Doctor Yourself Newsletters
NY STATE CONTINUES TO PROSECUTE (OR IS THAT PERSECUTE?) JENNIFER
DANIELS, M.D., M.B.A.
(Editor’s Note: Dr. Jennifer Daniels is a graduate of Harvard University (Cum Laude), the University of Pennsylvania School of Medicine, and Wharton Business School. She was Board Certified in Family Practice, a member in good standing of the American Medical Association and the American Academy of Family Practice. In 10 years of medical practice, she has received numerous commendations, including one from the Governor. She had no malpractice cases or complaints in those 10 years. Here follows, in her own words, how the State took away her medical license for treating patients with nutrition and common sense, instead of with drugs.)
“In 1999, the NY State Health Department began an investigation of me and requested a patient’s records. I gave them the records. They then said that they wanted to see the records of the 4,000 patients who had seen me over the prior 10 years because this case represented a pattern of “inappropriate” (that is, “natural”) practice. I refused the search because it was not a pattern, only one case. The Health Department then changed the reason to one case of “negligence or incompetence.” I refused because the therapy was effective, therefore this case could not be a case of negligence or incompetence. The Health Department then changed the charges to “non-cooperation” because I refused to allow them to see the charts of 4,000 patients unrelated to the initial case.
“I have retained numerous attorneys. The State threatened one of my attorneys and told her that they would investigate her and fine her or remove her license if she filed any legal action on my behalf. She resigned. Photographs and an eyewitness affidavit then became available indicating that the complaint was false. I was subjected to a one-day hearing and allowed no witnesses. A copy of the patient chart as well as the evidence that the complaint was false was excluded from the hearing. I was convicted of non-cooperation. The penalty by law is a letter of warning. I received a license suspension. A suspension by law should be finite. Mine is forever. The law states that the Health Department has no jurisdiction to investigate therapy that is effective; I was investigated anyway. Case law says the State may not use a false complaint as a basis for an investigation. The complaint is false, yet I was investigated. The prosecutor in my case, with the cooperation of the judge, suppressed exculpatory evidence. This is prosecutorial misconduct.
“Here I am, a 45-year-old single, unemployed mother of three children aged 9, 12,and 15. If I had been a mother sooner, the children would be grown by now and I would be better off. Instead, I borrowed money and spent 14 years of my youth getting an education only to practice medicine for 10 years and have my license taken away without cause.
“My license was suspended 18 months ago. Then, I was the last African American solo family practice physician in the Syracuse area. My medical practice was located in a medically underserved ghetto. Now it is closed.
“I feel it is important to let you know that my situation is the very reason that competent physicians are hard to find, and the reason why doctors refuse to listen to their patients or offer options. You are invited to contact me.”
Jennifer Daniels, MD, MBA
3100 S. Salina St.
Syracuse, NY 13205
(Dr. Daniel’s how-to articles have appeared in previous Doctor Yourself Newsletters. Read for yourself and see if you think her self-help advice is a public danger or not: