Legal Juice

You make a mistake. You own up, suffer the consequences, and move on. Or, like this doc, you don't own up, but you don't fight it, and you suffer very few consequences. As reported by The Middletown Press (Middletown, Connecticut), from a decision by the Medical Examining Board:

Fined Brian M. Connolly, an anesthesiologist, $5,000 for performing a nerve block on the right leg of a patient who was having knee replacement on the left leg at New Milford Hospital in July 2011. Connolly, who works for New Milford Anesthesia Associates P.C., didn’t admit guilt, but agreed not to contest the charges and to pay the fine. This will be reported to the NPDB.

Seriously? You don't make the guy admit guilt? Like it would be hard to prove? And $5,000? The Juice does not approve. Here's the source.

When I grow up, I want to be a doctor so I can ... For this doctor, the rest of the sentence would have been nothing like "help people" or "cure diseases." As reported by the CBC News:

The Ontario College of Physicians and Surgeons received complaints from four female patients of Miguel Bonin.

A discipline committee heard that Bonin had made sexual comments during pap smears and vaginal exams.

So you'll get an idea of what a tool this guy is ...

Patients said he commented on the size of their breasts, made sexual invitations, asked about sexual fantasies and said he told them he "became this kind of doctor so I could see pretty women in my office."

The Juice would suspend Dr. Bonin for at least a year, make him undergo a lot of counseling, and have a professional certify that he's fit to practice. The punishment?

The College has suspended Bonin for three months... and fined [him] more than $7,000 for misconduct.

When he resumes his practice, the College has imposed restrictions. He will not be able to see a female patient without a monitor approved by the College. He must also post a sign in his office and consulting rooms notifying women of the restrictions he is now under.

Pshaw. Bunch of wimps. Here's the source.

You won't believe what this door-to-door salesman was selling. As reported by The Sun Sentinel:

A Coconut Creek man accused of posing as a doctor and offering free door-to-door breast exams has reached a deal with prosecutors, lawyers told a Broward judge on Tuesday.

Phillip Winikoff, 81, was accused in April 2006 of carrying on the ruse with women at an apartment complex in the 3200 block of Northwest 40 Street in Lauderdale Lakes. Investigators said two women took Winikoff up on the offer, allowed him into their apartments and realized something was amiss only after the exams started.

So what happened?

At the time of Winikoff's arrest, the Broward Sheriff's Office said he carried a little black bag to lend credibility to his claim of being a doctor. The first victim, 36 at the time, told detectives he started the exam by fondling her breasts, and she knew something was wrong when his hands wandered elsewhere.

Perhaps Mr. Winikoff should have called an escort service?

By the time the victim called 911, Winikoff had already found a second victim, the sheriff's office said.

Preying on women's fear of breast cancer, and then sexually assaulting them? Dude should do time, regardless of his age. It's unsure whether that will happen, as the Judge delayed sentencing. You can read more here.

Seriously - if you're name has 30 characters, it's time for a change of some sort. This doctor will make that decision quite simple, as his real offenses include some egregious conduct. As reported at walesonline.com:

A trainee gynecologist squeezed a patient’s bottom, kissed a colleague’s breast over her tunic and told a woman an examination would be “the most pleasurable experience” of her life, a disciplinary panel has ruled.

His name?

Dr. Priyantha Perera Kandanearachchi ...

Shazam!

... who worked for Cardiff and Abertawe Bro Morgannwg health boards, denied telling the patient the procedure would be intensely pleasurable during an examination in October 2008.

He also denied squeezing a patient’s bottom in February 2010 and putting his mouth to a colleague’s breast in July of last year while working at the Princess of Wales Hospital, in Bridgend.

But a General Medical Council (GMC) disciplinary hearing sitting in Manchester today ruled the allegations against the medic were proven.

The doc is waiting to see if he'll be allowed to continue practicing medicine. Hopefully not. Here's the source.

If this case is at all typical, it's very tough for a doctor in the UK to be permanently barred from practicing medicine. As reported by The Daily Express:

Dr Ellen MacInnes, who has also been banned from driving three times, had to provide a blood sample to prove she was fit to get back behind the wheel, a disciplinary hearing heard.

