much so that he essentially ruined the sham by all sorts of major procedural misdeeds during the 2005 hearing that just couldn't be glossed over.

Upon appeal of the adverse ruling, the Administrative Review Board (ARB) of the Department of Health couldn't bandage up the mess left by this juror and thus, in a precedent setting manner, threw out the entire hearing determination (verdict) stating, (in no uncertain terms), that "bias pervaded the entire proceeding". The significance of this statment and reality cannot be overstated. In other words, the entire thing was a sham and they got so busted that even the rubberstamping level of the sham machine couldn't cover for this one.

But, instead of this thing being over for the obvious scam that it was, the ARB remanded the whole thing to a new hearing but with new people. Despite this one juror being the primary cause of the ARB's ruling to throw the entire thing out due to (essentially) corruption, the State's witness AND their prosecuting attorney were found also to be complicit with certain misgivings on part of this one particular participant. Yet, despite these clear violations, OPMC kept the same prosecuting attorney on the case, even after the defense's attorney raised a formal objection. The fact that this prosecutor stayed on and did what he (unprofessionally) did thereafter is hugely significant to this entire tale and will be fully expounded upon when the full treatise on this matter is presented in the future and in such a way that proves the intentional and purposed malice inflicted at every level by OPMC and against James R. Caputo, M.D.

Now, the second hearing, which occurred in 2007, was little more than a rehash of their nonsense from 2005 but with two more bogus cases added on to the dung pile of charges. They scraped up a new hired liar as their expert and tuned up the sham after learning from their obvious 2005 mistakes. While their original prosecutorial angle of attacking the use of Obstetrical forceps couldn't really change, once they learned from the first hearing that my record with the implementation of these instruments was totally clean and my proficient ability with their use more than established, they had to do the only thing available to those choosing to continue with their dishonest treatment of these issues....go ad hominem....attack the body or the individual himself and not the legitimate issue at hand. This is what weak and feeble-minded individuals do when they have an even weaker argument in whatever they are debating, or in this case, prosecuting.

Since OPMC didn't have actual skillset or my clinical performance history or the medical records or any legitimate patient complaint or even the established written standards of care to maliciously use against their subject Dr. Caputo, they ended up having no choice but to attack the thinking processes of this doctor as well as his character by inventing some sort of "show off" personality with his use of these very serious instruments. Any reading of the Determination and Order clearly sees these bogus contentions being played up quite obviously while never once citing a single example or discussion that merits such a depiction.

In addition, it should (likewise) be equally as evident to anyone choosing to read the conviction documents that not one citation of ANY established written standard of care was ever made or introduced by this agency as part of their prosecution of James R. Caputo, M.D. for allegedly violating the "accepted standard of care". Not one. Imagine that. It's like being charged with a criminal offense for breaking the law without the authorities ever providing you with the actual written law that you broke. What a farce.

Not one single reference to any written standard from the American College of Ob/Gyn (ACOG) can be found anywhere in OPMC's Determination or in the ARB's Appeal Response. ACOG is the organization who sets the recommended practice standards for the specialty world-wide, and whose past president just so happened to be my expert before the hospital when originally attempting to deal with the sham at that level.

Contrary to what you will find in the Determination, there were several practice standards from ACOG introduced on part of the defense directly tied to the matters under prosecution with it ALL being tossed aside and ignored in favor of the opinion of their hired liar. Again, see how the sham is carried out when rule of law and integrity are but secondary or even tertiary considerations and moreover, when there is absolutely no oversight whatsoever to attenuate the activities of such a powerful agency who is clearly running amok?

Even though this is a mere sampling of the horrible dishonesty encountered during my sixteen-plus year interaction with OPMC, what they (really this same prosecuting attorney) did during the closing statement in 2007, (from out of the blue), and then succeeded in plastering all throughout their fraudulant 2007 Determination was this. After the following issue was not ever addressed during the actual Hearing, and after OPMC knew that they had spent six years prosecuting a quality physician without any real clinical case example to back up their actions, they decided to concoct a completely new allegation out of thin air. Brought up at the very last moment during closing argument, James R. Caputo, M.D. was now standing accused of having practiced using forceps in his hospital in blatant violation of an imposed restriction on his privileges concerning their use. This was a total blindside and sucker punch that left little to the defense other than simply refuting it as complete and utter nonsense.

Yet, as a result of this dirty last minute tactic, the language, tone and sanctions contained within the 2007 Determination and Order against my otherwise pristine medical license was highly condemning based on this completely fabricated accusation that never even appeared in the original statement of charges, never mind being able to argue it during the actual hearing itself. Again, this was a standard operating procedure dirty tactic that OPMC felt was necessary in order to force their overall bogus conviction. These officers are not what anyone would consider men of honor, appointed to highly regarded State level positions..

Now here is where the reader of this page is handed the definitive document that proves that this whole "hospital violation" thing was total bogus and further establishes the fact that this entire OPMC charade never once had any basis in truth, regardless of how official and clinically damning their numerous documents might appear to the reader. The linked document at the bottom proves that their damning conviction of violating a hospital sanction is a complete lie, as is the entire Determination.

The document presented below contains excerpts from the two conviction documents (Determinations) that make vividly clear that this bogus conclusion played heavily in both their conviction and penalty. Take note of the dates at the top of each. These are then followed by the definitive document that blows this lie out of the water. I have taken the liberty to underline the pertinent points of each page so that there is no confusion whatsoever.

Here's the most obvious point to this lie having been exposed by this document. Not only should that letter from the Chief Medical Officer have been in the very hospital file of mine that OPMC requested over a dozen separate times since 2002, but when that document was also submitted as part of a formal Petition for Vacatur in 2015, (which ought to have wiped out the entirety of my (then) thirteen year malicious prosecution at the hands of this agency), it was completely ignored by the very Director of OPMC who was required to response and only did so after eight months and numerous attempts at compelling an answer.

I'll reiterate that very important point again. When OPMC was confronted on this issue in 2015 in a petition that ought to have erased everything they fraudulently did to my life and career, the definitive document that was submitted as an exhibit was completely ignored by them. The director addressed each of the other exhibits in his usual cursory and unprofessional manner but chose to specifically leave out any mention or reference to this one document for some reason. The reason is clear. It proves their lie beyond any doubt.

Take a look and see for yourself. Read their language and then read the Truth of the matter. Then, take this level of bullshit and extrapolate it across sixteen years and maybe, just maybe you will begin to understand the kind of evil that sham peer review represents and that you, (the taxpayer of New York), are paying for crap like this, which ironically might someday impact your own healthcare.

Thanks for reading. Peace.
-JRCMD

 

OPMC's prosecutorial lie