California Professional License Defense Blog

Dr. Andrew Rutland, of Anaheim won a temporary victory from the California Medical Board when an administrative law judge allowed him to keep practicing, however, he is not allowed to perform surgeries.

Judge James Ahler wrote in his opinion that Dr. Rutland does pose a “risk of danger” but felt the risk was specific to Dr. Rutland performing surgery and deliveries. Ahler stated that there have been no complaints or alleged misconduct unrelated to surgeries and deliveries.

Dr. Rutland surrendered his medical license in 2002 after a lengthy investigation where it was found that Rutland committed several ethical violations, botched surgeries and was responsible for the death of 2 babies.

Dr. Rutland applied and was granted a re-instatement by the California Medical Board only to have him face the possible second loss of a license for the current investigation that relates to the death of a woman who underwent an abortion. In the current medical board investigation, it is alleged that Rutland sedated the victim with anesthesia and that due to his lack of knowledge with the proper dosage, led to the woman’s death. In addition, he is accused of not having the proper medical malpractice insurance and performing surgery in a unlicensed facility.

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Dr. Andrew Rutland, an OBGYN from Anaheim faces allegations before the California Medical Board for negligence in a case where a woman died during an abortion.

Rutland, had already lost his California medical license in 2002 after the death of a newborn, allegations he performed unnecessary hysterectomies, lied to patients and has sexual intercourse with a patient in his office.

As a result of these accusations, Rutland agreed to give up his medical license after a two year investigation. However, Dr. Rutland applied to have his license reinstated which was granted by the California Medical Board.

The current investigation which poses a potential loss of Dr. Rutlands medical license stems from an incident where a 30-year-old woman died last year allegedly after Rutland gave her anesthesia without knowing what dosage was safe. In addition, Rutland was found to be practicing in an unlicensed office and performing surgery outside of a hospital without malpractice insurance.

The California Medical Board is seeking to have a Rutlands license suspended until the medical board investigation is compete and an Accusation is filed saying Rutland “imminent danger to public health.”

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California Business and Professions Code 2307(a) allows physicians and surgeons who have had their license revoked, surrendered or suspended to petition the California Medical Board for reinstatement or modification.

BP 2307 (b)(1) states that a petition for reinstatement by the California Medical Board may be made at least 3 years after the license was revoked or surrendered. However, you can upon a showing of good cause petition for reinstatement after 2 years.

If you are on probation to the California Medical Board you can petition the board to either modify your existing terms and conditions of probation and even petition for a termination of probation. You can do this pursuant to BP 2307(b)(2) and BP 2307(b)(3).

If your probation is for a period less than 3 years, you can petition to terminate your probation after 1 year. If your probation is more than 3 years, you can petition for termination of probation after 2 years.

If you are on probation to the California Medical Board, you can petition to modify your terms and conditions after 1 year on probation.

Practicing medicine with the restrictions imposed by the Medical Board can have an adverse impact on your medical practice. If you have already entered into a stipulation and want to see about terminating your medical license probation or modifying the current terms, contact a well qualified California Medical License Attorney.

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The California Medical Board is looking to place Sandeep Kapoor and Khristine Eroshevich on temporary suspension while they are out on bail in the Anna Nicole Smith case. According to court documents, the California Medical Board wants to prevent Dr. Kapoor and Dr. Eroshevich from practicing medicine while their criminal case is pending. Both Dr’s Kapoor and Eroshevich have been criminally charged and have a case pending in Los Angeles County Superior Court.

The Medical Board of California states in their legal papers that “waiting for a possible conviction to a take action puts the public at risk.” In addition to seeking a temporary suspension, the medical board wants the doctors to give up their prescriptions forms.

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Attorney General Edmund G. Brown Jr. has filed criminal charges against the former manager of a Mount Shasta-based medical clinic who filed "bogus claims" under Medi-Cal for medical services that were never performed.

Denise Fairhurst, of Redding, was arrested Wednesday on five criminal counts of grand theft, insurance fraud and submitting false claims to the government. She is being held on $1 million dollar bail.

"Fairhurst ran a health clinic that was losing money and in danger of closing because of widespread financial mismanagement," Brown said. "To keep her operation afloat, she submitted bogus claims to Medi-Cal and in the process violated California law."

Brown's complaint, alleges that between January 2004 and December 2007, Fairhurst, billed Medi-Cal $2.2 million for services not rendered to beneficiaries to help pay operation and management. In addition, Fairhurst used $33,492 of the funds to pay personal credit card bills. If convicted, Fairhurst faces up to five years in state prison.