... However the doctor, of Chelmsford, Essex, abused her position of trust and lied to one of her patients by inventing an illness and claiming she needed to take a sample of their blood. She also forged the signature of a fellow ­doctor.

You probably already know what she did with the blood.

... testers became suspicious when two samples arrived at their laboratory – one clean and one with “abnormalities”.

Doh!

Dr MacInnes, formerly of the Baddow Village Surgery in Essex, admitted acting dishonestly when she appeared before a disciplinary panel.

The punishment?

The General Medical Council panel banned her from medicine for a year “for the protection of patients, the public interest and her own interest”.

You might be thinking: "that seems reasonable. Maybe she just needs another chance." Well, it turns out she's already had another chance, and another.

She was banned after being sacked from the Tennyson House Surgery in Chelmsford in 2006 after fitting a contraceptive coil “while smelling of alcohol”.

She was also suspended for six months in 2009 after receiving her third conviction for drink-driving.

So, after all that, she can reapply in a year. Here's the source.

The Juice is thinking this might have gone down differently if the doctor had expressed interest in the drugs this pharmaceutical salesman was peddling. But he didn't. Here's how it went down, as reported by The Independent:

Pakistani authorities have arrested a doctor on suspicion of violating the country's contentious blasphemy laws after he threw away the business card of a man who shared the name of the Prophet.

Naushad Valiyani, a Muslim doctor in Hyderabad, in Sindh province, was arrested after a complaint to police alleging he had insulted the Prophet.

The case began when Muhammad Faizan, a pharmaceutical representative, gave Mr Valiyani his business card. When the doctor threw it away, Mr Faizan filed a complaint, noting that his name was the same as the Prophet's.

Here's the source.

Sadly, it's often not the case that "as ye sew, so shall ye reap." The latest case involves a Canterbury, New Zealand doctor. He began treating a 13-year-old girl, who then began babysitting his children. When the girl was 16, she was raped. Not surprisingly, the girl's mother took her to this doctor after the rape. As reported in The New Zealand Herald:

A sexual relationship developed with the doctor and lasted for about three months in 1985.

So this man preys on his patient, a 16-year-old rape victim whose mother placed her trust in him. Surely this man had his medical license revoked? Nope. After being found guilty of "disgraceful conduct," his license wasn't even suspended! And, his name will remain a secret! Here's his "punishment":

... he has been censured by the Medical Practitioners Disciplinary Tribunal which fined him the maximum $1000.

The GP was also required to be mentored by a health professional for three years and ordered to pay $62,666.86 in costs.

How could he get off with a slap on the wrist for this abominable conduct?

The tribunal in its decision said there was no evidence the doctor had behaved inappropriately before or since.

It said the "proved conduct of the charge (was) entirely out of character" and granted the doctor permanent name suppression.

The victim, Ms. A, has it exactly right:

"The argument seems to be that seeing as he got away with it for so long, he might as well get away with it forever."

May fate serve up a dose of justice for the doctor. Here's the source.

Everyone does things they regret (or should), including doctors. That's why there are a variety of sanctions available when a doctor violates the applicable code of conduct, including the permanent loss of one's medical license. Check out the actions of Dr. Gregory James Wilks (Victoria, Australia) as reported by Adelaide Now:

The Victorian Medical Board had found that in 2004, Wilks made inappropriate comments to two young women during consultations and later propositioned one of them in a text message.

Bad stuff, right? But, absent aggravating circumstances, probably not something that should be punished with a lifetime ban. How about this?

He later entered into a sexual relationship with another female patient, while the woman and her husband were consulting him about sexual issues.

Flat-out despicable. Though he should have been banned for life, he wasn't.

...[in 2007] Wilks was banned from registering in Victoria until December 17 this year [2010] ...

Not being able to work in Victoria, the good doctor sought work in South Australia. Incredibly, he was offered a job at a hospital in Cooper Pedy. So he applied for a medical license in South Australia. Displaying much better sense the the aforementioned hospital ...

The SA Medical Board refused that application, and Wilks appealed to the Supreme Court.

Dr. Wilks represented himself, but guess who helped? The woman he victimized when he was treating her and her husband! And he's still in a relationship with her! He lost, big time.

In dismissing the appeal, Justice Thomas Gray said allowing Wilks to register in SA before the Victorian ban ended would "shock the public conscience".

