The following letter was written to the Office of Professional Medical Conduct at the end of May 2014 as the third round of malicious prosecution was about to commence.  Also addressed is my attorney as well as the most recent prosecutor for the DOH, Michael Hiser and the Head of the Board of Professional Medical Conduct, Keith Servis.  I wanted to make it clear to the State that since they had already essentially destroyed my career and practice by this latest entry into their kangaroo court, I was going to once again make sure they knew just what they were doing without any basis and that I was not going to tolerate it without speaking loud and clear to the corruption that has been behind this entire matter for thirteen years..

I refer to numerous exhibits in this letter in order to illustrate several points.  This is a pretty extensive list of documents that OPMC not only downloaded in its entirety from a webpage I provided for them but also furnished me with a complete printed out copy of as well.  So, they were more than aware of the fact that they had not only been nefariously used by those within my department but that they too chose to become party to it all knowing otherwise. 

As has been already eluded to on the various pages addressing this entire saga, I found Mr. Hiser to be a pretty honorable guy considering he was my adversary at the time. By contrast, though I have never met Mr. Servis, yet have written him previously, I suspect that he is either the actual inside guy who was both working in concert with the two from Crouse Hospital as well as providing "the marching orders" as Mr. Hiser referred to, or he is awfully close to the insider referenced in my letter to the Governor and to the Department of HHS - Office of Inspector General.  Nonetheless, the amount of material documentation is extensive and can be found here so as to be able to reference them as they are pointed out below. 

Dear Dick, Mr. Hiser, OPMC, BPMC and Mr. Servis,

I am responding to your email, Dick, from May 26 regarding the OPMC’s early morning conference call concerning a proposal of sorts in relation of a settlement in my current prosecution.  It is at this time that I would like to share a few thoughts, facts, and positions on this entire matter that OPMC might want to consider as they hold their discussion.  The purpose of this letter is to be right to the point – in the spirit of truth, integrity and cordiality.  Yet, several absolute facts need to be established first.  And by stating them as absolute, this means that they are irrefutable.  Irrefutable (definition) – “impossible to deny or disprove.”  For the record, “Impossible” means Impossible.  These are the facts.

• IRREFUTABLE FACT: The purpose and mission of the Office of Professional Medical Conduct (OPMC) is to protect the public through the investigation of professional discipline issues involving physicians and physician assistants.  (taken right off OPMC’s own website – exhibit K5)

• IRREFUTABLE FACT: OPMC is responsible for investigating all complaints of misconduct.  (taken right off OPMC’s own website – exhibit K5)

• IRREFUTABLE FACT: OPMC has numerous prosecuting attorneys, all of whom have certain prosecutorial quotas against physicians and physician assistants that must be met.  This is a very dangerous and telling fact.

• IRREFUTABLE FACT:  A Reform Bill was introduced into the NY State legislature detailing widespread and longstanding abuses by OPMC in carrying out their oversight of New York physicians’ licenses.  (see exhibit H6)

• IRREFUTABLE FACT: After moving to Syracuse in 1998, my performance in the Ob/Gyn Department at Crouse Hospital ranked amongst the leaders in the community.  My hospital file, which was requested by the DOH upwards of two dozen times since 2002, should readily bear this fact out.  (all I have been allowed to have by Crouse Hospital is exhibit F1 which illustrates that for that year at least, (and I would attest that this is entirely indicative of all ten years at this institution), I was the top performing physician in the department.

