California Professional License Defense Blog

Los Angeles Physician Charged with Sexual Battery

Mon, 25 Mar 2013 19:18:52 -0800

Dr. Pez Abrahams, a physician in Los Angeles was arrested on charges of committing a sexual battery on a patient. The patient was being examined pursuant for federal immigration purposes when the alleged sexual assault by the physician occurred. Dr. Abrahams is being criminally charged with two felony counts of sexual battery. Should he be convicted, Dr. Abrahams will be required to register pursuant to Penal Code 290 or what is commonly called "sex registration." The California Medical Board does not allow physicians who have sexual registration status to practice medicine.

This firm has handled many sexual battery by physician cases over the years. Our lawyers have particular experience as former sex crimes prosecutors to manage both the most complicated criminal cases as well as California Medical Board investigation and charges. Should you need to consult with our office about your case, please call our office for a free consultation.

Orange County Anesthesiologist Sentenced for Sexual Assault on Patients

Thu, 21 Feb 2013 07:30:01 -0800

Orange County anesthesiologist, Dr. Yashwant Giri, 60 was sentenced to six months in jail and ordered to register as a sex offender after pleading guilty to sexually assaulting multiple patients while they were unconscious in a Placentia hospital.

Giri, an anesthesiologist at Placentia-Linda Hospital pleaded guilty to sexual battery, sexual penetration on an unconscious victim, sexual penetration by a foreign object and touching an intimate part of another person between February 1, 2009 to March 18, 2011.

Orange County Superior Court Judge Robert Fitzgerald sentenced Giri to jail rather than prison over the district attorney's objection. Giri will have to register as a sex offender for the rest of his life and will lose his California medical license.

California physicians who are accused of sexual assault are in serious jeopardy of losing their California medical license. Specifically, a California medical license will be revoked upon the conviction of any criminal offense that requires the physician to register as a sex offender in California. If you are under investigation or pending criminal charges for sexual assault crimes, call our office today for a consultation with a certified criminal law specialist who practices administrative law.

Domestic Violence and California Physicians

Sat, 24 Nov 2012 08:11:51 -0800

Our criminal defense law firm, we will track your arrest with the district attorney's office AND negotiate with the district attorneys office for a rejection of your case or a reduction of charges FREE OF CHARGE. This way, you do not spend money on an attorney when there is no need to. Call us today for a FREE consultation.

Our firm receives many calls from people who are licensed in California who have been arrested for domestic violence. Keep in mind, even though you have been arrested, the District Attorney's Office has to review the police reports to determine whether or not they could get a conviction beyond a reasonable doubt. What this means is, many people who are arrested for domestic violence in Orange County, Los Angeles County, San Bernardino County, Riverside County or San Diego County will never charged with a crime.

The next question is if there was an arrest and a notice to appear in court, then why won't charges be filed. Because deputy district attorneys will reject cases when there are no injuries, when there was "mutual combat," when the report contains "he said, she said" or when the contact was so minor that prosecution would not be warranted.

So, if you are not interested in taking advantage of the FREE LEGAL SERVICES of a certified criminal law specialist, former deputy district attorneys, over 20 years of combined experience and experienced medical board attorneys, you have two basic options.

First, you can appear on the date you were ordered to appear and see if charges were filed. If so, you can ask the judge for a public defender if you cannot afford an attorney or you can ask the judge for time to hire a private criminal defense attorney.

Second, you can hire a private criminal lawyer before filing of a criminal complaint. This will allow an attorney to try and meet with the DA prior to filing a case to provide exculpatory evidence on your behalf. Ultimately, deputy district attorney will reject the case, file a misdemeanor instead of a felony or simply file the case as they see fit. All for a fee paid up front to an attorney, who may not even be able to help you at all at this stage.

The above information is crucial for those who who hold a medical license. If you hold a California medical license, you have been live scanned and have a fingerprint on file with the California Department of Justice. Thus, when your fingerprints are put into the computer system, the arrest information is sent to the California Medical Board.