"There is a need to protect the public from unprofessional medical practitioners, particularly those who are indifferent to basic professional standards," Justice Gray said.

"The doctor-patient relationship is one of trust and power, and one that demands both neutrality and professionalism."

Amen. This guy is a predator. Here's hoping the authorities recognize this when his ban ends on December 17. Here's the source.

It's always a good idea to check your doctor out online before your first visit. Had some of Dr. George Korol's patients done so, they probably would have asked to see another doctor. As reported in The Edmonton Journal:

A Winnipeg doctor who previously lost his U.S. medical licence for violent criminal behaviour has been stripped of his ability to practise medicine in Manitoba ...

First question [rhetorical]: How did he ever get a license in Manitoba?

The provincial body that regulates doctors revoked Dr. George Korol's medical licence and registration at a discipline hearing on Aug. 31, according to new documents posted on the College of Physicians and Surgeons of Manitoba's website this week.

Korol was suspended in February 2009 after he was arrested on assault charges and accused of writing fake prescriptions.

A college investigation found Korol had an intimate sexual relationship with a female patient, "who was in a highly vulnerable psychological state and under financial stress."

So so low. How did he get the drugs for the vulnerable female patient?

Regulators discovered Korol wrote prescriptions for drugs in his wife's name which he gave to the female patient. He also obtained blood and cervical swabs from the patient which were submitted for testing under a different name, and prescribed antipsychotic drugs under his wife's name so he could use the drugs himself.

Korol "misled and failed to fully co-operate" with the investigation, and initially denied several of the improper activities. The investigation found Korol failed to inform the college he had been arrested and charged for domestic violence, uttering threats and possessing a weapon.

Hey college, nice background check. Way to protect your patients. Here's the source.

If these allegations prove to be true, it would be a travesty if this guy keeps his license. Here are the allegations, as reported by The Sudbury Star:

The Notice of Hearing document lists some of the allegations. Patient A was with Bonin from 2003 to 2008. During their patient-physician relationship, he allegedly engaged in "touching, fondling, and kissing Patient A's breasts and making comments of a sexual nature to Patient A."

Patient B was under his care for a year, from 2007 to 2008. During this time he is alleged to have been "making comments of a sexual nature."

What's the governing body doing about this while the charges are pending?

The College of Physicians and Surgeons of Ontario has posted the following explanation on its website:

"It is alleged that Dr. [Miguel] Bonin sexually abused two patients, and committed acts relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional."

How about all three - disgraceful, dishonourable AND unprofessional?

Until his hearing before the college's Discipline Committee, Bonin, who has been practising as a family physician since the mid-1990s and delivers babies, can only meet with his female patients in the presence of a monitor, approved by the college. This monitor is required to log all of the doctor's encounters with female patients. As well, a representative from the college can drop in unannounced at any time to inspect his office.

You can read more - a fair amount - here. And if you want to read more "doctor, doctor" posts, click here.

How does this doctor get away with just losing his license and getting fined? The conduct seems criminal to The Juice. What do you think? Per the Winnipeg Free Press:

In what college officials called "an egregious breach" of ethics in their written decision, a Beausejour doctor has been barred from practicing after having a sexual relationship with a mentally unstable patient.

David Corder treated an unnamed woman for five years in the early 1990s. During that time, the College of Physicians and Surgeons of Manitoba found Corder had questionable boundary issues with the patient, had prescribed numerous drugs and failed to properly chart her treatment.

The woman was suicidal, depressed, addicted to prescription drugs and suffered numerous mental health issues, making her particularly vulnerable, the College noted in a recent decision.

It was in 1995 and 1996 that the relationship turned sexual and exploitative.

"He victimized Ms. X," wrote the College. "He used her, abused her trust."

Think that might be a bit of an understatement?

In the same decision the college also noted Corder also had an inappropriate -- but not sexual -- relationship with a second female patient to whom he prescribed potentially addictive drugs.

You already know the punishment:

The College's discipline committee revoked Corder's registration and medical licence and demanded $20,000 in costs.

Really?

Let's just say that Canadian doctor Martin Gillen is in a class by himself - hopefully. As reported by the Ottawa Citizen:

[Gillen's boss] said [he] was upfront with him about a 2001 incident in which he was caught masturbating as a drugged female patient lay on his examining table.