• IRREFUTABLE FACT: The Departmental leadership at Crouse Hospital for more than twenty years has repeatedly failed this community with poorly trained and poorly educated resident physicians (look at the written board results for the past twenty years), the worst reviewed department by the medical students for decades, an unconscionable number of preventable bad outcomes, multiple cover-ups of poor care and a level of corruption and abuse of power that reaches any definition of misconduct in any jurisdiction.  (exhibits B1-4)

• IRREFUTABLE FACT: After an unfortunate delivery outcome in 2001, where Obstetrical forceps happened to be utilized to assist in only the descent of the baby and not in the delivery itself, I was denied all due process rights and summarily punished by this corrupt department at Crouse Hospital.  I was purposely excluded from the Root Cause Analysis (RCA) while multiple steps in the hospital’s peer review process were skipped in order to impose an unjust punishment.  (see exhibit K1)

• IRREFUTABLE FACT:  Richard Aubry was the principle adversary within the department who not only corrupted official hospital reports to the State, (see exhibits C14 and C15), but I know he was the one who authored (or was behind) many if not all of the anonymous false complaints to the DOH about me in order to ultimately bring harm upon my license, career, family and name. (Malice) 

• IRREFUTABLE FACT:  Richard Aubry, Shawky Badawy, Robert Silverman, and Ronald Stahl all colluded to bear false witness at a Crouse Hospital MEC hearing in late summer 2002 in order to purposefully bring harm upon my life and career.  I have the entire transcript of this proceeding that clearly indicates their perjurious testimony not to mention violation of the American Congress of Ob/Gyn’s Code of Ethics. (Malice)

• IRREFUTABLE FACT:  The practice used by these individuals is known universally as Sham Peer Review.  This is a dishonored form of peer review where the perpetrator(s) is/are able to hide behind the very anonymity intended for those who truly wish to raise legitimate concerns without the risk of retaliation.  (see exhibits I 1-4) (Malice)

• IRREFUTABLE FACT:  As a result of this MEC Hearing, the DOH “mysteriously” began investigating other cases of forceps assisted deliveries for which there was no problem with the individual patients, their babies or their families.  I would eventually be brought up on multiple charges focusing primarily on forceps where no baby or mother was unduly harmed; where I had more than established myself as a leader in the department in both application and safety with the use of these instruments. This, after I cooperated fully by providing clinically sound and accurate responses to each and every query by the DOH.   (I retain multiple audio recordings of phone calls to the DOH from 2002-2003 where I not only detailed the facts of these cases but emphatically asked that the DOH assign this matter to a State expert with experience in these sorts of medical procedures.  They (the DOH) never cared enough about jurisprudence to do so.) (Malice)

• IRREFUTABLE FACT:  It is, by definition, professional misconduct for any physician in New York State to commit unprofessional conduct, as defined by the Board of Regents in its rules or by the Commissioner in regulations approved by the Board of Regents.  The Board of Regents defines many forms of unprofessional conduct such as: conduct in the practice of a profession which evidences moral unfitness to practice the profession; and/or willfully making or filing a false report.  (see exhibits K2 and K4)

• IRREFUTABLE FACT:  All four named above, Aubry, Badawy, Silverman and Stahl all committed professional misconduct with how they abused their power and violated the hospital’s own bylaws in order to knowingly and deliberately bring harm to my career and practice by making a false and completely unsubstantiated claim before the MEC.  Aubry additionally by filing (or having a hand in filing) false reports with a State agency. (Malice) 

• IRREFUTABLE FACT:  In September 2002, I wrote a complaint to the DOH providing great detail as to how these four named individuals above committed misconduct.  It was received and given a case/file # 02-09-4875.  To this day, this complaint has not been investigated or any sort of determination made.  This is despite a follow up letter from my attorney in 2004 asking for any sort of response – which went just as ignored.  (see exhibits C1 and H1 and H7) (Malice)

• IRREFUTABLE FACT:  It is a violation of Department of Health Policy for failure to act on a complaint of misconduct.  “OPMC is responsible for investigating all complaints of misconduct…”  (see exhibit K5) (Malice)

• IRREFUTABLE FACT:  Despite full cooperation, detailed clinical accounts for each case including decision making, thought processes, indications and applications of specific treatment courses, I was brought to a formal hearing in 2005. (Malice)

• IRREFUTABLE FACT:  The 2005 Hearing Determination was thrown out on appeal because of “bias pervading the entire hearing.”  Bias (definition) - prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.  Pervade (definition) - to exist in every part of (something).  Entire (definition) - with no part left out. (Malice)

