Destruction, alteration, falsification of records, (2C:21-4.1)
2C:21-4.1. Destruction, alteration, falsification of records
A person is guilty of a crime of the fourth degree if he purposefully destroys, alters or falsifies any record relating to the care of a medical or surgical or podiatric patient in order to deceive or mislead any person as to information, including, but not limited to, a diagnosis, test, medication, treatment or medical or psychological history, concerning the patient.
White Collar Crime News 
July 25, 2010
Dr. Daniel Bennett, Integrative Treatment Centers/Western Pain Consultants, 10835 Dover Street, Suite 800, Broomfield, CO 80021, was reported to the Colorado Board of Medical Examiners for destroying a patient’s medical records, in particular, the fluoroscopy records pertaining to the lesions made during a radiofrequency nerve ablation surgery.
The patient consulted with Dr. Bennett regarding a mild compression fracture of a vertebra at T-12. Dr Bennett prescribed a treatment of RadioFrequency Ablation and multiple levels of the patient’s back. RF is not an acceptable treatment for a fractured vertebra.
Two weeks after the initial consultation, Dr. Bennett injected anesthesia into the patient’s joints, saying that this was a diagnostic test for efficacy if RF Ablation. However, commonly accepted guidelines state that facet joint injection is not indicative of the need for RF Ablation not is it a diagnostic test for treatment of a vertebral fracture. The proper diagnostic test for RF Denervation is a single or preferably double medial branch nerve block. These tests were not done.
Dr. Bennett proceeded to perform the RadioFrequency Ablation surgery on the patient just two weeks after this test. The procedure was done improperly, with the hot tip of the radiofrequency needle burning into the patient’s main nerve root and spinal cord.
Following the discovery of the patient’s complications, which included severe spasms and hypertrophy of the right quadratus lumborum muscle, loss of range of motion, and extremely severe pain characterized by burning and stabbing sensations, Dr. Bennett destroyed the fluoroscopy images of the procedure. These images of each lesion done during a RF Ablation procedure must be retained for 7 years according to Colorado law.
Dr. Bennett is being investigated by the Colorado Board of Medical Examiners regarding the improperly done procedure the subsequent destruction of medical records.
Two weeks after the initial consultation, Dr. Bennett injcted anesthesia into the patient’s joints, saying that this was a diagnistic test for efficacy if RF Ablation. However, commonly accepted guidelines state that facet joint injection is not indicative of the need for RF ABlation not is it a diagnostic test for treatment of a vertebal fracture.
Dr. Bennett proceded to perform the RadioFrequency Ablation surgery on the patient just two weeks after this test. The procedure was done improperly, with the hot tip of the radiofrequency-charged needle burning into the patient’s main nerve root and