It was nearly two years before June Datena learned her breasts were touched by a doctor while she was under anesthesia for the Caesarean section delivery of her son Nov. 19, 2003.
The doctor, former Auburn Memorial Hospital anesthesiologist Harjyot Deol, 48, of 9 Sachem Drive, Skaneateles, was sentenced on a reduced charge by Judge Peter Corning in Cayuga County Friday to 50 hours of community service.
Datena, of Fayetteville, granted an interview to The Citizen Friday after the sentencing in the hopes publicizing her experience will prevent another patient's violation by her doctor.
Deol mailed in a guilty plea last month to the violation charge of second-degree harassment, a negotiated plea bargain from the indicted misdemeanor charge of forcible touching.
After the crime, Datena said she delivered another son at AMH without being notified by any hospital staff of how Deol had
violated her body.
“It sent the message basically because it happened under anesthesia, 'hmm, it couldn't have affected her that much,'” Datena said. “But it has, it has. It's unacceptable. I was the victim of gossip for how many years. People knew, and I didn't know.”
People unknown to Datena pushed the case forward to the point the office of Cayuga County District Attorney James Vargason began investigating a complaint made last year asserting Deol touched a patient without medical purpose.
Datena wasn't known as the patient to Vargason's office when it began the investigation. Identifying her to notify her of a crime she didn't even know had been committed took six months of multiple subpoenas of medical records and records of a state Office of Professional Medical Conduct investigation, Vargason said.
Datena was contacted late last year via mail to do an interview at the DA's office. That interview with Vargason was the first time Datena was informed of the abuse of her body by Deol.
Datena was not told by her then-obstetrician, Dr. Kenneth Palmer, of Auburn, she said. She was not told as AMH dealt with it in-house. She was not told after the state Health Department started an investigation in February 2004 after an anonymous complaint was made about how the hospital handled the situation.
Auburn Memorial Hospital Administrator Brendan McGrath and Palmer could not be reached early Friday evening.
Deol said in a Feb. 1 interview with The Citizen that he briefly lifted Datena's left breast to see if scarring had been left from a bilateral breast implant. Deol said he was “clinically curious” to see how extensive the scarring was from the past surgery because a relative had suffered burns to her chest as a child and will need to undergo reconstructive surgery.
Datena said it was just an excuse to justify the violation of her body.
“He was not allowed to touch my breasts. It was sad he had to use his own (relative) to justify his actions,” Datena said. “He has to actually be sick to do what he did to me. I think he was using his own (relative's) misfortunes to justify his actions so he didn't look bad.”
Deol declined his right to give a statement to the court Friday.
“It was an error of judgment,” Deol's attorney, Samuel Giacona, said. “He is truly remorseful.”
Corning also ruled that because it was not a felony case he would not allow Datena to address the court unless Deol consented to her giving the statement. Deol said at the time of his mail-in plea he would welcome her statement, but he changed his mind.
“There are other victims of your action,” Corning said. “The community is a victim. The hospital is a victim of your actions. The hospital has suffered a great deal of humiliation with your actions.”
Datena was upset with Corning saying the hospital also was a victim considering the hospital never notified her of Deol's actions. Deol could have faced up to 15 days in Cayuga County Jail and a $250 fine.
Following the state Health Department investigation, Deol took a course addressing sexual behavior and sexual harassment, was monitored for six months and a letter of reprimand was placed in his file.
The state Office of Professional Medical Conduct also investigated as part of its determination whether Deol's medical license should be suspended or revoked and did not change the status of his license.
In 2004, an investigation by state health officials cited AMH for its handling of a complaint about Deol's touching of the patient's breast. Among the findings were that the hospital's investigation by AMH medical director Dr. Frank P. LoTurco consisted solely of interviews with Deol and Palmer.
Datena said she didn't get the apology she wanted. Worse, Deol's violation of her body has triggered the trauma of past abuse, Datena said.
“The best thing that's helped me is my faith in God,” Datena said.
Deol had one other local criminal conviction in the last year. He pleaded guilty Sept. 19 in Auburn City Court to the traffic infraction of driving with ability impaired. He was sentenced to a conditional discharge, 25 hours of community service and a $300 fine. His arrest for the offense was in February 2005.
According to a New York state Web site profiling doctors, no malpractice contentions or criminal convictions have been reported about Deol. No public disciplinary actions have been filed against him by the state Department of Health's Office of Professional Medical Conduct during his career, and his license was not changed following a review by the office.
He worked at the hospital since 1995 when he joined the Finger Lakes Anesthesia Group's practice.
The group disbanded June 2005 less than a month after negotiating a new two-year contract last 2005. Deol contracted with the group's replacement, Sterling Healthcare, a recruiting company that supplies health professionals to hospitals around the country.
Deol's last day of work at the hospital was Jan. 30, occurring in the same time frame as his indictment for this charge. Deol and other officials said at the time his departure was unrelated to his indictment but because of conflicts over Deol's schedule with Sterling.