• IRREFUTABLE FACT:  At no time was misconduct ever committed in my practice of medicine for these cases in 2005, for those in the follow-up hearing in 2007 or since.  In order to obtain an adverse Determination in 2005, “BIAS” had to “PERVADE” the “ENTIRE” hearing.  In no uncertain terms, the DOH committed legal misconduct by allowing this to occur, particularly in line with all of the abuses detailed in the OPMC Reform Bill – Senate Bill 5221. (Malice)

• IRREFUTABLE FACT:  The individual (Albert Ellman, M.D.) cited by the ARB for having been party to the Bias was the only Ob/Gyn member of the hearing panel.  This man turned out to be a friend of Richard Aubry, the very individual who had been behind the filing of false complaints, anonymously, in order to bring harm to my life and career. (Malice)

• IRREFUTABLE FACT: Corruption (definition) - dishonest or fraudulent conduct by those in power; spiritual or moral impurity or deviation from an ideal.  The presence of Albert Ellman on that hearing panel along with his outrageous behavior in coaching the State’s expert while she was on the stand and then conversing with her at the end of the day is prime evidence of dishonesty, fraud, moral impurity and a clear cut deviation from an ideal committed BY the DOH in adjudicating my hearing.  In other words, it meets without question the definition of Corruption. (Malice)

• IRREFUTABLE FACT: OPMC rules of the proceeding do not mirror anything of a constitutional process.  There is no formal description of the investigative committee and who sits on it and what material they have reviewed before declaring a hearing.  There is absolutely no knowledge as to how the three hearing panel members (or jurors) are assembled.  And despite the declaration that the burden of proof in on the State, this is nary the case for the Respondent when actually before a panel. (Malice)

• IRREFUTABLE FACT:  I was retried in 2007 and despite not one individual being unduly harmed by my care, all standards of care having been met by material evidentiary basis, no formal standard of care ever introduced by the State as having been violated, and a declaration by the Hearing Panel that they gave my expert “GREAT WEIGHT”, I was convicted on nearly every charge.  This was a disgrace to any semblance of justice. (Malice)

• IRREFUTABLE FACT: Despite the law stating that the Hearing Panel identify each charge and then state why and on what basis they ruled one way or another, this was not done at all.  The 2005 Hearing Panel understood that duty to be one that enabled them to make the following statement concerning my entire defense, “Conflicting evidence, if any, was rejected.”   (Malice)

• IRREFUTABLE FACT:  The Department of Health and their OPMC have demonstrated repeatedly that they simply cannot follow their own rules and apply what rules they do follow any way they see fit. (Malice)

• IRREFUTABLE FACT:  In OPMC’s 2007 Determination and Order, (page 65) they state the following - “An example of Respondent’s impaired judgment in this regard was evidenced by his persistence in performing forceps operations in a hospital after his privileges to perform that operation were suspended.”   This was a principle position that the DOH took despite the defense repeatedly stating that there was actually a situation which required consultation prior application of forceps and NO SUSPENSION.  This is evidenced by exhibit C3 (attached to this email) and surely HAD TO BE present in the numerous hospital file requests by the DOH to Crouse Hospital.  Yet, despite this exculpatory information, OPMC decided to prosecute the forceps issue with this above statement clearly a primary factor in doing so.  Malicious (definition) - having or showing a desire to cause harm to another person.   Enough said. (Malice)

• IRREFUTABLE FACT:  In the 2007 D&O, (page 64), the OPMC also states, “The Committee sought to fashion a penalty that would permit Respondent to continue to practice his chosen profession while ensuring the safety of his patients.  The Committee feels that 30 days of actual suspension must be imposed to provide a period of time during which Respondent can reflect upon his prior misconduct and redirect his energy and focus towards practicing medicine within accepted standards.  In addition, Respondent’s inability to practice for that period of time will serve as a penalty by having a significant monetary impact.  A suspension of Respondent’s license, stayed after 30 days for the remainder of a two-year period provided Respondent complies with terms of probation, is necessary to ensure that Respondent practices medicine within accepted standards.”   This official statement clearly imposes a defined set of conditions and penalties towards my practice of medicine but otherwise makes it clear that I am to be afforded the opportunity to practice once again.  After this was appealed to the ARB, they upped the penalty to three years probation instead of two without providing a single reason why AND added the onerous requirement of a practice monitor. (Malice)

