Ophthalmologist accused of ethical, professional lapses continues practice

Molly Ball

Friday, Feb. 25, 2005 | 11:07 a.m.

An eye doctor accused of multiple ethical and professional lapses has continued to practice in Henderson as he awaits proceedings against him in a case the doctor claims was trumped up by a vindictive competitor.

Dr. J. Daniel Carpenter, an osteopathic ophthalmologist, faces 28 charges of gross malpractice and unprofessional conduct in the case that is scheduled to be heard by the state Board of Osteopathic Medicine beginning today.

According to the complaint against him, Carpenter's actions left one patient blind and three others with dramatically diminished vision after he performed surgeries that were unnecessary or not shown to be needed.

The physician also allegedly engaged in fraudulent billing practices. The complaint alleges he charged patients for procedures they didn't need, for procedures that were never performed, or twice for the same procedure.

Carpenter "has exhibited a pattern of disregarding established medical procedures in his treatment of patients," the complaint states.

Although the osteopaths' board brought the charges last July, the board confirmed this week that Carpenter's license was never suspended. The board has the power to temporarily suspend a license before a case is heard when it believes a doctor poses a danger to public health and safety.

In December, the board suspended the license of Dr. Edward Hoffman after he was accused of distributing non-approved versions of flu vaccine and botox. A hearing on the complaints against Hoffman has not yet been completed.

And a year ago, Dr. Gary Lutz's license was suspended based on allegations he prescribed narcotic medications to a suicidal patient who later killed herself with them.

The board's executive director, Dr. Larry Tarno, did not return phone calls.

Carpenter said this week that the malpractice allegations were concocted by the chairman of the osteopaths' board, Dr. Rudy Manthei, who also has an ophthalmology practice.

"Rudy Manthei tried to intimidate me to get me to stay out of the state," Carpenter said. "I have got to clear my name and clear my license."

Carpenter said the complaints against him were brought not by the patients themselves but by other doctors at Manthei's urging. He said he could back up and defend all his medical and billing practices.

Carpenter has also sued Manthei and the board.

Carpenter said Manthei represented a corrupt "old boys' network" that worked to eliminate competition. Manthei also headed the successful Keep Our Doctors in Nevada ballot initiative.

Manthei said Carpenter's allegations are untrue.

"He has sued everybody," Manthei said. "You can take it (Carpenter's allegations) for what it's worth."

Manthei said he has recused himself from the hearing and would not participate in any way.

"The board will take whatever action it deems appropriate," he said.

The complaint lists 10 patients who were allegedly Carpenter's victims.

On one, Margaret Fleites, Carpenter allegedly performed cataract surgery without conducting standard tests beforehand. A doctor who treated Fleites after the surgery "observed that considerable damage to the eye and cornea occurred as a result of the cataract surgery," the complaint states.

"Following surgery, Ms. Fleites suffered permanent vision loss," it states.

In addition, Carpenter "abandoned" Fleites, refusing to see her after her operation, according to the complaint.

Another patient, Renee Collier, had unnecessary cataract surgery and saw her vision deteriorate from 20/80 to 20/400 within a week, the complaint states.

Richard Truman, a glaucoma sufferer, had a shunt inserted in his left eye even though "he was not a good candidate" for the procedure and Carpenter was not qualified to perform the surgery, the complaint states. The shunt became clogged with tissue and caused Truman pain, nausea and vomiting. Eventually he "lost all the remaining vision in his eye."

Carol Lepczyski had fractured her left eye but did not complain of any loss of vision when Carpenter allegedly performed unwarranted cataract surgery on her. A year after the surgery, her vision in that eye had deteriorated from 20/30 before the surgery to 20/400, according to the complaint.

Maurice Butler allegedly underwent unwarranted cataract surgery in the eye in which he was already blind. Carpenter also allegedly performed a laser procedure on Butler's other eye without documenting any problems with the eye, diagnosis or plan for treatment.

Throughout the alleged malpractice on these and five other patients, Carpenter kept inaccurate, incomplete or conflicting records, the complaint states.

Carpenter said he followed proper medical practices in all of the cases.

The board is to hear witnesses on both sides of the case on Friday afternoon and all day Saturday and Sunday in Las Vegas. An earlier hearing date was cancelled when weather prevented Northern Nevada board members from traveling.

If the board decides against Carpenter, it could decide to remove his license, suspend it or attach conditions to it, the prosecutor of the case, Chief Deputy Attorney General Charlotte Bible, said. She said Carpenter has been licensed in Nevada since 1999.

Doctors of osteopathy, or D.O.s, have the same capabilities as M.D.s and can be licensed to practice medicine in all 50 states, but their focus is more on the musculoskeletal system and on preventive care.

Sun reporter Mary Manning contributed to this story.

archive