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Medical board may not subpoena patient’s medical records while investigating psychotherapist’s alleged sexual misconduct absent compelling justification

By | Medicine | No Comments

The California Medical Board, through Executive Director Kimberly Kirchmeyer, investigated Dr. Geoffrey Phillips, a licensed psychiatrist, based on an allegation that he had a sexual relationship with one of his patients, A.M.  After her therapy with Dr. Phillips ended, A.M. divorced her husband, S.M.  S.M. then filed a complaint with…

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Elder Abuse liability may be premised on hospital’s knowing pattern of understaffing in violation of regulations

By | Medicine, Nursing | No Comments

Plaintiffs’ operative complaint alleged that decedent George Fenimore, Jr., suffered from Alzheimer’s disease and dementia, was prone to wandering away from home, and had begun to suffer an increased number of falls, leading his family to admit him to a local hospital.  He was transferred from that hospital to Resnick…

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Michael Edward Rose v. California Board of Behavioral Sciences

By | Behavioral Health, Blog, Emergency Medical Services, Medicine, Nursing

RUVOLO, P.J. I. INTRODUCTION Respondent Michael Edward Rose (Rose) is a licensed clinical social worker who was subjected to professional disciplinary proceedings by appellant Board of Behavioral Sciences (Board)1 after he suffered three drunk driving convictions within 11 years. After the Board issued its ruling, Rose brought a petition for…

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