• IRREFUTABLE FACT:  The New York State Department of Health violated a State Law in December of 2007 when “someone” mysteriously posted my Determination and Order on the DOH’s website when all appeal rights had not been exercised yet, where the local newspaper guy just so conveniently happened to pick it up and write a terribly inaccurate article for the local paper.  (see exhibit G9, H2, H8, H9)  This was a clear cut act of MALICE. (Malice)

• IRREFUTABLE FACT:  Despite having the best performance profile of any Ob/Gyn in the entire community; despite no patient or baby being harmed by the use of Obstetrical Forceps in the cases used in my prosecution; despite the American College of Ob/Gyn having clearly established the standard for forceps use, for which I was compliant with each case; despite all this evidence, patient and expert testimony and the utter lack of any contradictory documentation introduced by OPMC, I lost every single thing I had worked for more than twenty years for just because the DOH felt it necessary to present one single witness who simply stated that he “wouldn’t do it that way.”  This is a sham and the entire DOH not only knew it all along, but they allowed themselves to be used by Richard Aubry, Robert Silverman and Shawky Badawy in the precise manner described in the OPMC Reform Bill. (Malice) 

• IRREFUTABLE FACT:  Despite the imposition by the Hearing Panel to have a monetary penalty equal to that of 30 days of work, the damage caused to my career because of this ruse was catastrophic.  I lost a multi-million dollar practice for which I worked years to build up.  I have only been able to work (and only for myself since I have essentially been labeled a leper in the medical community) two and half out of the past six years.  The income gained for these two years has not amounted to anything above the poverty level.  I have lost nearly $2.5M in wages.  I was homeless for two and a half years.  I lost my marriage, my family, my property and home that I was building, my name, my reputation, not to mention a peaceful and harmonious upbringing for my five children.  FOR WHAT????  Just so the DOH can teach an innocent doctor who holds the power when he dares to vehemently defend his professional life and career against lies and deception by power mongers in his hospital department who have been wreaking havoc on the medical care of women and babies in Central New York for TOO LONG?  Because this is precisely what occurred.  (see exhibits E1-E13) (Malice)

• IRREFUTABLE FACT:  In order to rebutt the 2007 newspaper article, I wrote a lengthy response on my practice website making it vividly clear as to what actually happened and who was party to it.  As a response, Crouse Hospital officials descended upon medical records and sifted through eighteen months worth of cases in order to find anything that could be manipulated to give the “appearance” of wrongdoing.  Another sham peer review.  After the “selected” cases were reviewed and nothing concerning found by the GYN QA Committee, the Chairman of that Committee was asked to re-review them and find fault.  This Chairman of the Committee not only refused to do such a thing, he immediately stepped down from the position.  Yet, despite a formal institutional review by the duly appointed committee where nothing was found to be out of the ordinary, the cases somehow made their way to Albany anyway.  This circumventing of the already determined favorable review is part and parcel of how the sham is carried out. (Malice)

• IRREFUTABLE FACT:  In April 2008, after Crouse Hospital had carried out their latest sham (immediately above), the Department of Health had to re-request meeting minutes from the hospital because what they had been given was void of a date and a committee name.  WHY IS THAT?  It turns out that the very cases that were deemed NOT A PROBLEM were moving forward in both the hospital setting (as a sham peer review) as well as to OPMC.  Were the documents initially received by the DOH legit or not?  And what did they ultimately receive after getting a response?  (see exhibit D11) (Malice)

