November 16, 2009

Greta Rainsford, MD

Chairperson, Mercy Hospital Medical Staff Ad Hoc Committee

756 Front Street

Hempstead, NY 11550

Phone  516-481-6633

VIA FAX at   516-705-3730

                        516-705-2539

                        516-705-1797

                        516-564-5031

RE:      Corrective Action Hearing at Mercy Hospital regarding

            Dr. Anthony Colantonio

Dear Dr. Rainsford,

This letter is in response to Mrs. Garofalo’s letter dated October 29, 2009.

I am sending this letter addressed to you because I am not permitted to communicate with Mrs. Garofalo and in addition, pursuant to the Bylaws, she should not be participating in the Corrective Action Hearing Process.

Although the comment, which Mrs. Garofalo attributes to you, is accurate that, “it is routine and accepted practice that physicians can request in advance that their on-call schedule be adjusted to accommodate certain dates,” the “request” may not always be honored and/or possible. As I have indicated to you repeatedly in the past, I do not know a particular month’s schedule, despite timely requests for “days off,” until mid-month the month before (two to six weeks in advance). In addition, daily exigencies (both personal and professional) require revisions in all personal and professional schedules. For example, the premature and sudden death of a young close relative of mine last week, the death of a nurse-colleague of mine two weeks ago, and the death of a physician-friend’s young son three weeks ago, will require me to make multiple changes to my personal and professional schedules that will impact my schedule for the next two months. In fact, I have had to postpone caring for my own medical issues because of these unfortunate events.

I do not know what your understanding is of the on-call schedule for General Surgery at Franklin Hospital Medical Center, but I must respectfully remind you that unless you have spoken with any of the three people who are responsible for the “schedule,” you do not know the facts. Moreover, if you have spoken with any of those individuals in any

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investigatory manner, it would have been highly improper and unethical on your part, outside of my presence and without my knowledge. In addition, I believe you have no idea of what my particular present practice details entail and I highly doubt, that without asking me, you will ever know. No one on the Ad Hoc panel even comes close to the unique type of practice I had in 2007, and which I continue to have in 2009.

Regarding your comment, to substantiate your earlier comment, that on June 11, 2009, I was able to inform you that I would not be able to attend a particular date in August for a hearing session and that arranging my schedule is possible prior to “mid-month the month before,” you are incorrect. You wrongfully assume that requests may be made at any time and for any reason and that they will all be granted; may I suggest that we not make assumptions and stick to the facts? Reckless assumptions are what this entire Corrective Action Process is founded upon; although, the process was initiated to discredit me following the homicide of 19-year-old N.W. at the hands of PA Sharkey and Dr. Roy Rubenstein, aided and abetted by Drs. Yohai, Zito, and Reilly. The Washington v. Mercy medical malpractice civil law action will be an interesting case to follow; although, I am absolutely sure that Mercy, and the other defendants, will settle well before any Discovery period begins. To go to trial on that case would be stupid on the part of the defendants and to allow Discovery, would be “self destructive.”

My August 2009 trip to Africa was planned and requested in September 2008 (11 months earlier), following my return from Africa in 2008. My trip to Africa in 2008 was revised 12 hours before my plane was scheduled to leave because of an emergency change to the on-call schedule at Franklin Hospital Medical Center. My trip to Africa this year was revised for medical reasons three days before we were to leave. Schedules change frequently in the profession and vocation that we practice in and sometimes we have very little control over it and very little notice. The best we can do is “go with the flow” and be sure our patients always come first.

Regarding the December 2 and December 9, 2009 dates, for personal and professional reasons, I had submitted and requested those two dates “off” back in September 2009, which is one of the requirements for requests. I have been informed today that the December 2 date could not be honored and the December 9 date was granted. I will be in Washington, D.C., meeting with U.S. Senators, and attending an event at the White House, from 10 AM to 5 PM on December 9, 2009. I will be able to take the 6:30 PM plane back to NY and will arrive in NY at approximately 7:45 PM. Depending upon the location of the Hearing, I will need a certain amount of time to get there. If we are meeting in Melville, I could probably be there by 9:15 PM. May I suggest that we meet until 12 midnight?  Alternatively, may I suggest a meeting place close to LaGuardia Airport so that I may be able to get there earlier? Please keep in mind that I have no control over cab, train, and plane schedules. Nor do I have much control over traffic.  

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Regarding additional dates in December 2009, depending upon the time of day/evening/night and the time in which you take to respond to this letter, I am, at this time, available for portions of the day/evening/night on December 5 (evening, night), 

11 (afternoon, evening, night), 13 (all day, all night), 15 (evening, night), 17 (afternoon, evening, night), 19 (evening, night), 20 (all day, all night), 21 (evening, night),

23 (morning, evening, night), 24 (morning), 27 (all day, all night), and 29 (evening, night).

Please note that there are only two General Surgeons taking ER on-call at any particular time in December 2009. As such, there is a very high likelihood that an emergent/urgent patient will arise on any given day and at a moment’s notice. Unlike Thoracic Surgery ER on-call and ENT Surgery ER on-call, General Surgery on-call is quite busy every time you are on-call and consults/admissions/operations are frequently performed “in the middle of the night,” or added to the “stand-by” schedule the next day.  Unlike ambulatory surgery or elective surgery, most of my surgical cases are on the “stand-by schedule.” I am informed of a time 30 minutes before an OR suite is available, and I do not have much input into the timing of the procedure. In addition, may I respectfully remind you that I am a solo practitioner; also, because 99.9 % of my practice is in-patient emergent or urgent care, I have a significant number of seriously ill and critically ill patients, who require my availability (via the telephone and in person) 24/7, whether I am on-call or not.

Finally, please stop sending communications to parties not permitted to participate in this process (i.e. Mr. Leonard Rosenberg). You continue to violate my Rights pursuant to the Bylaws and my confidentiality Rights pursuant to N.Y. State and U.S. Federal Law and the Mercy Bylaws.

I look forward to the resumption of the Hearing Process.

Thank you and always with warmest regards. May you and your family have a warm, pleasant, and peaceful Thanksgiving Holiday Season.

Sincerely,

Anthony Colantonio, MD, FACS

cc:        Robert Curran, MD (President, MEC), via Steven Pinsky, MD (Officer, MEC)

                        FAX    516-705-1406

            Andrew Finklestein, MD

                        FAX    516-705-1290

            Stewart Fox, MD

                        FAX    516-255-5020

            Jeffrey Zauderer, MD