On October 20, 2014, Florida officials announced that a Daytona, Florida doctor had agreed to surrender his Florida medical license pursuant to an agreement that will avoid his criminal prosecution for alleged sexual misconduct with his patients. The doctor had been charged with two counts of misdemeanor battery involving two women.
The doctor reportedly groped both women during medical examinations and attempted to kiss one of them on her mouth and grabbed her breasts when she attempted to pull away from him after he had touched her hands in an allegedly sensual manner. One of the women alleged that the doctor asked her to pull up her shirt for a breast examination even though she was there for a pelvic examination.
The agreed-to deferred prosecution agreement provides that the criminal charges filed against the doctor will be dropped if and when the doctor completes 50 hours of community service and the Moral Recognition Therapy Program within its 12 to 24 week period. The doctor must also undergo a psychosexual evaluation and is prohibited from any contact with his alleged victims.
The Administrative Complaint filed by the State of Florida Department of Health regarding four of the doctor’s patients’ complaints of improper sexual conduct alleges that the doctor attempted to kiss one patient’s mouth; touched another patient’s breasts and nipples and/or nipple rings in a sexual manner, attempted to pull down her pants, and touched her body in sexual manner, including but not limited to, her arms, legs, and/or back; touched a third patient’s hands in a sexual manner, verbally engaged her in a conversation that could reasonably be interpreted as intended for sexual arousal and/or gratification, and touched and/or grabbed her breasts; and, touched and/or rubbed a fourth patient’s body in a sexual manner, including her arms, hands, fingers, and/or thighs, and touched and/or grabbed her buttocks.
The State of Florida Board of Medicine had previously disciplined the doctor for his failure to timely diagnose a patient’s cancer in 2000, which was the subject of a Consent Agreement accepted by the Board on April 15, 2004.
In another disciplinary matter, on April 28, 2000, the State of Florida Board of Medicine accepted a Counter Consent Order entered into by the doctor for his alleged failure to perform a complete history and physical examination of a 69-year-old patient suffering from hypertension during five office visits over a nine year period. Despite the lack of adequate patient evaluation and monitoring, the doctor continued to prescribe anti-hypertensive medications. The patient had died on January 18, 1997 due to cardiopulmonary arrest.
If you or a family member may be the victim of inappropriate sexual contact by a doctor or other medical provider, you should promptly seek to consult with a local medical malpractice attorney in your state who may investigate your sexual misconduct claim for you and represent you in a claim against a doctor or other medical provider, if appropriate.
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