Mistrial II

There is a surprising amount of information about the charges against the doctor from my program who recently survived his criminal trial end due to a hung jury. The accusations are galling, and although there were 3 women listed as accusers in the trial, there are numerous others in the initial filing. You can read about it here, if you’re interested.

And why would you – loyal and growing nation of secretwave101 readers – be interested? Who would want to read stuff like this? Well…think about the astounding number of really serious allegations that can be leveled at a doctor and yet still not be enough to lead to a conviction in criminal court. And just how valuable is it to file a report if it merely leads to this? I imagine it takes some courage for a woman who has been sexually assaulted to come forward and make a claim. They have to relive the experience, endure ridicule and skepticism. They may have to appear in court and be subjected to character-withering cross examination by the defense. All of these women (I think there were complaints from woman “A” through “I”) did what they should have done and yet it ended in a mistrial.

sarlacc.jpgAnother wrinkle is that his license is suspended for a catastrophically bone-headed medical error in addition to the sexual allegations. The guy dropped a lung doing a trigger-point injection…a type of injection that shouldn’t go in more than a few millimeters. His response to the error is even more bizarro. His license is suspended as much for the error as it is for the allegations of groping and frotteurism.

The failed trial was only for criminal charges and whether or not he should go to jail. But he isn’t anywhere near being off the hook. He now is open to civil trials and…lawsuits. The standard of proof in these trials is MUCH lower and I shudder to think what awaits him now. He’s headed toward the Sarlacc Pit of the legal system (*ahem* please pardon the Star Wars reference. People who fall into this pit are kept alive for 1000 years and are slowly digested over that time). Although he avoided jail time (unless the D.A. decides to re-file charges), his life is still a mess.

5 thoughts on “Mistrial II

  1. Anonymous

    did you know this particular individual during your residency training? were there any signs of inappropriate behavior? by the way it is entirely impractical to be chaperoned during every exam, unless you are doing a pelvic or breast examination.

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  2. secretwave101

    I have never met him. A few people who knew him have said he seemed “weird”, but that could mean anything. I’ve certainly been called that. Few people I’ve asked say he seemed like that kind of person.

    Agreed about chaperones. We used them for pelvic and breast exams, and any other time it seems prudent or for help with a procedure. See today’s blog on this topic: https://secretwave101.wordpress.com/2008/02/25/chaperone-thatll-fix-it/.

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