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Younes v. Nolan1/19/2005
DECISION
On October 20, 2004, the Board of Medical Licensure and Discipline and Patricia A. Nolan, M.D., in her capacity as the Director of the Department of Health, (hereinafter collectively referred to as "Defendants") issued an Administrative Decision and Order disciplining Claude E. Younes, M.D. (hereinafter "Dr. Younes" or "Appellant") for "unprofessional conduct" within the meaning of G.L. 1956 § 5-37-5.1 (19). Specifically, the Order required Dr. Younes to, within four weeks of the issuance of the Order, enroll in the Colorado Physician Evaluation Program, or such equivalent program as may be approved by the Board. Appellant is now appealing that decision. Jurisdiction is pursuant to G.L. 1956 § 42-35-15.
FACTS AND TRAVEL
Dr. Younes is a physician duly licensed to practice medicine in the State of Rhode Island. Beginning in 1998, Dr. Younes began to treat a sixty-two year old female patient (hereinafter "Patient A"). Subsequent to a June 3, 1999 visit with Dr. Younes, Patient A was diagnosed with metastatic carcinoma and, thereafter, filed a complaint against Dr. Younes with the Board of Medical Licensure and Discipline.
The Specification of the Charges and Time and Notice of Hearing informed Dr. Younes that a hearing would be held on September 11, 2002 on the question of whether his license as a physician in the State of Rhode Island should be revoked or suspended or why he should not otherwise be disciplined. The Defendants alleged that Dr. Younes was guilty of unprofessional conduct by reason of negligence in his diagnosis, evaluation and treatment of Patient A. Further, Defendants alleged that he failed to make, record and document needed clinical findings on June 3, 1999, constituting grounds for the imposition of disciplinary sanctions pursuant to § 5-37-5.1(19).
A three-member Hearing Committee met on the matters contained in the Specification of Charges on September 11, 2002. Additional hearings were convened on July 23, 2003 and June 29, 2004. All parties were represented by counsel. At the hearing conducted on the merits, the attorney for the Board solicited testimony from three witnesses for the State and examined Dr. Younes as an adverse witness. Dr.Younes' attorney cross-examined the State's witnesses and examined Dr. Younes. Sixteen exhibits were entered into the record.
The first person to testify was the son of Patient A (hereinafter "John Doe") on September 11, 2002. He testified concerning his mother's complaints in 1999 involving pressure and soreness in her neck, her shoulder and her head and stated that she had complained to him about a lump in her neck. (Tr. 9/11/02 at 11-13.) He stated that his mother told him that she had complained about the lump in her neck to the doctor and that the doctor told her it was a pulled muscle. (Tr. 9/11/02 at 18.) John Doe testified that when he himself put his hand on his mother's neck, he felt "a very large lump" and "it was very bumpy." (Tr. 9/11/02 at 18.) He continued on to state that, "behind the ear, like up in the back under part of her neck, there was a large lump there," and testified that it was on the right side. (Tr. 9/11/02 at 19.) He further testified that his mother told him that the doctor did not touch it, and that upon hearing this he advised his mother to get a second opinion. (Tr. 9/11/02 at 19-20.) On cross-examination, John Doe testified that his mother was frustrated that Dr. Younes had not examined the lump. (Tr. 9/11/02 at 32.)
The second person to testify at the hearings was Dr. Younes, who was called as an adverse witness by the Board's attorney on September 11, 2002. The medical record of Patient A was introduced as Exhibit 5. Dr. Yo
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