• IRREFUTABLE FACT:  In March of 2013, after having become the victim of yet another sham peer review at a cross-town hospital, I penned a 150+ page account of my entire experience as a physician since coming to Central New York.  This was entitled The Truth Test.  In this writing, great detail was given on many unseemly practices by those in charge including how the Department of Ob/Gyn at Crouse was a danger to the community with several examples cited.  Of those noted was the practice of premature babies for profit at the institution as well as the murder (active euthanasia) of a five day old (damaged) newborn in order to avoid a massive liability payout for which the hospital and their poorly trained resident staff was most definitely negligent.  I have the entire record for both mother and baby.  This writing was viewed by several thousand web surfers from all over the world, including Crouse Hospital’s own legal counsel who wrote a letter to me in response.  In his letter, all he does is state that due to some nebulous threat my writing apparently created in his and the administration’s mind, I was no longer allowed in the hospital without security escort.  NOWHERE ANYWHERE in his letter does he refute the unmistakable fact that his hospital committed murder.  (see exhibits C6 and G8) (Malice)

• IRREFUTABLE FACT:  The facts contained in the Truth Test are revelatory to say the least and have become first hand knowledge for the Department of Health.  This is evidenced by the more than 600 page loads of my website where clear examples of misconduct were detailed with great specificity.  The DOH also downloaded numerous documents that were posted as part of the Truth Test as exculpatory material.  The New York State Department of Health is readily aware of egregious behavior at the hands of those who chose to abuse the system and this State Agency to suit their own needs.  As far as I am aware, they have been glaringly silent when clearly the PUBLIC is in danger.  (see exhibits H3, H4, H5, J1-J7) (Malice)

• IRREFUTABLE FACT:  In 2½ out of three years served of my Order, every single patient case I have cared for has been closely reviewed by highly qualified physicians with NOT ONE mistake being made.

• IRREFUTABLE FACT:  In July of 2013, I wrote a letter to Keith Servis, Director of the Board of Professional Medical Conduct, seeking a modification (and much needed relief) of my Order due to a critical situation in not being able to earn a living due to the excessive probation terms that to that point had been fulfilled without a single issue.  I have lived below the poverty level for nearly five years since my interaction with OPMC.  After being denied any sort of modification in the past when I wrote in 2011, I took Mr. Servis’ letter from then and (per his suggestion) provided a material basis for everything I was requesting in the most recent modification letter.  The most resounding element of that letter, aside from the demonstrable shortcomings in being able to practice under these terms, was that of urgency.  I have five children and have not been able to functionally provide for them.  If I could find another employment opportunity in medicine, I would take it in a heartbeat.  Yet, as stated above, not one potential employer will even meet with me.  Meanwhile, I am in massive debt and responsible for over four years of back rent at my current office.  The fallout from performing proper forceps deliveries that were labeled otherwise by a hired fibber is WAY BEYOND that which was intended by the original Order.  (see exhibits E4, E9, E10, E12) (Malice)

• IRREFUTABLE FACT:  As a result of this desperate plea for relief where no change was to occur in what the previous Order imposed on forceps use, there has been absolutely NO RESPONSE after nearly A YEAR. (Malice) 

• IRREFUTABLE FACT:  My five children have been devastated by this as well.  My eighteen year old son has lived with this black cloud over his family (which he also saw destroyed) since he was five years old.  This circumstance is all that my two younger children know with my other two equally as damaged.  HOW DARE YOU do this to my family!!! (Malice) 

• IRREFUTABLE FACT:  James R. Caputo, M.D. never once committed any such act with any of these cases brought over the past thirteen years that would be considered misconduct in any open and honest forum.  NOT EVER.

• IRREFUTABLE FACT:  James R. Caputo, M.D. has posted the BEST CLINICAL PERFORMANCE of ANY Ob/Gyn physician in the entire State of New York for the period 1998-2008.  I have challenged the DOH for years to show me JUST ONE physician in this State that has a better performance profile than what I have been blessed to achieve.  NEVER, EVER has my practice of medicine been anything close to a public danger. (statistical facts prove it) 

• IRREFUTABLE FACT:  There is an agent or employee of the DOH that has been aiding and abetting the nefarious efforts of Aubry, Silverman and Badawy from the inside. (Malice) 

This is not an exhaustive list by any means.  However, no human could read that and state with any honesty that I was treated fairly or in accordance with anything representative of American principles and practice.  And to think that OPMC has quotas that must be met for their prosecutors is so contemptible it is beyond words. 

