California MD Gets Slap on the Hand for Patient Sexual Assaults

Dr Yashwant B Giri

Dr Yashwant B Giri

In Orange County California Superior Court a physician has changed his not guilty plea to guilty, to the charges of sexually assaulting three female patients while under sedation.

Doctor Yaswant Balgiri Giri, a 60-year-old  anesthesiologist at Placentia-Linda Hospital, pleaded guilty to the following:

  • Felony Sexual Assault on a patient
  • Felony Sexual Penetration with a foreign object on an unconscious person
  • Sexual Penetration of a minor girl
  • Sexual Battery by Fraud
  • Misdemeanor Sexual Assault on an adult woman

The district attorney’s office in Orange County reported that the first sexual assault was witnessed by a surgical nurse. According to court records, the nurse later reported the incident to hospital management, who in turn apparently did not report the incident to law enforcement.

Dr Boston Globe Page

Allowing healthcare to ‘police’ itself is ridiculous

In a separate incident, another hospital staff member interviewed by detectives testified that he once looked in on a surgery to see Giri groping a woman’s breasts beneath a surgical drape, which prevented other staff members in the room from seeing what he was doing. This resulted in a second report to Placentia-Linda Hospital management, who then did notify the Placentia Police Department.

Another woman, age 28, told investigators that Giri sexually assaulted her just prior to her surgery at Placentia-Linda Hospital in April, 2010.

As an anesthesiologist who worked primarily at Placentia-Linda Hospital, Giri also worked at other medical facilities in the area, including Anaheim Medical Center; West Anaheim Medical Center, and Lakewood Medical Center. 

For their failure to report Giri’s first incident to law enforcement, Placentia-Linda Hospital was fined $50,000 by the California Public Health Department.

For sexually assaulting three surgical patients, Giri MD was ordered to serve six months in jail.

Deputy D. A. Cynthia Nichols objected to the bizarre light sentence. She argued that the doctor’s behavior merited the maximum sentence of eight years in state prison. She stated that Giri violated his position of power and sexually assaulted patients while they were unconscious and at their most vulnerable.

Note how hidden an anesthesiologist can be, from the standpoint of the surgeon and nurses

Note how hidden an anesthesiologist can be, from the standpoint of the surgeon and nurses

Because of Giri MDs repeated history, those with  information, or who think they may have been a victim, are encouraged to call D.A. Investigator Lou Gutierrez:  (714) 347-8794.

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In keeping with our definition of “Third World Assassin” this particular medical miscreant graduated from M P Shah Medical College, Saurashtra University in India, in 1977. He immigrated and was welcomed to the U.S. to provide health care to the citizenry. As so many thousands of other, Giri found American healthcare provided a perfect cover for his perversions. We suspect this character had been groping unconcious patients for years – women who have no idea they were violated.

http://www.sacbee.com/2013/02/20/5205220/oc-doc-guilty-of-sex-abuse-on.html

You’d Think They’d Learn: Another Drug Dealer Goes Down

Dr Linda Sue Cheek

Dr Linda Sue Cheek

In a Roanoke, Virginia federal court a New River Valley pain-management physician has been found guilty of illegally prescribing drugs.

The jury convicted Doctor Linda Sue Cheek, age 63, on 172 separate crimes on Thursday. She was arrested and then indicted last year for  prescribing the drugs from her Dublin clinic with no valid Drug Enforcement Administration permission number; as well as illegally using a DEA number belonging to another doctor.

Court records reveal that the prosecutors proved Cheek was distributing numerous pain medications – primarily morphine, hydrocodone, oxycodone and methadone – without a valid DEA certificate.

Cheek lost her license as the result of her convictions of Medicare fraud in 2008. She regained her medical license to treat patients, but was not legally allowed to prescribe narcotics. She continued to do so anyway.

Cheek told the court that the Virginia State Medical Board’s revocation of her medical license was,  “part of a broader government effort to prevent me from helping people in need.”

She is scheduled to be sentenced in June.

(We thank those who conducted this joint effort of the DEA; the Department of Health & Human Services; the Virginia State Police; the Office of the Attorney General, Commonwealth of Virginia and the Medicaid Fraud Control Unit. Assistant U. S. Attorney Jennie Waering and Special Assistant U. S. Attorney Vaso T. Doubles prosecuted the case.)

