Citing independent reviews by two doctors, federal prosecutors asked a judge Tuesday to stop Dr. Eugene Gosy from practicing medicine.
The judge denied their motion.
In making their request, prosecutors pointed to the doctors' evaluations of Gosy's files and their conclusion that his pain medication prescriptions contributed to the deaths of six patients.
Gosy, charged in a new federal indictment linking him to the six deaths, was arraigned on those charges Tuesday and pleaded not guilty. He is the first local doctor to be charged with such a crime.
The new 166-indictment against Gosy identifies dozens of lapses in medical judgement, enough to question his right to continue practicing medicine, Assistant U.S. Attorney Maura K. O'Donnell said.
"At least six of those lapses in judgment resulted in the deaths of patients," she told U.S. Magistrate Judge H. Kenneth Schroeder Jr.
Schroeder, concerned about Gosy's ability to make a living and pay for his legal defense, denied the government's motion for a change in bail. He also said the current arrangement that allows Gosy to see patients but rely on other doctors to prescribe medications is working.
When asked about the two new doctors and their evaluations of Gosy's patients, his defense lawyer dismissed their opinions.
"They practice what I call first-degree hindsight," defense attorney Joel L. Daniels said. "They look at these cases and say, yea, you could have done this, you could have done that."
The government-hired experts are Dr. Theodore Parran, a faculty member at Case Western Reserve School of Medicine, and Dr. Stacey Hail, an associate professor of emergency medicine and medical toxicology at the University at Texas Southwestern Medical Center.
The indictment claims Gosy, when faced with warning signs of abuse or addiction in his patients, ignored those signs and instead prescribed more drugs.
Prosecutors said family members of some of Gosy's patients went to him and asked for help in dealing with their family member's addiction, and the doctor turned a blind eye.
Daniels acknowledged the victims were his client's patients, but said their drug abuse cannot be blamed on the doctor who was trying to help them.
Known across New York, Gosy had one of the largest pain medication practices in the state when he was arrested last year.
The new indictment replaces the earlier charges. Over a 10-year period ending last year, he is accused of prescribing fentanyl, oxycodone, morphine and other pain medications to patients who were abusing the drugs.
He also is charged with defrauding the state workers compensation system by submitting patient claims for office visits when he was actually outside the Buffalo area.