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State of New York Department of Health
State Board for Professional Medical Conduct

In the Matter of Irving I. Dardik, M.D.
Findings of Fact as to Patient C

  1. Between on or about February, 1992 and or about July 1993, Respondent consulted with and treated Patient C for her chronic Multiple Sclerosis at his office in New Jersey, in her Pennsylvania home and her family's New Jersey home, and over the telephone by his therapist located in New York (T. 401; 403; 421; 426-27; 450-51).
  2. On or about March 20, 1992, Patient C met Respondent for the-first time (T. 403-04). Also in attendance were Patient C's husband and sister, as well as Respondent's associate,- Linda Podhurst. The meeting lasted approximately 2.5 hours (T. 404; 498; 853).
  3. At the meeting, Respondent described his wavenergy program, how he would administer the program and monitor Patient C's progress through the data stored in the Polar heart rate watch, which could be communicated to him daily (T. 405-06; 503).
  4. At-that meeting, Respondent told Patient C that he knew what caused MS and other chronic illnesses and could cure them, and after treatment with his wavenergy program, she would never feel worse than she did at that time, and that she would be healthy and able to have children (T. 407-09; 442-43; 457-58; 471-72; 49Z-500; 511; 515-18; 855-56; 875; 877-78; 881).
  5. At that meeting, Respondent told Patient C that the only person who had not improved from the wavenergy program was one man who had not committed himself to it (T.407-08; 456; 493; 499).
  6. Respondent did not take a history from Patient C (T.477). Prior to this first meeting, Patient C had sent medical records from her neurologist to Respondent at her own initiative (T.404; 461; 476). Respondent did not contact this physician or review the report (T. 1426).
  7. Respondent did not physically examine Patient C, although he did observe how she walked (T.409; 460-62; 465; 468-70; 508; 519; 526; 857; 1417). Respondent did not take a baseline reading of Patient C's heart rate (T. 1417).
  8. At the meeting, Patient C was told that the fee for the program would be $30,000 (T. 411-12). Thereafter, a payment schedule was devised and the fee was paid in installments between April 1992 and April 1993 (T. 413-16; Pet.'s Ex. 20; 21).
  9. On or about March 20, 1992, Patient C was billed $1000-00 for the initial consultation, which she paid (T. 416; Pet.'s Ex. 20; 21).
  10. No written contract regarding treatment was ever discussed, or sent to Patient C or her representatives (T. 417; 1419-20).
  11. Patient C commenced treatment with the wavenergy program on or about April 20, 1992 (T. 419). She purchased two Polar watches and other equipment recommended by Respondent (T.. 462; 1418; 1421).
  12. During the course of her treatment, Patient C remained committed to the wavenergy program (T. 421; 430; 495; 505; 507; 533).
  13. The bulk of her treatment consisted of her being given daily target heart rate numbers by Respondent's therapists over the telephone, with Patient C achieving these targets through cycles of exercise and relaxation. Her heart rate was monitored during these periods by the Polar watch, and the data transmitted via computer to Respondent's office daily (T. 421-22; 430-31; 435-36).
  14. During the course of her treatment, Patient C was visited a total of no more than 15 times by Respondent's therapists (T. 420-23; 426-27; 433--37; 450-51; 453). Her total contact with Respondent was at the initial meeting, two telephone conversations, and one visit to his New Jersey office (T. 424; 435).
  15. In or about the summer of 1992, and again that winter, Respondent told Patient C that he could not turn her around overnight, that her progress would resemble three steps forward and one step back (T. 425-26; 442; 452).
  16. In or about December 1992, Respondent told Patient C he would personally treat her (T. 426-28). maintain adequate medical records for Patient C. These failures represent a departure from competent medical practice.

Conclusions

  1. Respondent held himself out to Patient C as a physician, with a record of achievements in vascular surgery and the Olympics Sports Medicine program. Respondent's reputation was an important factor relied on by Patient C in choosing to participate in the wavenergy program.
  2. Respondent told Patient C that he would cure her Multiple Sclerosis through his wavenergy program, for which he charged her $30,000. He told her this fee was based on the fact that he personally. would be overseeing and/or treating Patient C. He intentionally misrepresented to Patient C the extent of his personal involvement in her care, and did not devote the amount of time to her that Patient C expected, based on the statements he had made to her.
  3. Patient C was not cured of her multiple sclerosis.
  4. Respondent did not take an adequate medical history, nor conduct a proper physical examination of Patient C, and did not maintain adequate medical records for patient C. These failures represent a departure from competent medical practice.
  5. Respondent did not reveal personally identifiable facts, data or information obtained from patient C to other patients, or about other patients to patient C.

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This page was posted on October 23, 2000.