No accusation was made- only linking that the phone number is a landline at 47 Larboard...and that CPH lists his specialties as those bolded above. Just posting information that can be found in an instant. It proves only that he used his home address and a landline at that address to accept calls re: his medical position. I did not pose the question; but why keep up his license if he had nowhere to practice? Correct me if this is inaccurate but is it not true that he still holds a valid medical license to practice in NYS? Are you suggesting he did house calls?
You might not be intending to make accusation but when you write stuff like "Why lie?" it sure sounds like it.
Also, I just explained that the information posted around the internet can be updated by anyone. You are also accusin CPH of listing his specialities on that one website with no proof or verification that he was the person who input that listing.
As far as the question about "why keep up his license?", well after eight to ten years of schooling, what licensed physician ever gives up their license? All is required is a small fee and some continuing education classes every few years. For that matter, what license professional in any trade ever gives up on renewing their license when they aren't actively practicing their trade?
The New York State website is loaded with the names of thousands of hair dressers, real estate agents, doctors, lawyers, insurance agents, mortgage bankers, plumbers, electricians, etc... who no longer work but still choose to renew their professional licenses that they worked so hard to earn. Every single one of those license listings show the home address/landline of the licensee as their place of business. The court is smart enough to acknowledge that this proves nothing about whether or not an actual business exists at anyone's home.
If you read the legal complaint against CPH, JR makes the allegation that CPH maintains a medical practice out of his home. Remember, despite what the media and those talking about this case are saying, it IS NOT a wrongful death case. It's classified by the court strictly as medical malpractice. I don't know if this is what JR had intended or if he didn't realize that the moment he included accusations that a licensed physician mistreated a patient at his medical practice that this case would fall under the classification of 'medical malpractice'.
JR now opened the door for a quick and easy dismissal.
The legal complaints are like building blocks. The plaintiff starts with one item that he/she beleives to be true and then builds upon that. This complaint goes something like this;
- CPH is a licensed physician.
- CPH is a licenses physician who maintains a practice at his home.
- CPH is a licensed physician who maintains a practice at his home where he treats patients.
- On the morning of May 1, 2010, SG knocked on the door of CPH who is a licensed physician who maintains a practice at his home where he treats patients.
- CPH, who is a licensed physician woh maintains a practice at his home where he treats patients admitted SG into his home to treat her on the morning of May 1, 2010.
- While treated SG on the morning of May 1, 2010, CPH who is a licensed physician who maintains a practice at his home where he treats patients, administered intravenous medication to SG to attempt to 'save her'.
Get the drift?
When you have a legal complaint based upon all of these building blocks, all that the defense needs to do is prove that one of the blocks of the foundation were flawed in order for the judge to dismiss the entire case.
In this situation, JR has built his entire pile of blocks upon three blocks-
- CPH is a licensed physician.
- CPH maintains a practice at his house.
- CPH treats patients at his house.
It probably took CPH's attorney an entire five minutes to read the first few paragraphs of the legal complaint filed by JR to easily determine that the entire case is flawed base upon the fact that CPH does not maintain a medical practice out of his home. If JR simply skipped that detail and left it more broad (like CPH sometimes treats patients out of his house) then he would not have given the defense attorney this escape hatch to slide through.
Of course, anything is possible when you go to court. The judge might not buy in to the argument and might allow this case to survive the motion to dismiss. The problem I already can see with defending this argument is that we are talking about events that took place in the year 2010 and prior. All CPH will need to do is supply the court with the logs from his prescription pad to show all of the patients he's prescribed medication for in the years 2008-2010 along with testimony from a handful of those patients declaring that CPH didn't maintain a medical practice out of his house.
Remember, CPH is not denying that he might have helped a friend or a neighbor on occcasion at his home when they needed first aid or medical advice. That is not what CPH needs to defend. The accusation is that CPH maintained a medical practice. Just think about your last visit to the office of your family physician and think about all of the components that define that as a practice (examination rooms, patient charts, physical examinations, immunizations, follow-up visits, all of the equipment, the staff, the billing/insurance company interaction, bloodwork/labs, waiting room, etc...) and then realize that MG's complaint is based upon her attorney's written accusation that CPH maintained an actual practice out of his home in Oak Beach.
This case is doomed.
