One of my favorite writers on health care is Atul Gawande, M.D. (author of "The Checklist Manifesto" which I highly recommend to all health care professionals and other professionals). He has a recent article in The New Yorker magazine that I highly recommend entitled "Big Med: Restaurant Chains Have Managed To Combine Quality Control, Cost Control and Innovation: Can health Care?"
Read this article when you have time and think about how you would apply it to your own practice or business. How do you deliver a range of medical or other professional services to people at a reasonable cost and with a consistent level of quality? Can the innovations in other industries be applied to health care? Posted by Tracy Green, Esq.
Wednesday, August 8, 2012
Monday, August 6, 2012
Medical Board of California Investigation Results in Misdemeanor Criminal Charges Against Los Angeles Physician
On August 2, 2012, investigators with the Medical Board of
California’s Operation Safe Medicine, along with the Los Angeles Police
Department (LAPD), served an arrest warrant today on plastic surgeon Lance Everett Wyatt, M.D.
in Los Angeles, California. Dr. Wyatt is presumed innocent.
The Medical Board received a complaint that Dr. Wyatt videotaped a
disrobed patient without her consent or knowledge during an examination. A
joint investigation by the Medical Board, LAPD, and Los Angeles City Attorney
allegedly discovered an additional victim. The Medical Board is now
publicizing its concern that there may be other victims and has asked they be
contacted. In our experience, such publicity sometimes leads to false accusations -- but we understand the Medical Board's concern.
The Los Angeles Times reported that on August 4, 2011, Dr.
Wyatt made secret video recordings of two patients who were seeing the doctor
for post-surgical care and were undressed. It is alleged that one of the
patients discovered a camera in the office, fled with the camera and turned it
over to the police.
The Los Angeles City Attorney filed criminal charges against Dr.
Wyatt for two counts of Penal Code (PC) 647(j)(3)(1), the unlawful filming of
another, on two patients; two counts of PC 647 (j) (1), unlawful viewing of
another, on two patients; one count of PC section 243.4(c), sexual battery on a
patient; and one count of PC 242, unlawful use of force and violence (battery)
on another. These are all misdemeanors with a maximum sentence of 2 years
if convicted on all counts.
Restriction on Practice Pending Criminal Case. One of the more common tactics for the Medical Board to take is to ask the court hearing the criminal case to issue a practice restriction while the case is pending. In some cases, they ask the court to prevent the physician or licensed professional from practicing at all. In cases involving touching allegations, they ask for a third party chaperone . This is a restriction imposed as a condition of bail. In Dr. Wyatt's case, the Los Angeles County Superior Court entered an order that Dr. Wyatt "must have a third party present when examining, consulting, photographing or videotaping a patient at all times."
Restriction on Practice Pending Criminal Case. One of the more common tactics for the Medical Board to take is to ask the court hearing the criminal case to issue a practice restriction while the case is pending. In some cases, they ask the court to prevent the physician or licensed professional from practicing at all. In cases involving touching allegations, they ask for a third party chaperone . This is a restriction imposed as a condition of bail. In Dr. Wyatt's case, the Los Angeles County Superior Court entered an order that Dr. Wyatt "must have a third party present when examining, consulting, photographing or videotaping a patient at all times."
The sexual battery charge alleged in the complaint alleges that the plastic surgeon touched one patient inappropriately telling her it "served a professional purpose."
The most serious consequences to the doctor could be a potential
requirement that he register as a sex offender and the fact that the Medical
Board may seek an interim suspension order (which it is doing with increasing
frequency) or requirement of supervision as well as any potential discipline
that can arise with or without a conviction. In other words, since the burden
of proof is less in a Medical Board Accusation, a physician can win the
criminal case but still face allegations in a Medical Board case. In addition,
there is certainly the potential for civil litigation.
The sexual battery charge is a clear reminder why physicians should have someone else present during physical exams. We have represented numerous physicians who were falsely accused of improper physical contact or comments that could have been resolved easily if there had been a medical assistant in the room the entire time.
Posted by Tracy Green, Esq. Please email Ms. Green, a
very experienced health care attorney at tgreen@greenassoc.com or call her
at 213-233-2260 to schedule a complimentary 30-minute consultation.
The
firm focuses its practice on the representation of licensed professionals,
individuals and businesses in civil, business, administrative and criminal
proceedings. They have a specialty in representing licensed health care
providers in California and throughout the country. The firm is located at 801
South Figueroa Street #1200, Los Angeles, CA 90017.
Their
website is: http://www.greenassoc.com/
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