Misconduct Board Revokes License of a Manhattan Anesthesiologist

ALBANY, N.Y. (March 31, 2009) – The State Board for Professional Medical Conduct today revoked the license of a Manhattan anesthesiologist, prohibiting him from practicing medicine in New York State.

The State Department of Health has determined that Dr. Brian Goldweber, 62, violated appropriate infection control practices and used the medication Propofol in an inappropriate manner. He also failed to take an infection control and barrier precaution course as mandated by Public Health Law. An agreement between the state and Dr. Goldweber in May 2007 stopped him from practicing pending the completion of the investigation.

"Dr. Goldweber's reuse of syringes while injecting patients with anesthetics is an inappropriate and unacceptable practice that could have led to the spread of bloodborne diseases, including hepatitis B, hepatitis C and HIV," said State Health Commissioner Richard F. Daines, M.D.

In a March 24 decision, the Board found Brian Goldweber, M.D., guilty of gross negligence, negligence on more than one occasion, gross incompetence, incompetence on more than one occasion, and failure to comply with provisions governing the practice of medicine.

Commissioner Daines cited Governor Paterson's signing of the 2008 Patient Safety Law, which enhanced the State's authority to take action against physicians, helping to prevent future infection control and other violations.

Dr. Goldweber was disciplined in 1999 after he incorrectly administered anesthesia in several patients, and falsified records in one case. As part of his penalty he underwent a medical competency evaluation and more medical training.

In 2002, Dr. Goldweber was again disciplined after he admitted to the charge of violating state Public Health Law by fraudulently answering questions related to the disciplinary action taken against him by the Department on an application he submitted to Ellenville Regional Hospital.

In 2007, authorities notified 4,500 people who were patients of Dr. Goldweber, between December 2003 and May 2007, about his careless infection control methods.

The license revocation decision followed a hearing before a hearing committee of the Board for Professional Medical Conduct comprised of two physicians and a lay person. During the course of the hearing, both the physician and the state had the opportunity to offer evidence and present witnesses.

The Office of Professional Medical Conduct in the New York State Department of Health is responsible for investigating complaints about physicians, physician assistants, and specialist assistants. The Board for Professional Medical Conduct, comprised of some 200 physicians and lay members, is responsible for adjudicating charges of misconduct.

The Board's Determination and Order is available at: