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May 14, 2020

Baker Sterchi Successfully Defends Physician in West Virginia Telemedicine Matter


In a win for a telemedicine doctor who had been accused of improper conduct by the West Virginia Board of Medicine, Baker Sterchi attorneys successfully convinced the Board to drop the case in its entirety. The five separate allegations of misconduct against the telemedicine doctor related to the recruiting of patients as well as the treatment prescribed. The Board also questioned the completeness of the records kept as well as the documentation of a proper physician/patient relationship.
 
During the written submission phase of the probable cause hearing, Baker Sterchi argued the doctor acted properly in treating her patients, despite a written report from the West Virginia Public Employees Insurance Agency making allegations of unprofessional and/or unethical conduct.  The Board’s Complaint Committee reviewed both the submissions and the underlying evidence provided by Baker Sterchi and found that none of the five areas of alleged violation were supported by the evidence.  As such, the Complaint Committee “voted to close the case” and dismissed the matter, closing the investigation “with no further action to be taken.”
 
Paul Penticuff, lead attorney on the case, is an authority in the burgeoning field of telehealth, which has experienced exponential grown since the onset of the COVID-19 pandemic.