Egad. Maybe he was "upfront" about the incident BECAUSE IT'S ON FILM! As a result of the incident, Dr. Gillen lost his license and ...

The former pain specialist was convicted of sexual assault and spent six months in jail for that crime. He will remain on the provincial sex offender registry until 2017.

Now he's trying to get his license back, but ...

Upon questioning, however, [Gillen's boss] learned Wednesday Gillen neglected to tell him the full extent of similar allegations that resulted in a nine-month suspension in 1989.

Doh! Regarding the 1989 incident...

Although he was found not guilty of criminal charges, a judge ruled "there was ample evidence to justify the finding of guilt by the (College's) Discipline Committee."

The hearing is continuing.

Perhaps this doctor was absent when they discussed the "doctor/patient relationship" in medical school. If the evidence that led to his "summary suspension" holds up when there is a full-blown hearing, it's goodbye "Dr. Perry," and hello "Mr. Perry." As set forth in the "Order of Suspension" issued 2 days ago by the Tennessee Board of Medical Examiners:

Evidence was presented to the Board that [Dr. Larry E. Perry, while in the examination room with a female patient, exposed his penis and urged the patient to perform oral sex on him. The patient refused to do so initially, and then offered to do so if [Dr. Perry] would increase the amount of Xanax that he was prescribing for her. [Dr. Perry] agreed to increase the patient's Xanax dosage from twice a day to three times a day and the patient then performed oral sex on [Dr. Perry].

And if that's not enough ...

Evidence was also presented that [Dr. Perry], while in the examination room with another female patient, began kissing the patient and forced her to place her hand on his erect penis. [Dr. Perry] tried to make the patient touch his penis three times and the patient repeatedly jerked her hand away.

And if that's not enough ...

Evidence was further presented that [Dr. Perry], on at least four (4) occasions, would approach female patients in the examination room by rolling close to the patient on his stool, spreading his legs, and would then rub his genitals on the patient's leg.

Based on the evidence presented ...

...the Board hereby finds that the conduct of Larry E. Perry, M.D. is so severe that it imperatively requires emergency action in order to protect the public health, safety and welfare prior to the initiation of formal disciplinary charges.

So he was suspended, effective upon his receipt of the Board's Order, which you can view by clicking here.

So, what would you do for a $16,000 Rolex watch? According to the children of retired Manteca Police lieutenant Jerry Kubena, Dr. Cleveland Enmon [formerly] of St. Joseph's Medical Center in Stockton, California, let their father die so he could take his Rolex. To read more(a LOT) and to see photos and a video, click here for the story in The Record.

Not only did this doctor have sex with his patient ... he did so in his office, weekly, and at least one of those times ... her husband was in the waiting room! Per metro.co.uk:

A doctor 'nearly fell off the couch' when a patient told him her husband was in a surgery waiting room outside while they had sex, a disciplinary panel heard.

Dr Michael Rusling indulged in regular sex sessions with the grandmother, the General Medical Council heard. Known as Patient A, the grandmother enjoyed weekly liaisons with him in a seven-month affair at the Sydenham House Group Practice in Hull in 2006-07.

Dr Rusling, of Beverley in East Yorkshire, admits inappropriate conduct and an abuse of power but denies his fitness to practise is impaired. The hearing continues.

Dude. You really don't think your fitness to practice is impaired? One has to question the judgment of a doctor who doesn't question his judgment under these circumstances.

Timothy Paul Gatschet of Wichita, Kansas was not exactly a shining example of what a doctor should be. From The Hays Daily News:

[The Kansas State Board of Healing Arts] had taken away his license in 1993 for inappropriate conduct.

In 1996, he was convicted of three felony counts of attempted enticement of a child.

The board reinstated Gatschet's license in 1998, but limited his practice to geriatrics.

And finally ... ...

Gatschet ... was sentenced Monday in Ellis County court to three years and seven months in prison. He pleaded guilty in March to criminal use of an explosive device and attempted use of an explosive device.

And what about his physician's license, which appeared to be coated with teflon?

Gatschet gave [it] up in April rather than face disciplinary proceedings by the Kansas State Board of Healing Arts.

I was starting to wonder what a doctor has to do in Kansas to lose his license for good. Here's the source.