And now I find myself once again in the grinding wheel of this agency with a whole new crop of sham cases.  Sure, your agency is masterful in creating the appearance of wrongdoing, knowing full well what you are doing.  What are the current charges?   I am facing a revocation of my license because I didn’t consult a Gyn Oncologist who has a history of mistreating my patients and for a case that was otherwise managed skillfully with a positive outcome?  What is being lost here is the fact that OPMC is supposed to be protecting the public from bad doctors.  These are doctors who show a pattern of REPEATED deleterious behavior regarding patient care or immoral character.  NOT ONE of these cases represent anything of the sort.  The second case?  A properly executed surgical procedure with complete resolution of her preoperative complaints who unfortunately had a bad reaction to the mesh material that was used on her.  This is COMMON KNOWLEDGE NOW.  This was not so much the case then as the FDA themselves made it clear that most in the medical world had been deceived by these companies.  So, my limited follow-up/management of this patient prior to her leaving and having devastating revision surgery is now the subject of misconduct?  It has been made patently clear as to what the deal is/was with the medical record.  Plain and simple, it is a requirement for me to have a complete medical record.  Once this was discovered as not being the case with this patient, it was immediately completed.  This doesn’t mean that the way in which the record was completed was optimal.  In fact, such a thing had never occurred before and it seemed logical to complete (NOT ALTER – LOOK AT THE TWO SIDE BY SIDE, NOTHING IS CHANGED) it in the manner that we (my nurse and I) thought most logical for future referencing in the chart.  There was no misconduct in doing so, just because inherently any record change is automatically considered a transgression by anyone not willing to look at the facts. 

And the third set of charges involves writing a nominal number of prescriptions while I was out of work waiting for the devastation heaped upon my life, family and career to be such that I might get back to work.  I had again cooperated with the DOH on all levels by explaining in detail the exact nature of each of these circumstances.  My writing of prescriptions was not in any way a deliberate act to violate my order.  It had always been in my mind that the practice of medicine as I saw the Order was that of scheduling, examining, operating on and billing patients as if conducting a medical practice.  I did not KNOW that writing a prescription was a violation.  Nor was there any INTENT to commit this act in direct violation of my Order.  If there was knowledge and/or intent, why would I have stopped at just writing prescriptions?  I had a fully outfitted office sitting idle for thirty months all the while I was homeless and penniless.  If there was any intent to thumb my nose to the Order, then I wouldn’t have voluntarily lived in squalor but would have done what Vito Edward Caselnova, M.D. did in 1997 when he too was destitute in not being able to function under the probation terms so unsympathetically imposed upon physicians by the DOH. 

It is outrageous to think that a medical license that should never have been sullied but, in fact, was destroyed by a series of orchestrated lies and deceptions, would now be subject to revocation because of the writing of prescriptions while not completely compliant with a fraudulent Order.  In fact, In the Matter of Vito Edward Caselnova, M.D., 1997 WL 34503504 (1997), this physician violated his order far beyond anything that I am being currently charged with.  Not only did this man write prescriptions, but he reopened his practice in full operation – in violation of his order – because the poor soul was so desperate to earn a living and support his family.  And what was the penalty to him but six months added to his probation.  That’s it.  So, by precedent, if Dr. Caselnova’s license was able to survive such a violation of his probation, then by default, so should mine.

It is clear that OPMC has lived up to every measure of “misconduct” themselves that was outlined in the Reform Bill already mentioned.  I have asked for years to have my entire medical career examined closely for the truth of what I am as a physician.  I have also complied and cooperated with all that has been viciously done to me in the hopes that some day it will all be behind me.  This has not been the case.  Instead, your agency continues to drum up pathetic charges on ISOLATED CASES.  NOWHERE in any of the cases OPMC has brought against me was there any sort of pattern of behavior that placed the public at risk.  THIS IS YOUR MISSION and NOTHING ELSE!  Your mission is NOT TO MEET QUOTAS ON PROSECUTING PHYSICIANS. 