“I believe the community deserves the highest level of medical care,” Vargason said. “When one member of that respective profession acts inappropriately, then the community is well served to know about it.”
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Datena, of Fayetteville, granted an interview to The Citizen Friday after the sentencing in the hopes publicizing her experience will prevent another patient's violation by her doctor.
Deol mailed in a guilty plea last month to the violation charge of second-degree harassment, a negotiated plea bargain from the indicted misdemeanor charge of forcible touching.
After the crime, Datena said she delivered another son at AMH without being notified by any hospital staff of how Deol had
violated her body.
“It sent the message basically because it happened under anesthesia, 'hmm, it couldn't have affected her that much,'” Datena said. “But it has, it has. It's unacceptable. I was the victim of gossip for how many years. People knew, and I didn't know.”
People unknown to Datena pushed the case forward to the point the office of Cayuga County District Attorney James Vargason began investigating a complaint made last year asserting Deol touched a patient without medical purpose.
Datena wasn't known as the patient to Vargason's office when it began the investigation. Identifying her to notify her of a crime she didn't even know had been committed took six months of multiple subpoenas of medical records and records of a state Office of Professional Medical Conduct investigation, Vargason said.
Datena was contacted late last year via mail to do an interview at the DA's office. That interview with Vargason was the first time Datena was informed of the abuse of her body by Deol.
Datena was not told by her then-obstetrician, Dr. Kenneth Palmer, of Auburn, she said. She was not told as AMH dealt with it in-house. She was not told after the state Health Department started an investigation in February 2004 after an anonymous complaint was made about how the hospital handled the situation.
Auburn Memorial Hospital Administrator Brendan McGrath and Palmer could not be reached early Friday evening.
Deol said in a Feb. 1 interview with The Citizen that he briefly lifted Datena's left breast to see if scarring had been left from a bilateral breast implant. Deol said he was “clinically curious” to see how extensive the scarring was from the past surgery because a relative had suffered burns to her chest as a child and will need to undergo reconstructive surgery.
Datena said it was just an excuse to justify the violation of her body.
“He was not allowed to touch my breasts. It was sad he had to use his own (relative) to justify his actions,” Datena said. “He has to actually be sick to do what he did to me. I think he was using his own (relative's) misfortunes to justify his actions so he didn't look bad.”
Deol declined his right to give a statement to the court Friday.
“It was an error of judgment,” Deol's attorney, Samuel Giacona, said. “He is truly remorseful.”
Corning also ruled that because it was not a felony case he would not allow Datena to address the court unless Deol consented to her giving the statement. Deol said at the time of his mail-in plea he would welcome her statement, but he changed his mind.
“There are other victims of your action,” Corning said. “The community is a victim. The hospital is a victim of your actions. The hospital has suffered a great deal of humiliation with your actions.”
Datena was upset with Corning saying the hospital also was a victim considering the hospital never notified her of Deol's actions. Deol could have faced up to 15 days in Cayuga County Jail and a $250 fine.
Following the state Health Department investigation, Deol took a course addressing sexual behavior and sexual harassment, was monitored for six months and a letter of reprimand was placed in his file.
The state Office of Professional Medical Conduct also investigated as part of its determination whether Deol's medical license should be suspended or revoked and did not change the status of his license.
In 2004, an investigation by state health officials cited AMH for its handling of a complaint about Deol's touching of the patient's breast. Among the findings were that the hospital's investigation by AMH medical director Dr. Frank P. LoTurco consisted solely of interviews with Deol and Palmer.
Datena said she didn't get the apology she wanted. Worse, Deol's violation of her body has triggered the trauma of past abuse, Datena said.
“The best thing that's helped me is my faith in God,” Datena said.
Deol had one other local criminal conviction in the last year. He pleaded guilty Sept. 19 in Auburn City Court to the traffic infraction of driving with ability impaired. He was sentenced to a conditional discharge, 25 hours of community service and a $300 fine. His arrest for the offense was in February 2005.
According to a New York state Web site profiling doctors, no malpractice contentions or criminal convictions have been reported about Deol. No public disciplinary actions have been filed against him by the state Department of Health's Office of Professional Medical Conduct during his career, and his license was not changed following a review by the office.
He worked at the hospital since 1995 when he joined the Finger Lakes Anesthesia Group's practice.
The group disbanded June 2005 less than a month after negotiating a new two-year contract last 2005. Deol contracted with the group's replacement, Sterling Healthcare, a recruiting company that supplies health professionals to hospitals around the country.
Deol's last day of work at the hospital was Jan. 30, occurring in the same time frame as his indictment for this charge. Deol and other officials said at the time his departure was unrelated to his indictment but because of conflicts over Deol's schedule with Sterling.
“I believe the community deserves the highest level of medical care,” Vargason said. “When one member of that respective profession acts inappropriately, then the community is well served to know about it.”
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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