In cases dealing with professional licenses, it is essential to contact our firm because we have the expertise and experience to attempt to mitigate your damages at an early stage, hopefully preventing any administrative action by the medical board. Even if we are successful getting the district attorney to reject a case, the CMB can and do conduct their own independent investigation and may be able to discipline you regardless of what happens in criminal court.

California Medical Board Sunset Report Shows Increase in Physician Discipline

Sun, 11 Nov 2012 08:03:38 -0800

On November1, 2012, the California Medical Board Sunset Review Report shows an increase in physician discipline in the following areas between 2007-2012:

47% more cases were referred to the Attorney General's Office,
74% more probation violations cases referred to the Attorney General's Office,
49% more license restrictions/suspensions were imposed while administrative action was pending,
203% more cases were referred for criminal action,
35% more revocations were issued,
25% more cases resulting in probation were issued, and
26$ more disciplinary actions were issued

It is worth noting the major increase in prosecution occurred at a time when budget cuts and furloughs were deeply felt by many divisions of the California Medical Board and Attorney General's Office.

Because the California Medical Board is aggressive in searching out and disciplining California physicians, it is important for California physicians to be equally aggressive in fighting back. Do not speak to a California Medical Board investigator without consulting with an attorney who defends physicians against medical board accusations. Do not provide documents to the California Medical Board investigator until you consult with a California Medical Board attorney. Doing so could save you from the embarrassment and humiliation of appearing in the "hot sheet" as a disciplined California Physician.

Our office has been successful in defending California physicians before the California Medical Board. We have been successful in defending California physicians in criminal court, state and federal. Call our office for a free consultation if you have been contacted by the California Medical Board or other law enforcement agency.

Fake Dentist Pleads Guilty in Orange County

Fri, 09 Nov 2012 08:12:18 -0800

Esteban Campos, 47 of Buena Park has pleaded guilty to a felony county of possession for distribution of a controlled substance, obtaining a public benefit aid by misrepresentation over $400, one misdemeanor count of practicing dentistry without a valid license. He was sentenced to 30 days in jail and 5 years of probation. Campos was also ordered to pay restitution, fines and prevented from working in the dental field.

Campos was a registered dental assistant until his license expired in 2007. He was practicing at Steven's Dental Lab in Buena Park, telling patients he was a dentist. He performed dental exams, gave diagnoses and recommended oral surgery and braces. Department of Consumer affairs received a complaint which opened an investigation into Campos. During an undercover operation, Campos represented himself to investigators as a dentist.

Fri, 02 Nov 2012 08:49:51 -0800

Pilchman & Kay, PLC has successfully defended a pharmacist against any criminal charges being filed for prescription drug abuse. Client was being investigated by multiple state and federal agencies regarding engaging in the dispensing of large quantities of pain meds. After retaining our firm, we reached out to the local law enforcement agencies and was successful in not having any criminal charges filed.

If you are a California physician who is being investigated for prescription drug abuse contact our office so we can help you avoid criminal prosecution and licensing board sanctions.

Pilchman & Kay, Successful Defends Physician Domestic Violence Arrest

Wed, 03 Oct 2012 09:23:25 -0800

California physicians like anybody else can be accused of domestic violence. The California Medical Board, will take action on licensees who are either arrested or convicted of domestic violence. The best way to defend against domestic violence allegations is to hire an attorney that has experience both in criminal court and before the California Medical Board. Our attorneys have been extremely successful in resolving domestic violence cases before they ever become a criminal filing. If you are a medical professional and have been accused of domestic violence, you should contact our office for a free consultation.

