Articles: Contractors License Law - Medical Practice Act - Disciplinary Actions - Malpractice Risks
RECENT CASES
Medical Board's Suspension Not Barred by Acquittal in Criminal Case
The New Jersey State Board of Medical Examiners filed an Accusation against a Psychiatrist for sexual misconduct (groping a patient) even though he was acquitted of the charges in the criminal case. The case dates back to 2008 when a patient began seeing the Psychiatrist because of continued neck and back pain, as well as her becoming addicted to painkillers. She claimed the doctor asked to see the scar from her previous breast surgery and as she later stood to leave, he allegedly asked her to sit down; and, she then claimed he began massaging her shoulders, reached under her blouse and bra and touched her breast during a psychiatric examination.
The Superior Court of New Jersey, Appellate Division held the acquittal did not vindicate the doctor insofar as the Medical Board, stating: "[the doctor] overlooks the obvious difference in the burden of proof applicable in administrative and criminal proceedings and the difference in the elements required to establish the regulatory and criminal offenses."( In the Matter of the Suspension or Revocation of the License of Azam February 7, 2011 ).
Suspension of Chiropractor's License for DUI Excessive
The Illinois state licensing Division imposed an indefinite suspension for a minimum three years on a chiropractor who was previously found guilty of two misdemeanors: a DUI and attempted obstruction of justice. When he appealed, the Illinois District Appellate Court determined the penalty was unduly harsh. The appeals court declared: "We are aware of no case in which an indefinite suspension of the length imposed in this case was upheld for misdemeanor convictions. Rather, indefinite suspensions typically involve serious felony convictions or conduct causing direct harm to the medical professional's patients." ( David C. Grogg v. Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation, March 25, 2011 ).
Cannot Suspend Professional License for Conviction of Child Molestation
A Washington State engineer's professional license was suspended because he was convicted upon his plea of guilty to child molestation dating back to 1998. He appealed the matter to Superior Court, the decision was affirmed and he then went to the Court of Appeal where the decision of the state Board of Professional Engineers and Land Surveyors was reversed. The engineer's lawyer argued there was no relevant connection ("nexus") between the conviction and his client's ability to perform engineering work (Dennis E. Ritter v. The Board of Registration for Professional Engineers and Land Surveyors May 11, 2011).
PUBLISHED ARTICLES WRITTEN BY SAMUEL SPITAL
"Understanding the California Contractors License Law," by Samuel Spital, Pool News May 1, 1978
"Doctor, You’re Under Investigation," by Samuel Spital, Medical Economics 11.28.1978
"Optometric Practice Under The Law," by Samuel Spital, California Optometrist 1978
"Understanding Physicians’ Rights and Liabilities Under The California Medical Practice Act," by Samuel Spital, Western Journal of Medicine November 1978
"Check Out Legal Points in Your Medical Practice," by Samuel Spital, Legal Aspects of Medical Practice. December 1978
"Reducing The Risk Of A Malpractice Suit," by Samuel Spital, Dental Management May 1981
"Nip Disciplinary Actions In The Bud," by Samuel Spital, Dental Management July 1981
"No Fault: Is It The Answer?" by Samuel Spital, San Diego County Bar Association DICTA, The Lawyer’s Magazine October 1988
"Tenant Overcharges: Pendulum Has Swung Another Direction," by Samuel Spital, San Diego Business Journal 01/31/1994
"A Useful Guidebook To Tenant Rights," by Samuel Spital, Published by B.J. And Associates 1997
ARTICLES ABOUT SAMUEL SPITAL
"Derailment is Likely to Spawn Much Litigation," January 27, 2005, Los Angeles Daily Journal
"Pool Builder Accused of Fraud in Civil Suit," Los Angeles Times July 13, 1974
"Spital’s Law," by Brae Canlen The Reader January 22, 1987
"Winners" by T. Tanaka, San Diego Profile Magazine Summer Issue 1988
"Law Firms TV Add $$ Hiked," by Debra Cassens Moss, American Bar Association Journal November 1, 1986
"25 Largest Law Firms in San Diego County," San Diego Business Journal Book of Lists December 26, 1986
" Role of Delinquency Attorney Will Expand ," Los Angeles Daily Journal November 2, 2004
