Peter C. Harvey, Attorney General
Division of Consumer Affairs
Reni Erdos, Director
For Immediate Release:
November 9, 2004
For Further Information Contact:
Genene Morris, Jeff Lamm 973-504-6327
Appellate Division Upholds Medical Board’s Decision to Revoke License of Former Prison Doctor
NEWARK — The State Appellate Division has upheld the New Jersey Board of Medical Examiner’s ("BME") decision to revoke the medical license of former prison doctor John Joseph Napoleon, Attorney General Peter C. Harvey and Consumer Affairs Director Reni Erdos announced today.
The BME’s decision dates back to November 2002 and arose from an administrative complaint filed by the State against Napoleon. The State’s complaint alleged that during the physician’s tenure as medical director at Bayside State Prison and Cape May County Jail, he engaged in gross and repeated acts of malpractice by failing to properly treat his inmate patients and failing to adhere to accepted standards of medical care.
The BME’s decision adopted, in part, an initial decision by Administrative Law Judge Joseph Fidler, who conducted hearings in 2000 and 2001 on the State’s complaint. In addition to revoking Napoleon’s license, the BME also ordered the physician to pay $53,845 in penalties and costs. Napoleon appealed the Board’s decision and oral arguments were heard on October 26. In its ruling, the Appellate Division rejected Napoleon’s legal contentions, finding that the ALJ’s and BME’s factual findings were "well-grounded in the evidence."
"The individuals who suffered at the hands of Dr. Napoleon were patients of Dr. Napoleon, not just inmates, and they were entitled to professional medical treatment," Attorney General Harvey said. "He had an obligation to treat them with the same care and respect as any other patient would receive."
"We are gratified that the Court has upheld the Board’s decision," Director Erdos said. "Hopefully, the ruling will send the message that such callous behavior will not be tolerated."
Deputy Attorney General and Consumer Affairs’ Professional Board Prosecutions Chief Paul R. Kenny handled this matter for the State.