Dr. Gerald Buchoff Consent Order for Veterinary Negligence

MATTHEW J. PLATKIN

ATTORNEY GENERAL OF NEW JERSEY

Division of Law

125 Halsey Street, Fifth Floor

Post Office Box 45029

Newark, New Jersey 07101

By: Lydwin Nonez
Deputy Attorney General
Attorney ID: 394822023
Email: Lydwin.Nonez@law.njoag.gov
Phone: (609) 698-5567

STATE OF NEW JERSEY

DEPARTMENT OF LAW & PUBLIC SAFETY

DIVISION OF CONSUMER AFFAIRS

BOARD OF VETERINARY MEDICAL EXAMINERS

IN THE MATTER OF

: Administrative Action
:
: DR. GERALD BUCHOFF, BVSC&AH
: CONSENT ORDER
: License No. 29VI00222600
:
: TO PRACTICE VETERINARY MEDICINE:
: IN THE STATE OF NEW JERSEY

This matter was opened to the New Jersey State Board of Veterinary Medical Examiners ("Board") following the Board's review of a complaint alleging that Dr. Gerald Buchoff ("Respondent") engaged in negligence in the treatment of a ten-year-old Yorkshire Terrier dog in July and August 2020.

On August 30, 2023, Respondent appeared and testified at an investigative inquiry with Deborah Cmielewski, Esq. Based on the record created as maintained by Respondent and Respondent's testimony at the inquiry, it appears to the Board that Respondent's treatment of Oliver establishes a basis for disciplinary action.

Specifically, the record revealed that A.W. first brought his Yorkshire Terrier "Oliver" to Respondent on July 21, 2020, with multiple malignant masses in its mouth and on its neck. Respondent relied on the bloodwork and pathology reports of A.W.'s veterinarian, ordering additional bloodwork that only tested Oliver's thyroid. [^1] Respondent also relied on the report of A.W.'s veterinarian indicating that chest x-rays performed on June 2, 2020 were clear. Respondent also testified that he only took x-rays of Oliver after the surgery to try and confirm the cause of his failure to recover. [^2] On July 21, 2020, Respondent surgically removed the masses and "painted" the mass in Oliver's mouth with bloodroot. Respondent testified that treatment options were discussed with A.W. on July 22, 2020 and Oliver was seen again on July 24, 2020, to complete an IV Vitamin C and biophotonic blood treatment with ozone.

Respondent testified that he decided to repeat the surgery on August 3, 2020, as Oliver's masses reportedly grew back. Respondent testified that he used a mask to sedate Oliver as he did on July 21, 2020. Respondent claimed Oliver handled the sedation from and after the first surgery well and seemed to tolerate it for the first 45 minutes after the second surgery. Respondent reportedly discussed the risks of anesthesia with A.W. prior to the first surgery, but acknowledged that he did not document same or obtain written consents.

Respondent testified to a number of his office procedures that existed at the time of Oliver's second surgery on August 3, 2020. First, he removed intubation and catheters shortly after the conclusion of surgery. In Oliver's case, Respondent testified that approximately fifteen minutes after anesthesia was last administered, he removed Oliver's intubation and catheter because the dog was reportedly "on the way to recovery." Respondent further testified that it was his practice to use flematis, a flower remedy dating back to the early 20th century, to wake an animal from anesthesia. Respondent testified clematis was commonly used in holistic veterinary medicine, but was not confident that any peer reviewed articles on the use of such existed. Respondent was not then documenting the strength of buprenorphine administered to animals and also did not have a crash cart on site. Respondent also testified he did not maintain a surgical log.

Respondent then testified to how his office procedures have changed since the time of Oliver's case. Respondent testified he now leaves the tube and catheter inserted for a few hours after surgery, and that in Oliver's case, he was apologetic that he did not leave the catheter in for emergency access. Respondent also testified that he now uses Antisedan to wake an animal quickly from Dexdomitor. Respondent claimed he would document the strength of buprenorphine going forward and that he was already maintaining surgical logs.

