California Medical Board Fails To Suspend ER Doctor Charged With Multiple Counts Of Sexual Battery

Four women alleged that a 35-year-old hospital emergency room physician had sexually assaulted them. He was originally charged with four counts of sexual battery and now faces two counts of felony sexual battery, for which he has pled not guilty. The Medical Board of California described the physician as “an extreme danger to the public” but did not suspend his California medical license, instead opting to request a judge condition the physician’s bail on his agreement to not practice medicine.

The physician’s lawyer subsequently convinced a judge in November 2021 that it was inappropriate for the court to place such a condition on the granting of bail because it is exclusively within the province of the Medical Board of California to determine if a physician is competent to practice medicine and treat patients. Hence, the emergency room physician is free to treat patients although he is presently unemployed and is looking for work, according to his lawyer.

Any reference to the prior court order or criminal proceeding has been wiped from the Board’s website, meaning that anyone searching the website for information regarding the physician may be unaware of the pending charges he faces.

It was reported by the Los Angeles Times in December 2021 that since 2013, the Medical Board of California has reinstated ten physicians who had been suspended from practicing medicine due to sexual misconduct. One of those two physicians who had been reinstated had allegedly abused teenage girls, and another had allegedly beat two female patients who had reported him for sexually exploiting them.

The Los Angeles Times had reported in July 2021 that the Medical Board of California had consistently permitted physicians who had been accused of medical negligence to keep seeing patients, resulting in harm such as brain damage, loss of limbs, patients becoming paralyzed, and death.

Source

The Medical Board of California states on its website:

“The Medical Board of California is a state government agency which licenses and disciplines medical doctors. The Board provides two principal types of services to consumers: public-record information about California-licensed physicians, and investigation of complaints against physicians.”

“Consumers can file a complaint against a physician or other health professional regulated by the Board. If the problem appears to be a violation of the law, the Board will investigate it and, if a violation is confirmed, take legal action against the licensee.”

Source

However, elsewhere on the Medical Board of California’s website it states:

Under California law, the following information is confidential and NOT public and would NOT appear on a record if applicable to the physician:

  • Complaints made to the Medical Board of California
  • Investigations conducted by the Medical Board of California
  • Misdemeanor convictions that occurred after January 1, 2007 and did not result in an accusation or disciplinary action being filed by the Board
  • Some medical malpractice information, e.g., pending or dismissed cases. This information may be available at the local county courthouse in the “Civil Index.”

Source

If you or a family member were injured during or as a result of medical negligence in California or in another U.S. state, you should promptly find a California medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your family member in medical malpractice case, if appropriate.

Visit our website or call us toll free in the United States at 800-295-3959 to find medical malpractice attorneys in California or in your state who may assist you.

Turn to us when you don’t know where to turn.

This entry was posted on Wednesday, January 26th, 2022 at 5:27 am. Both comments and pings are currently closed.

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