Stevenson v. Goomar

Mikoll, J. (concurring).

In my view there is merit in defendant’s argument that the failure to charge him with medical malpractice in the statement of charges in the administrative proceeding under the circumstances presented here precludes a finding that the issue of medical malpractice was "fully aired” (see, Allied Chem. v Niagara Mohawk Power Corp., 72 NY2d 271, 277, cert denied — US —, 109 S Ct 785).

Claims of unprofessional conduct, moral unfitness, fraudulent practice of medicine and willful harassing, abusing or intimidating a patient were set forth against defendant with respect to…