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Our Observations:

The following quotes were taken from this doctor’s own website:

“I’m not a bad doctor. I’m a good doctor. The basic thing is I have a target on my back because I treat pain.”

No, actually, you got a target on your back when you decided to steal from a federal insurance provider. Big mistake.

And then there’s this:

“Treating doctors like they are Colombian drug lords has got to stop.”

When doctors stop acting like “drug lords” these investigations won’t be necessary.

Until then, we’re watching your ever step.

http://www.justice.gov/usao/vaw/news/2012/cheek_indictment.pdf

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Drug-Dealer MD in Georgia Denied Appeal: Will Stay in Prison

Dr Spurgeon Green

Dr Spurgeon Green

In Houston County, Georgia a U.S. Circuit Court of Appeals has upheld both the conviction and sentence of a physician found guilty in a November, 2008 prescription drug abuse case.

Doctor Spurgeon Green, age 74, had been convicted in a jury trial on nearly four dozen felonies, including wrongfully prescribing narcotics and writing false dates on patient prescriptions. According to court documents, federal prosecutors described Green’s medical office as a “pill mill.”

Spurgeon was sentenced to 30 years in federal penitentiary.

Do you suppose of Michael Jackson came back, he'd hire another drug-dealing doctor?

Suppose if Michael Jackson came back, he’d hire another drug-dealing doctor?

One count of the appeal challenged the length of his prison term, which in reality was a life sentence for Green, because of his age.

The appellate court ruled that imposing a 30-year sentence was reasonable, and reiterated that under federal drug-dealing guidelines, the sentence could have been 40 years.

“The district court did not abuse its discretion when it sentenced Green to 30 years of imprisonment,” the ruling stated.

Investigators discovered that Spurgeon’s clinic routinely dispensed “narcotic cocktails” – Oxycodone and other scheduled-2 drugs to any “patient” who could pay cash.

G.F. “Pete” Peterman, Acting U. S. Attorney, stated that the volume of narcotics dispensed by Green was “10 times higher than the national doctor average.”

Attorney Laura Hogue, who represents Green, stated that she would appeal on at least two other grounds, and take the case to the U.S. Supreme Court if necessary.
 
Following his sentencing, Spurgeon Green told news reporters, “Now I know how Jesus felt.”
 
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Observations:
 
A drug-dealer comparing himself to Jesus of Nazareth.
 
 
Perhaps nothing better underscores the monstrously imbalanced mindset of drug-pushing physicians, than the fact that they would actually compare themselves to the leading figure of Christianity.
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Dollars for Doctors: The Drug-Money Juggernaut

Welcome to Pill Head nation

Welcome to Pill Head nation

The Ohio medical board concluded that pain physician William D. Leak had performed “unnecessary” nerve tests on 20 patients and subjected some to “an excessive number of invasive procedures,” including injections of agents that destroy nerve tissue.

Yet the finding, posted on the board’s public website, did not prevent Eli Lilly from using him as a promotional speaker. They paid him $85,450.

In 2001, the U.S. FDA ordered Pennsylvania doctor James I. McMillen to stop “false or misleading” promotions of the painkiller Celebrex, saying he minimized risks and touted it for unapproved uses.

Still, three leading drug makers paid him $224,163 over 18 months to lecture other physicians about their drugs.

In Georgia, a hospital decided to kick Doctor Donald Ray Taylor off its staff. The anesthesiologist had admitted giving young female patients rectal and vaginal exams without documenting why. He’d also been accused of exposing women’s breasts during medical procedures. When confronted by a hospital official, Taylor said, “Maybe I’m a pervert. I honestly don’t know.”

None of that matters to Cephalon Pharmaceutical. They paid Taylor $194,050 in less than two years to lure doctors into prescribing their drugs.

Doctors Leak, McMillen and Taylor are part of the drug industry’s white-coat sales force – doctors paid to promote brand-name drugs to other doctors — and if they’re convincing enough, get even more physicians to prescribe them.

Drug companies say they hire the most-respected doctors in their fields to teach other doctors about the benefits and risks of their drugs.

But an investigation by ProPublica uncovered hundreds of physicians on company payrolls had been accused of professional misconduct; disciplined by state boards; or lacked credentials.