They must really need dermatologists in Edmonton. Either that or perhaps they make it a practice to coddle offending doctors. Dr. Paul Lubitz had sex with not one, not two, not three, but FOUR of his patients. Really, should this guy be practicing medicine? [No!] He is, after serving an 18-month suspension.

And check out this comment from a website with consumer comments on health care providers [it's the 3/20/08 entry]:

I am a former staff member of Dr.Lubitz. I was terminated, along with all the other staff, when he "Fell ill". NONE of us were given our vacation pay or severance and were told we would have to sue if we wanted it! I can also tell you that he wrote the reviews on this page on 6/7/07 - the first listed one, and 6/6/07 - the positive review! I saw him do it. He is not a nice man, and always treated his staff horribly. He only cares about himself!

Zoinks!

I think it's safe to say that virtually everyone has heard the expression "doesn't know his ass from a hole in the ground." With that in mind, here's an excerpt below from a Florida disciplinary case against Dr. G.K. Dwarka Nath:

37. The pathology report for the "colonoscopy" biopsy found benign squamous mucosa ... The finding was inconsistent with tissue from the rectum or colon, but consistent with tissue from the vagina. It became clear that Respondent had scoped the vagina and not the rectum.

Incredibly, he didn't even know that the scope was inserted in the wrong place! Sadly, the disciplinary complaint also describes the case of another patient who did not receive the appropriate care, and died. And what of Dr. Nath? He was fined $10,000 and put on supervised probation! Here's a link to the Final Order with the above language. There's another action on the disciplinary board's website indicating that he was put on probation on 2/23/09, but that Order has not been posted.

Maybe I've seen too many "Nip/Tuck" commercials recently, but wouldn't you think that the plastic surgeon who specialized in breast enhancement would be the one who left his spouse and was asking for a divorce? Such was not the case with former New Hampshire doctor James Kartell. As reported by The Eagle-Tribune:

Vajda, a North Andover resident, was dating Kartell's estranged wife, Dr. Susan Kamm. She had moved in with Vajda and asked Kartell for a divorce.

Kartell had walked into Holy Family Hospital in Methuen on Feb. 23, 1999, with a loaded .38-caliber revolver and extra ammunition. Vajda was visiting Kamm, who was hospitalized with pneumonia.

The two men fought over who should leave, during which time Kartell shot Vajda in the stomach and then execution style in the head.

Kartell was convicted of manslaughter, and sentenced to 8 years in prison. He's out now and ...

He wants his license back! Really. He says he's innocent, claiming he acted in self-defense. But ...

... witnesses testified that the Andover doctor said, "Now, I'm going to get you" and shot Vajda close range.

Perhaps that's why his request to get his medical license back was rejected (he's appealing it). He's also still fighting his criminal conviction, after recently losing his third appeal. Time to find a new job, ya think? Click here to read more.

That's apparently the way Dr. Henry Kinch's mind works. Mrs. B and her husband, Mr. B, were his patients for many years. Oh, and Dr. Kinch prescribed anti-depressants to Mr. B without seeing him. I'm sure you know where this is going ...

Yes, you guessed it, Dr. Kinch (married) and Mrs. B (married 20 years, with kids) are in love and have been engaged in an affair. As reported by The Telegraph, when Mr. B confronted his wife, she said "that she was "maybe" having an affair with the doctor." Um, it's a "yes" or "no" question. Was Dr. Kinch any more forthcoming? Per Mr. B:

"He was very calm. He replied, basically, 'Me and your wife love each other. We can't help how we feel. I'm sorry but that's how we feel and we are going to live together'.

"I then said, 'How can you do this? You're breaking up my family, and my children, a 20 year marriage. You are my doctor, my wife's doctor and you will break up our marriage.'

'Do you remember how you felt when you first met your wife and fell in love?' I said, 'Yes. Of course.' He said 'That's what I have now. I can't help the way I feel.'

So, we have a doctor sneaking around committing adultery, with a patient, who is also an employee, and improperly prescribing drugs to her husband [also a patient] and everything is just peachy keen. Have you no shame sir? [rhetorical question, of course]. Dr. Kinch's dirty laundry is now being aired at a disciplinary hearing before the General Medical Counsel. Here's hoping they are harder on him than he is on himself. To read more, click here.