By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
A Lake Worth, Florida, doctor accused of “punishment therapy” that included the use of whips, blindfolds, handcuffs and other instruments of torture could have his license revoked by the Florida Board of Osteopathic Medicine. At the meeting on November 15, 2013, the Board rejected a settlement that the Florida Department of Health (DOH) had negotiated with the doctor’s attorney. The settlement option included a $10,000 fine and two (2) years of probation. The doctor was not arrested or charged with a crime, but admitted to having an unusual and sexual relationship with his patient.
By rejecting the proposed settlement, the Board indicated that it was not satisfied with the agreed upon discipline. Instead , the Board stated that it wanted a revocation of the physician’s license.
The Florida DOH filed an administrative complaint against the doctor in July 2013, alleging inappropriate sexual conduct with a patient.
Click here to read the complete administrative complaint made against the physician.
According to the doctor’s attorney, it appears the case will head to an administrative hearing.
Punishment Therapy Allegedly Used to Help Patient’s Depression.
According to the Sun Sentinel, the doctor’s relationship with his patient was first reported in 2011. The patient told investigators that the doctor allegedly used “punishment therapy” on her to help her remedy depression. She reportedly told detectives she did not like the “therapy” which would usually take place in the doctor’s office after normal business hours. The patient claims she was repeatedly choked, whipped and tied up in a closet, according to the Sun Sentinel. The patient also alleges she never paid money for these sessions, but the doctor would give her free samples of medication.
The doctor alleges that he and his patient had a consensual sexual relationship that began after she was no longer a patient. However, according to the Sun Sentinel, investigators found evidence that the doctor prescribed medicine to the patient while they were in engaging in the “torture therapy” sessions.
Click here to read the Sun Sentinel article.
What Florida Law Says About Sexual Relationships Between Health Care Providers and Patients.
Sexual misconduct in the practice of health care is considered to be a violation of the doctor-patient relationship. This violation is grounds for discipline. The Board takes it seriously and can impose discipline up to and including revocation.
Florida law bans doctors and other health care providers from turning their patients into sexual partners because it is considered an abuse of power. Also, patients are presumed to be incapable of giving consent to a relationship with a health care provider.
To watch a short video on why a patient cannot consent to a sexual relationship with a health care provider, click here.
Don’t Wait Too Late; Consult with an Experienced Health Law Attorney.
Do not wait until action has been taken against you to consult with an experienced attorney in these matters. Few cases are won on appeal. It is much easier to win your case when there is proper time to prepare and you have requested a formal hearing so that you may actually dispute the facts being alleged against you.
The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing physicians in investigations and at Board of Medicine and Board of Osteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations. Call now or visit our website www.TheHealthLawFirm.com.
Comments?
Do you think this physician should have his license revoked? Do you think the settlement agreement would have been a sufficient punishment? Please leave any thoughtful comments below.
Sources:
Gentry, Carol. “Doctor Accused of Torturing Patient.” Health News Florida. (November 15, 2013). From: http://health.wusf.usf.edu/post/doctor-accused-torturing-patient
Department of Health v. David Simon, D.O. Case Number 2012-00680. Administrative Complaint. July 11, 2013. From: http://ww2.doh.state.fl.us/DocServiceMngr/displayDocument.aspx
Clarkson, Brett. “Doctor Used Whips, Choked Female Patient in ‘Punishment Therapy,’ Deputies Say.” Sun Sentinel. (November 20, 2013). From: http://www.sun-sentinel.com/news/palm-beach/fl-lake-worth-kinky-doctor-20131120,0,3297599.story
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.
“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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