Friday, November 12, 2010

Doctor lied to Medical Council

Dr. Vishwamintra Persaud

To remain on job pending probe – Dr. Rambarran

Director of Medical Services at the Georgetown Public Hospital Corporation (GPHC), Dr. Madan Rambarran, says that the US-trained physician who is a convicted sex offender will remain on the job at the GPHC pending the outcome of an investigation by the Medical Council.
Meanwhile, Dr. Rambarran is of the belief that the physician, Dr. Vishwamintra Persaud, “does not pose a risk to the population.”
In an interview last night with Kaieteur News, Rambarran stated that the Medical Council and officials at the GPHC knew “up front” that Dr. Persaud had been convicted in a New York court for a sexual offence against a minor.
“Dr. Persaud applied for a licence and the Medical Council exercised its judgment and issued him a licence, and the hospital exercised its judgment and gave him a job,” Rambarran said. “Up front when he sought employment we knew (of the sexual conviction).”
“The licensing body (Medical Council) was aware that he had legal problems in New York, which resulted in his licence being revoked.
They used their discretion and judgment and licensed him, and the hospital has registered him. To date, on the job itself, we have no evidence that he has done anything wrong medically or otherwise.”
Kaieteur News understands that Dr. Persaud has been working at the GPHC for about two months.
Dr. Rambarran said that the Medical Council was now investigating Dr. Persaud because of recent circulating emails which insinuated that there is new information about the convicted physician.
“The Medical Council will look at it to see if there is really new information…but immediately there is no evidence that there is need to abrogate his licence or suspend his employment.”
But when contacted last night, some sources within the Medical Council angrily denied knowing from the inception that Dr. Persaud was a convicted sex offender.
Kaieteur News was told that Dr. Persaud had submitted a registration certificate that expired in September 2010 to the Medical Council.
According to the source, in his written explanation to the Medical Council, the US-trained physician had claimed he was suspended because of a problem with his divorce.
“He deceived the Medical Council,” one of the sources said.
“The council is sticking to the law which says he should be registered in the country where he graduated to be eligible for registration here.”
After receiving information about his conviction in the US, the Council reportedly wrote to Dr Persaud on Monday and asked him to respond within seven days.
Kaieteur News was told that while many persons in the present Council want Dr. Persaud’s registration revoked, another faction wants him to remain licensed.
One source said that a senior official at the GPHC has asked the Council to wait until the Council’s lawyer returns from overseas in two weeks’ time.
According to Dr. Rambarran, Dr. Persaud’s clinical expertise is not being questioned.
“The issues (of his sexual abuse conviction) were there but it is our discretion that he does not pose any huge risk to the population and that he actually brings a certain competence (to the GPHC).”
“In my best opinion…I don’t believe that he poses a risk. The evidence is that the incident for which he was convicted relates to one child. It is not as if there is a pattern of molestation of children… at least that is the information that we have.”
Asked if he would be comfortable with Dr. Persaud treating a daughter of his, Dr. Rambarran said: “Yes, based on what I know now.”
He agreed that the local medical fraternity should hold itself to the same high standards as those in the US, where Dr. Persaud was trained. But he asserted that “we don’t have to rubber-stamp that judgment (against Dr. Persaud) because that judgment may not entirely apply to us.”
Documents obtained by Kaieteur News show that Dr. Vishwamintra Persaud, formerly of Lot 308 A East 15th Street, New York, was authorised to practise medicine in New York on August 14, 1997, by issuance of licence number 207867.
On April 18, 2008, in the County Court of the state of New York, the physician pleaded guilty to an attempted course of sexual misconduct against a child of the second degree, in violation of New York penal law Section 110 and 130(1) (b); a class E felony.
The incident is said to have occurred in 2003 and ended in 2007.
On June 11, 2008, Dr. Persaud was sentenced to an eight-year order of protection (a term most commonly used in reference to domestic violence, harassment, stalking or sexual assault.)
He was also sentenced to ten years probation, a US$2,500 fine and various fees and surcharges.
During a hearing on November 19, 2008 before the New York State Board for Professional Medical Conduct, Dr. Persaud admitted that he had committed a crime, but argued that he should not lose his licence because of the exceptional quality of his medical practice and because therapy had transformed him into a person that would not commit a similar act.
Arguing further to show why he would not be a threat to his patients, Dr. Persaud had told the Committee that the victim was a child and that his patients were adults.
He also noted that the sexual abuse had not occurred at work.
In addition, the Guyanese physician told the Committee that when the court sentenced him, he was labeled a level one sex offender, which is the lowest level of sex offender, and one who is deemed least likely to commit the offence again.
The three-member Committee dismissed these arguments. It also dismissed testimony of a therapist who was treating the Guyanese physician and who stated that Dr. Persaud was responding to therapy.
The Committee members concluded that “no matter how skilled physician he is, his sexual crime makes him an unacceptable risk to the people of NY York State. His licence must be revoked.”
After the hearing, the State of New York Department of Health ordered the Guyanese physician to hand over his licence and registration certificate to the Board of Professional Medical Conduct.

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