What makes my case all the more unique is the clear and convincing element of corruption within the DOH as it has dealt with me.  As stated above, I know that there is someone working on the inside to bring ruination to my life and career.  Moreover, there have been concerted efforts to deflect any criticism away from the real perpetrators so that the light of truth doesn’t shine on the badness they have inflicted upon this community, not to mention this man.  This inside individual must have considerable reach within the Department since the following are what he/she has been able to pull off, which is a major departure from DOH policy.

1. OPMC emphatically states that they investigate ALL complaints against doctors.  Yet, somehow my detailed complaint from 2002 against the very individuals who abused OPMC as well as their institutional power, seems to have vanished from the attention of OPMC, if not altogether.  Not only has the DOH ignored my complaint but they have also ignored a follow up request from my attorney.  The quashing of this complaint is very telling since the objects of the complaint remain unscathed despite a moral repugnancy that defies description.
   
   
2. This insider was also able to blatantly deviate from Department Policy, (and State Law for that matter), when he/she had posted the Determination and Order on the DOH’s website.  Who has that authority?
   
   
3. This insider is able to direct an investigation and subsequent prosecution after each and every detail of all cases were disclosed previous to the charges and clearly exculpatory in nature. 
   
   
4. This individual has enough influence for the BPMC to simply ignore a desperate plea for relief.

I have always been one to say that there needs to be some sort of oversight for doctors to protect the public at large.  However, my experience with OPMC has not only been utterly vile in regards to anything just and honorable, but it rises to such a level of impropriety that it simply cannot remain hidden from public knowledge. 

You are going to be meeting this morning to determine what might be an offer to settle.  Meanwhile, I am gearing up to defend myself, once again.  But this time, I am not worried about anyone knowing about it.  I have already been reduced to rubble by your agency.  This time around, the public is going to be kept up to date with everything as it occurs.  The internet is powerful and there are plenty of news outlets that would certainly find corruption within the Department of Health newsworthy.  What choice have you left me?  I have tried to be cooperative with what you have done to me.  Yet, despite my continued poverty at your hands, there has been absolutely no concession on part of OPMC in alleviating my suffering.  In essence, what I have experienced is nothing short of cruel and unusual. (malice)  It is simply inhuman and I refuse to lay idle anymore in defending it.  How does all of what OPMC has done to me reflect on your leadership, Mr. Servis?

So, as you sit and confer about what you might do, please consider the following position as to what I seek in a settlement.  All of these cases before you are from 2007!!  Since that time, I have been out of work four out of the six years.  I have suffered greatly and WAY BEYOND what was initially intended.  Since that time, I have had plenty of time to CONTEMPLATE my practice of medicine as was suggested by the Hearing Panel.  Also since this time, EVERY SINGLE patient case I have managed has been without error.  EVERY ONE.  Can any of you at OPMC state that you are mistake free?  No one is perfect, but my practice of medicine has far and away been proven to be of the utmost quality.  Taking a couple of cases and manipulating them in order to manufacture misconduct is an abhorrent practice.  I will not tolerate it anymore and will make sure such deeds are known at least to the taxpayers of New York State as well as any other interested party. 

So, let us all be respectable men and women and do the right thing for once.  I have served my time and have been punished beyond imagination.  It is time for OPMC to move and leave James R. Caputo, M.D. and his family alone for once.  I would like my record cleared at all levels (including the NPDB) or the complaint from 2002 acted upon.  One of the two is the least anyone in my position would expect because either of those paths would result in the same outcome.  To quote the Book of Hebrews in the New Testament – Chapter 9, Verse 27: “For it is appointed unto man once to die, and thereafter the judgment.”  Are any of you able to stand before God with what your part in this has been?  I know unequivocally that I can.  Godspeed in making the righteous choice.

Sincerely,

James R. Caputo, M.D.