License Suspension for New Jersey Oncologist Possible Malpractice

Trenton, NJWhile it might be too early for a case of medical malpractice, suspicion continues to swirl around a doctor in New Jersey after his license to practice medicine was revoked earlier this month. Medical malpractice law governs any case involving medical malpractice negligence.

So far, any allegation against Dr. Parvez Dara of Ocean County, New Jersey is just that—an allegation. But it sure isn't looking good for the oncologist. Five of his patients have been diagnosed with Hepatitis B, a serious blood infection that can cause serious liver damage. Members of the state Board of Medical Examiners initially suspended the doctor's license to practice temporarily April 3rd on an 'emergency basis.' Five days later, the full board is said to have voted to continue the suspension.

In its ruling, the board said Dara's "continued practice would present clear and present danger to public health, safety and welfare."

The issue surrounding the New Jersey oncologist began when five patients who tested positive for hepatitis B in Ocean County, all shared the same doctor.

According to the Associated Press, health officials visited the offices of Dr. Dara in March and found blood on the floor of a room where chemotherapy was administered to cancer patients, blood in a bin where blood vials were stored, saline and gauze that were not sterile together with open medication vials.

Inspectors allegedly found a host of situations that could promote cross-contamination. Conditions at the facility were described as unsanitary and inspectors listed a number of health code violations.

Following the inspection, it was reported that county health officials on March 28 authorized a letter to all of Dara's patients warning them of the risk and urging all patients to tested for hepatitis B, as well as hepatitis C and HIV.

Upwards of 3,000 people are affected.

Dr. Parvez Dara, who has been practicing at Toms River for 23 years and is originally from Pakistan, attended the hearing at which his license to practice was considered, but offered no comment. His legal counsel maintains there is no evidence directly linking Dara to the five confirmed cases of hepatitis B and has asked that his client be allowed to at least perform consultations and exams. He called the system for license suspension in New Jersey grossly unfair.

It has been reported that the doctor routinely saw between 45 and 60 patients each day, with about a dozen receiving chemotherapy treatment.

While a handful of his patients came to the medical hearing to offer their support, the medical board was reportedly not swayed by their presence and instead based their decision on conditions found by inspectors at Dara's Toms River office.

Inspectors found evidence of cross-contamination of pens, refrigerators and countertops; use of contaminated gloves; and misuse of antiseptics, among other health code violations.

"This was not a one-time episode," Deputy Attorney General Siobhen Krier told regulators. "This is a case of egregious, bad medical judgment displayed over a long period of time."

During the hearing, Krier said Dara had a history of health code violations dating to 2002 and posed "a clear and imminent danger to the public."

Since 2002, Dara has paid nearly $56,000 in fines for infection control health code violations, court records show.

Dara said he only used sterile supplies and equipment and took steps to correct the violations. He questioned whether the patients may have contracted the disease in some other fashion, such as from a hospital or from surgery, and suggested some may have been latent carriers—meaning they had the virus but it was dormant—until they began receiving chemotherapy, which can suppress the body's immune system.

"It's not that rare," Dara said.

In making its decision, the committee said Dara showed "a significant and gross deficiency in judgment" that could not be remedied by changing office practices.
"Dr. Dara's own testimony has not persuaded the committee that he has an appreciation for the gravity of multiple breaches of basic infection control practices."

Any potential for medical malpractice will depend on further investigation and the results of testing. However medical malpractice law exists to protect the patient from medical malpractice negligence. Patients of Dr. Dara who are not necessarily in his corner will be eagerly awaiting their test results. The outcome may dictate whether litigation would be prudent.