Penal Code Section 273.4 or 243(e)(1) are common domestic violence charges filed against physicians. One being a felony (PC 273.5) and the other being a misdemeanor (243 (e)(1)). The consequences of either section can involve a temporary to permanent restraining order, 52 week batter's treatment program, jail time and other standard terms and conditions. These consequences are strictly for the criminal case. If you are a licensee of the California Medical Board, you can in addition to the above mentioned consequences, find yourself losing your ability to practice medicine.

What California physicians do not know is that should you fail to successfully defend against domestic violence allegations, your name could be forwarded to the National Practioner Data Bank. If this happens, all insurance companies could drop you from their plans. Without insurance, many would not be able to practice medicine.

Do not put your California medical license in jeopardy, contact our office and our attorneys will aggressively defend any domestic violence accusation and protect our license at the same time.

Doctor Accused in Overdose Deaths Pleads Not Guilt

Fri, 28 Sep 2012 15:50:27 -0800

Dr. Hsiu-Ying "Lisa" Tseng, 42, of Rowland Heights pleaded not guilty to three counts of second-degree murder in the deaths of three young men in California. Tseng, is accused of prescribing narcotics and other addictive drugs in a reckless manner to the men over a period of time.

A judge found there was enough evidence to proceed to trial after a three week preliminary hearing. Tseng, has new attorneys on her defense team, defending against LA County's first prosecution of a physician for murder in a prescription drug. Prosecutors face challenges in that the victims all sought out prescription drugs for apparent medical issues.

Tseng, is being held in custody on $3 million bail.

Doctor Convicted of Multiple Charges of DUI Keeps Medical License

Thu, 20 Sep 2012 07:44:30 -0800

Dr. Douglas Schaller of Tustin agreed to a settlement with the California Medical Board after being convicted of two DUI's in the past year and a half. Dr. Schaller was initially arrested by Laguna Beach Police Department in February 2011 while traveling on Highway 133. Motorists witnessed Shaller driving very slowly and swerving into the bike lane. LBPD officers initiated a traffic stop of Schaller and found prescription pill bottles containing controlled substances. Officers observed Shaller for a period of time and determined he was impaired for purposes of driving. A blood test showed Shaller had Hydroxyalprazolam and Alprazolam in his system. He plead guilty to a DUI in September 2011.

In November of 2011, Schaller was again arrested for suspicion of DUI and being under the influence of a controlled substance. In March 2012, he again pleaded guilty to a DUI and Health and Safety Code Section 11550(a), Under the Influence of a Controlled Substance.

As part of his stipulation with the Medical Board, Dr. Schaller is placed on probation for a period of 5 years, actual suspension from the practice of medicine for 60 days, partial restriction of his DEA license and other terms and conditions.

Physicians, like anybody can fall victim to substance abuse issues. The California Medical Board does not have funding to offer their diversion program anymore so many physicians with substance abuse issues fail to get the help they need. It usually isn't until they commit a criminal offense does the medical board find out about the substance abuse issue. If you or a loved one holds a California Medical License and suffers from addiction issues, it is important to seek help immediately. Our attorneys are familiar with many recovery programs that can help steer you in the right direction.

If on the other hand, you have already been arrested for a criminal offense, please call our office to speak to one of our attorneys. Our attorneys are former prosecutors who are intimately familiar with the criminal justice system and the players involved. In fact, our attorneys specialize in handling cases for physicians in criminal court and before the medical board.

California Medical Board License Alert- 9/7/12

Fri, 14 Sep 2012 08:04:38 -0800

Effective September 7, 2012, at 5 p.m., the license of ROBERT MICHAEL BITER, M.D. (A 77870), with an address of record in Encinitas, CA, was placed on seven years’ probation, with an actual suspension of 60 days from September 8, 2012 through November 6, 2012. Dr. Biter is prohibited from supervising physician assistants and from engaging in the practice of solo medicine.

Effective September 7, 2012, at 5 p.m., the license of JAMES WILLIAM BRODE, M.D. (G 27817), with an address of record in Sacramento, CA, was placed on three years’ probation and is prohibited from supervising physician assistants.