As to Oliver's decline, Respondent testified he re-intubated the dog and re-connected the ECG and pulse oximeter when he realized his condition was worsening. He acknowledged, however, that he did not replace the catheter. As to the lack of emergency referrals made as Oliver's condition declined, Respondent testified he and A.W. reportedly agreed that Oliver was "too frail and might not make it to the emergency clinic." Respondent further testified he was unaware of any regulation requiring consents be provided to clients regarding the lack of on-site 24-hour care.

The Board, following its review of Respondent's record and Respondent's testimony, determined that Respondent engaged in multiple acts of negligence in his care and treatment of Oliver, in violation of N.J.S.A. 45:1-21(d), in that he: 1) prematurely removed the IV port post-surgery; 2) failed to replace the IV when Oliver crashed; 3) failed to take pre-surgical x-rays and bloodwork; 4) failed to respond appropriately to a medical emergency, including administering a holistic treatment that he acknowledges he no longer uses, not administering epinephrine in a timely manner, and failing to have a crash cart on site (which he acknowledges he did not have until after this case); 5) failed to refer Oliver and A.W. to an emergency veterinarian for surgery; and 6) failed to maintain proper documentation in that he did not document the emergency in his records, did not create a surgical log, did not document prior bloodwork, did not provide notice to his clients that 24-hour care was not available in his practice, and failed to document client consent for the procedure.

The parties desiring to resolve these matters without the need for further disciplinary proceedings; and the Respondent acknowledging and not contesting to the findings of the Board and waiving his rights to a hearing in this matter; and the Board having been satisfied that the within resolution adequately protects the public health, safety and welfare, and for good cause shown:

IT IS, THEREFORE, ON THIS 8th DAY OF May, 2025 ORDERED THAT:

1. Respondent, Gerald Buchoff, BVSC&AH, shall cease and desist from further acts and violations of N.J.S.A. 45:1-21(d).
2. Respondent is required to provide proof of full attendance at, and successful completion of, a minimum of five (5) credit hours of Board pre-approved courses of continuing education in the area of emergency protocol within six (6) months of the date of this Order. All continuing education courses taken by the respondent to fulfill this requirement shall be RACE approved and have no affiliation with or be sponsored by Longevity Veterinary Center and/or Holistic Pet Care. Additionally, no continuing education credits completed in compliance with this Consent Order may be used to satisfy the minimum continuing education requirements for any biennial renewal period.

1. Respondent shall pay a civil penalty of $7,500 for engaging in acts of negligence, contrary to N.J.S.A. 45:1-21(d). All payments shall be made by bank check or money order, wire transfer or credit card payable to the State of New Jersey and forwarded to Howard Pine, Acting Executive Director of the State Board of Veterinary Medical Examiners, at 124 Halsey Street, Post Office Box 45029, Newark, New Jersey 07101. If a form of payment is presented other than the forms of payment noted above it will be rejected and will be returned to Respondent.
2. Respondent shall pay the full amount owed over the course of eighteen months. Each payment shall be due on the first business day of each month, commencing on June 1, 2025 with the first installment of $416.78, with each subsequent installment of $416.66. In the event that a monthly payment is not received within five days of its due date, the entire balance shall become due and owing.
3. Subsequent violations will subject the Respondent to enhanced penalties pursuant to N.J.S.A 45:1-25. In the event Respondent fails to make timely payments, a certificate of debt shall be filed with the New Jersey Superior Court pursuant to N.J.S.A. 45:1-24 and the Board may bring such other proceedings as authorized by law.
4. Failure to comply with any of the provision of this Consent Order may result in subsequent disciplinary proceedings for failure to comply with an Order of the Board.

NEW JERSEY STATE BOARD OF VETERINARY MEDICAL EXAMINERS

[Signature]
Mark W. Logan, D.V.M.
President

I have read and understand the within Consent Order and agree to be bound by its terms. Consent is hereby given to the Board to enter this Order.

[Signature]
Gerald Buchoff, BVSC&AH
Date: April 24, 2025

Consent as to form and entry

[Signature]
Deborah Cmielewski, Esq.
Attorney for Dr. Buchoff
Date: 4-25-25

[^1]: Respondent testified that he did not repeat pathology because, allegedly, he and A.W. agreed that they knew what the masses were. This conversation was not documented in Respondent's records.
[^2]: These x-rays were not available to the Board during the August 30, 2023, Investigative Inquiry but were submitted following the proceeding.