ProPublica created a comprehensive database that represents the most accessible accounting yet of payments to doctors. The database covers $257.8 million in payouts over a two-year period for speaking, consulting and other duties. In addition to Lilly and Cephalon, the companies include AstraZeneca, GlaxoSmithKline, Johnson & Johnson, Merck & Co. and Pfizer.

The investigation revealed discipline against more than 250 doctors, including some of the highest paid. The misconduct included inappropriately prescribing drugs; providing poor care; having sex with patients. Some doctors had even lost their licenses.

More than 40 have received FDA warnings for research misconduct; have lost hospital privileges or been convicted of crimes. Considerably more misbehavior is suspected, but not yet revealed publicly.

In fact, five of the seven largest dug companies acknowledged they don’t check for doctor misbehavior before hiring them. Instead, they rely on self-reporting. Only Johnson & Johnson and Cephalon said they did do some level of background checks.

ProPublica found 88 Lilly speakers who have been sanctioned and four more who had received FDA warnings. Reporters asked Lilly about several of those, including Leak and McMillen. A spokesman said the company was unaware of the cases and is now investigating them.

“They are representatives of our company,” said Dr. Jack Harris, vice president of Lilly’s U.S. medical division. “It would be very concerning that one of our speakers was someone who had these other things going on.”

For the pharmaceutical companies, one effective speaker may not only teach dozens of doctors how to better recognize a condition, but sell them on a drug to treat it. The success of one drug can mean hundreds of millions in profits, or more. Last year, prescription drugs sales in the United States topped $300 billion, according to IMS Health, a healthcare information and consulting company.

Pharma companies like to say physician salesmen are chosen for their expertise. Glaxo, for example, says it selects “highly qualified experts in their field.”

But ProPublica found some top speakers are experts only because the drug companies say they are.

“It’s like American Idol,” said sociologist Susan Chimonas, who studies doctor-pharma relationships at the Institute on Medicine as a Profession in New York.

“Nobody has heard of you before. Then, after you’ve been around the country speaking 100 times, people know your name and think, ‘This guy’s important.’ It creates an opinion leader who isn’t necessarily an expert.”

Las Vegas endocrinologist Firhaad Ismail, is an excellent example. He is the top earner in the database, making $303,558.  His lecture brochures list him as “Chief of Endocrinology” at a Las Vegas hospital.

Research reveals he is not a department chief of any hospital anywhere.

“Without question the public should care at this,” said Dr. Joseph Ross, an assistant professor of medicine at Yale School of Medicine, who has written about the drug industry’s influence on physicians. “You would never want your kid learning from a bad teacher. Why would you want your doctor learning from a bad doctor?”

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We sincerely thank ProPublica staff Charles Ornstein, Tracy Weber and Dan Nguyen, as well as Director of Research Lisa Schwartz and researcher Nicholas Kusnetz. Their terrific investigative reporting can be regularly found at:

http://www.propublica.org/investigations/

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Texas Medical Board Blasted for Doctor Discipline Failures

Dr Sidney Wolfe

Doctor discipline advocate Sidney Wolfe, MD

According to Public Citizen’s Health Research Group, the Texas State Medical Board has failed to properly discipline more than 450 doctors, responsible for serious violations over two-decades.

Using information from the National  Practitioner Data Bank, Public Citizen found that Texas  healthcare facilities imposed clinical-privilege sanctions against 793  physicians between September, 1990 and December, 2011.  Yet 58% of them were never disciplined by the state medical board as they should have been.

Public Citizen further reports that 459  doctors were responsible for 641 clinical action reports, resulting in  144 punitive peer-review actions.

Legal actions against 216 of these doctors resulted in 473 malpractice payouts, and one physician in the group was  responsible for 22 malpractice payouts by himself, according to the report.

Dr State Discipline Graph

In a letter  to Texas Gov. Rick Perry (PDF), Dr. Irvin Zeitler of the Texas Medical Board  noted that between 2005 and 2009, 147 physicians have had a clinical privilege report, but only 60 of the cases had been reported to the board.

In a separate letter to  Perry (PDF), by  Sidney Wolfe, MD, Director of Public Citizen Health  Research Group, wrote that the Board also faces a backlog of work caused by  staff shortages. While medical board operations are traditionally funded by doctor license fees, Wolfe noted that the Texas Board functions on a mere one-third of the $60 million these fees bring in over a two-year period.

