BUFFALO, N.Y. (WIVB) – A Clarence doctor returned to federal court Tuesday afternoon to face new charges stemming from his alleged overprescribing of opiates.
Dr. Eugene Gosy pleaded not guilty to 166 charges listed on the latest indictment filed by the U.S. Attorney’s Office last week.
That indictment claims he caused the death of six patients. If convicted, Gosy faces a minimum of 20 years behind bar and a possible $1 million fine.
Gosy is the head of Gosy & Associates, a large pain management clinic in Amherst. For more than a year, he’s been required to treat patients under the supervision of another doctor- part of his bail condition agreed upon when the government filed its first indictment against him.
Gosy is charged with one count of unlawfully conspiring to distribute and dispense controlled substances resulting in the death of six patients. three counts of unlawfully distributing and dispensing drugs like fentanyl, oxycodone, and tapentadol, each resulting in the death of a patient. 144 counts of unlawfully distributing and dispensing controlled substances other than for a legitimate medical purpose, two counts of conspiring to commit healthcare fraud, and 16 counts of healthcare fraud.
In court today, the government asked Judge Schroeder to change his current bail agreement. They claim the current arrangement, which allows him to practice medicine under the supervision of another doctor, relies too much on Dr. Gosy’s medical judgment- which they say has proven not to be sound.
Judge Schroeder said the government offered no evidence the current arrangement is not working and that he’s received no complaints or indications that Dr. Gosy is not abiding by those current conditions. The doctor will continue to be able to treat patients as long as another doctor oversees that treatment.
“Frankly we were surprised that the government chose to do that,” said Gosy’s attorney Joel Daniels. “They’ve been watching his practice now for the past year and a half, he’s been fully compliant with all the conditions of bail, he continues to see patients under supervision- [he’s a] skilled, experienced doctor and he’s the guy they want to see.”
Bail was originally set at $250,000, which Dr. Gosy posted his home as collateral for. That home has since been sold.
The six patients who died passed away after this supervisory arrangement was put in place. The government claims they died because of Dr. Gosy’s malpractice.
Judge Schroeder said he isn’t going to take away Gosy’s job because there isn’t proof currently that he’s a public risk.