MATTER OF DIAZ v. STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

505722

68 A.D.3d 1565 (2009)

2009 NY Slip Op 10005

893 N.Y.S.2d 309

In the Matter of DIEGO A. DIAZ, Petitioner, v. STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.


KAVANAGH, J.

Prior to meeting with a patient on March 21, 2005 to discuss with her the results of a colonoscopy and pathology exam, petitioner, a physician licenced to practice medicine in New York, briefly reviewed the reports of both exams and, based on that reading, mistakenly concluded that petitioner had been found to have cecal carcinoma or cancer in her colon.* In fact, the reports, when read together, found that a "proximal rectal...

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