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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
315-475-3393
jdaniels@twcny.rr.com
(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:
Headache:
http://doctoryourself.com/news/v1n19.txt
Arthritis:
http://www.doctoryourself.com/news/v2n1.txt
Constipation:
http://www.doctoryourself.com/news/v1n21.txt
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