Effective September 7, 2012, at 5 p.m., the license of BERNARD DEBERRY, M.D. (A 29701), with an address of record in Irvine, CA, was issued a Public Reprimand.

Effective September 7, 2012, at 5 p.m., the license of RODRIGO DE ZUBIRIA, M.D. (A 70728), with an address of record in Atwater, CA, was placed on five years’ probation, with an actual suspension of 60 days from September 8, 2012 through November 6, 2012. Dr. De Zubiria is prohibited from supervising physician assistants and must have a third party chaperone present while consulting, examining, or treating female patients.

Effective September 7, 2012, at 5 p.m., the license of JOEL JOSELEVITZ (A 50950), with an address of record in Houston, TX, was surrendered.

Effective September 7, 2012, at 5 p.m., the license of ELMER REYMOND SYMONETT, M.D. (A 50238), with an address of record in Colton, CA, was placed on three years’ probation and is prohibited from supervising physician assistants, nurse practitioners, or any mid-level providers.

Local News Sought Legal Opinion of Pilchman & Kay for California Phyician Suspension

Fri, 07 Sep 2012 07:59:32 -0800

San Diego County Physician Suspended by the California Medical Board. Dr. Biter, a popular obstetrician was suspended by the medical board but will it end his career? This is what the North County Times wanted to know. Click on story below.

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Physician Burnout Article

Sat, 25 Aug 2012 14:51:37 -0800

Interesting article in the NY Times regarding physician burnout and unprofessional conduct.
http://well.blogs.nytimes.com/2012/08/23/the-widespread-problem-of-doctor-burnout/?smid=li-share

Pilchman & Kay, Restore Physician's Ability to Practice

Fri, 24 Aug 2012 07:18:20 -0800

A PK client was ordered not to practice medicine pursuant to a PC 23 order. A PC 23 order is an order limiting or restricting a physician's ability to practice and is typically filed when a physician has been accused of a criminal act. The criminal case filing allows the judge in the criminal case to take action without the need for the case to be heard by an administrative law judge.

PK was retained on behalf of a client who was pending multiple criminal counts. Prior to being retained, the superior court judge issued a PC 23 order at the request of the California Medical Board. This restriction forbid the physician from practicing any medicine. Once retained, we filed a modification of PC 23 order that restored our client's ability to practice medicine.

If you are a California physician who is charged with a criminal complaint and subject to a PC 23 order, call our office for a consultation so we can get you back to work.

Orange County Hospital Group to Pay $16.5 Million Fine

Fri, 24 Aug 2012 07:17:26 -0800

Pacific Health Corp., the owner of Anaheim General Hospital and Newport Specialty Hospital agreed to pay a civil settlement in the amount of $16.5 million for recruiting homeless people on skid row in Los Angeles for unnecessary medical procedures.

Prosecutors alleged that Pacific Health paid more than $2 million in kickbacks from 2003-2008 to recruiter who were responsible for bringing the hospital the patients. Between Medicare and Medi-Cal $16 million was paid to Pacific Health Corp.

Prosecutors also say Pacific Health is being criminally charged, however, if they abide by the terms of the settlement, the charges will be dropped in six years.

Orange County Nurses Assistant Arrested for Molestation

Wed, 18 Jul 2012 06:44:01 -0800

Alejandro Arias, 39, of Cypress was arrested and charged with assaulting women in 2008 who were recovering from surgery. Arias worked at Anaheim Terrace Care Center is charged with 15 felony counts including forcible lewd acts and sexual battery. Arias is now in trial and if convicted, he faces 51 years in prison and lifetime sex offender registration.

According to prosecutors, Arias specifically picked his victims, looking for those who would seem less credible if they were to complain. The victims were recovering from surgery and not in a position to resist or deflect the sexual touching. Arias defense attorney argued the victims lacked credibility and or the encounters were consensual.

No word yet on if there is a verdict.