(We thank Andis Robeznieks for his excellent health-related reporting. His articles can be seen regularly in Modern Physician web magazine.)

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37th MD in Last 12 Months Convicted in Child Porn Case

Dr Bruce Jacobson

Dr Bruce Jacobson

A Northwoods, Wisconsin surgeon has been found guilty of possessing child pornography, in Oneida County Circuit Court this week. Doctor Bruce Jacobson, age 52, was sentenced to 90 days in county jail; three years supervised probation; 240 hours of community service, and may not access the internet, as ordered by Judge Conrad Richards.

According to court records, Jacobson was taken into custody by the Oneida County Sheriff’s Department after his personal computer files had been reviewed by investigators. Jacobson’s IP address had already been flagged by U.S. Department of Justice agents, when they discovered that his internet communications indicated he was offering to participate in child porn distribution.

NO to Child Porn pic

Investigators revealed that internet service and billing addresses for child pornography accounts were traced to Jacobson’s residence. And when a DOJ agent requested child pornography from Jacobson’s IP address, he received multiple files of young males involved in graphically sexual conduct.

Jacobson resigned his position as a surgeon with the Ministry Medical Group in the city of Rhinelander after his arrest in December, 2011.

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Observation:

In his original statements to police, Jacobson said that he used the nude images of children as a lecture tool, when he taught the “Tanner Method” of age determination at training seminars. He said the Tanner Method was routinely used by medical personnel for sports physicals to determine the muscle strength of the child patient.

Yes, he really did say that.

Needless to say, the cops didn’t buy that bizarre explanation. As medical professionals, we are very familiar with  Tanner’s system, and child sexual intercourse is not even remotely included in the algorithm.

Bruce Jacobson graduated from Yale School of Medicine in 1986.

http://medicallicenseverification.com/tag/child-pornography/

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10 Things Nurses Could Tell Their Patients . . . But Don’t

In our decades of research – both before and after the seminal book, “America’s Dumbest Doctors” – we leaned heavily on the guidance and opinions of nurses nationwide. After all, it is this cadre of medical pros who function in the trenches of health care reality, and what they know could educate an entire society . . . if only we would listen:

Shh Hospital Haz to Hlth wrist tag

10.  TV Medical Shows – You watch them for drama – we see them as comedies. 90% of the medical heroics on screen are performed by nurses – not doctors.

9.   Stop Whining – We already know that the noisiest patients are the least serious. It’s the quiet ones we worry about.

"Health Care Reform plan: Don't ask, don't tell."

“Health Care Reform plan: Don’t ask, don’t tell.”

8.   Questioning My Experience – Don’t ask if we’ve ever done the procedure before. Our answer will always be yes, even if we haven’t.

7.   Saving You From a Bad Doctor – We do everything we can to correct physicians’ mistakes – but only after they leave the room. In their presence, your safety comes second to our continued employment. You heard it here first.

Shhh Teamwork graph

6.   Drugs, Drugs, Drugs – Don’t talk to us  while we’re drawing up your IV meds. That’s not the time to be social. Med errors kill 250 of you people everyday. Really.

5.   Residents Running Amok – Whatever you do, stay the hell away from a teaching hospital in July. That’s when the newbie-docs show up, and they are seriously clueless.

Our leading causes of death isn't exactly a secret

Our leading cause of death isn’t exactly a secret. H.C. kills 400 people a day

4.   Who’s Grubbier Than a 3rd-Grader?  –  The cooties leaping off your doctor’s hands, lab coat and stethoscope could kill kittens on a lawn. We don’t even wear our work shoes in our own houses.

3.   CPR is Soooo Overrated – We honestly cringe at the thought of breaking your ribs if and when your heart stops beating. Especially because we already know it won’t save you  anyway.

2.   Stayin’ Alive –  Our job is to keep your doctor from killing you.  Trust us: with some of these arrogant twits, you’d be safer in a foxhole in Afghanistan, because,

1. You’re in the Danger Zone Now – No matter how much we like you, we’ll never tell you your doctor is incompetent. The best you’ll get from us is, “You’re entitled to a second opinion.” That’s nurse-speak for, “Watch out. This one watches looney tunes at breakfast.”

 

Which is why our favorite people on earth are nurses.

Stay safe out there.

http://www.thedailybeast.com/newsweek/2012/09/16/are-hospitals-less-safe-than-we-think.html

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