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CONSENT AGREEMENT BETWEEN - State Medical Board of Ohio ...

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Matter <strong>of</strong> Kyle Elliott Hoogendoorn, D.P.M. Page 27<br />

Testimony and January 31, 2005, Report <strong>of</strong> Dr. Chelimsky<br />

58. Dr. Chelimsky testified that Dr. Hoogendoorn had performed procedures that were beyond<br />

the scope <strong>of</strong> practice <strong>of</strong> a podiatric physician. Dr. Chelimsky testified that chemoneurolytic<br />

and trigger point injections require the exercise <strong>of</strong> judgment based on medical knowledge.<br />

Dr. Chelimsky further testified that they require an individual assessment <strong>of</strong> each patient<br />

because trigger points vary in location from patient to patient, the risks are different from<br />

patient to patient, “and the agent choice will vary from one patient to the next.”<br />

Dr. Chelimsky further testified that they cannot be performed without a need for complex<br />

observations or critical decisions. Finally, such procedures “require repeated medical<br />

assessments to look at the results <strong>of</strong> the injection as far as pain is concerned, and also to<br />

make sure there hasn’t been a serious complication.” (Tr. at 1634, 1657-1665)<br />

Finally, Dr. Chelimsky testified concerning Dr. Hoogendoorn’s performance <strong>of</strong> injection<br />

procedures that his opinion does not change if Dr. Hoogendoorn had been performing these<br />

injections as a fellow because “that would imply he’s training to perform it, eventually.<br />

* * * The point <strong>of</strong> a fellowship program is to train somebody to do what they’re<br />

eventually going to do.” (Tr. at 1648-1649)<br />

Testimony <strong>of</strong> Dr. Bressi<br />

59. Dr. Bressi believes that it had been appropriate for Dr. Hoogendoorn to administer trigger<br />

point and chemoneurolytic injections in the context <strong>of</strong> his pain fellowship. Dr. Bressi<br />

testified: “For podiatry it is extremely important that they get a handle on chronic pain<br />

because * * * many, if not the bulk, <strong>of</strong> their problems deal with pain in the feet. But not all<br />

the pain in the feet comes from the feet, and they have to be familiar with generalized<br />

systems.” (Tr. at 2320-2323, 2479-2480)<br />

60. Dr. Bressi testified that trigger point injections “could be catastrophic if you’re not<br />

careful.” For example, “in the thoracic area you have to watch that you don’t go too deep<br />

because you can collapse a lung[.]” Further, “[y]ou don’t want to get a [blood] vessel.<br />

You can have a seizure or somebody can stroke.” Dr. Bressi further testified that either<br />

Dr. Leak or Dr. Griffin had to have been in the room with Dr. Hoogendoorn at first to show<br />

him how they are done and observe his performance. After that, they would not necessarily<br />

have to be in the room with him. (Tr. at 2480-2482)<br />

Dr. Bressi further testified that, in his opinion, Dr. Hoogendoorn had been competent to<br />

perform trigger point injections and chemoneurolytic injections under the supervision <strong>of</strong><br />

Dr. Leak or Dr. Griffin. (Tr. at 2486)<br />

61. Dr. Bressi testified that, in his opinion, Dr. Hoogendoorn had not practiced medicine<br />

without a certificate by performing injections under the supervision <strong>of</strong> Dr. Leak or<br />

Dr. Griffin. Dr. Bressi testified that the basis <strong>of</strong> that opinion was that Dr. Hoogendoorn<br />

had been in a fellowship at the time he engaged in those activities. (Tr. at 2486-2487)

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