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Ira Messing, 61 owner of Hall of Fame Design and Remolding was sentenced to 3 years and 4 months in prison and ordered to pay $845,000.00 in victim restitution. Messing plead to 15 felony counts of diverting construction funds when he contracted with 15 homeowners to install sunrooms in their homes. Instead of using the money to complete the construction projects, Messing used their money to complete older jobs.

Messing was arrested in Kansas and waived extradition to Orange County where he was sentence.

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Dr. Brian West, of Huntington Beach will lose his California Medical License next month after allegations of negligence and a “pattern of dishonesty.” West, who performed surgeries throughout Southern California declined to comment.

Dr. West is accused of gross negligence in a 2000 breast cancer breast reconstruction. The patient had a mastectomy on one breast and wanted Dr. West to perform a lift on her other breast to match. According to reports, West reduced her breasts from D cups, leaving one a C cup and the other a B cup. The patient says she did not give West permission to reduce her breast size. The California Medical Board agreed with the patient.

In addition, Dr. West was arrested for suspicion of DUI in 2000. In this case, West was on his way to see a patient in the hospital when he was involved in a traffic accident. West had a BAC of .19. When questioned by a California Medical Board investigator, West denied he was on the way to the hospital despite a letter of apology he had written to the patient admitting he was.

In 2005, West was placed on probation following two convictions for VC 23152 (a) & VC 23152 (b)- driving under the influence as well as dishonesty. Due to lack of acknowledgment to his errors and the breast patient dishonesty, the board decided to revoke his license rather than extend probation.

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California Attorney General Edmund Brown Jr. filed charges against 6 people working with “We Care” hospice in Sherman Oaks. Included in those who had arrest warrants issued were two California physicians, and the owner of “We Care.” All defendants are to appear in Los Angeles Superior Court. If convicted on all counts, the defendants could receive up to nine years in prison.

The six individuals were involved in getting healthy seniors to be admitted into a hospice for terminally ill and then bill the California and the Federal Government for procedures never performed. The total the six individuals were responsible for billing $9 million and used the money to purchase homes and cars. The Delmendo family alone spent $1.7 million cash for a luxury home.

Of those arrested were:

Milagros Delmendo, 58, of Northridge and the owner of “We Care.” She was charged with four counts of grand theft, presenting false Medi-Cal claims, making fraudulent claims to the government, and paying unlawful remuneration.

- Kristina Delmendo Deguzman, 31, of Northridge and daughter of Milagros Delmendo. She was charged with three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government.

- Mark Delmendo, 28, of Studio City and son of Milagros Delmendo. He was charged with three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government.

- Nolan Jones, M.D., 60, of Los Angeles, on three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government.

- Anselmo Alliegro, M.D., 78, of Dundalk, Maryland, on three counts of grand theft, presenting false Medi-Cal claims, and making fraudulent claims to the government.

- Ramon Parayno, 46, of Studio City, on two counts of grand theft and paying unlawful remuneration.

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Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor were charged with “engaging in a criminal conspiray to illegally furnish” controlled substances to Anna Nicole Smith.

Over a period of three years, Dr. Eroshevich and Dr. Kapoor falsified prescriptions and furnished thousands of prescription pills to Smith, often for no legitimate medical purpose. Howard K. Stern funneled those medications to Anna Nicole Smith.

Eleven felony counts were filed Thursday by the Los Angeles County District Attorney's Office. It is unknown whether the California Medical Board has initiated any independent investigation on the doctors.

Counts 1-3: Each defendant was charged with conspiracy counts for prescribing, administering, and dispensing controlled substances to an addict; obtaining a controlled substances by fraud, deceit, or misrepresentation; obtaining a controlled substance by false name or address; issuing a prescription that is false or fictitious; and repeatedly and excessively prescribing, furnishing, dispensing, or administering drugs.

Count 4: Howard K. Stern and Dr. Kapoor were charged with unlawfully prescribing a controlled substance.

Count 5: Howard K. Stern and Dr. Eroshevich were charged with unlawfully prescribing a controlled substance.

Count 6: Dr. Kapoor was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation.

Count 7: Dr. Eroshevich was charged with obtaining a prescription for opiates by fraud, deceit, or misrepresentation.

Count 8: Dr. Kapoor was charged with obtaining a prescription for opiates by giving a false name or address.

Count 9: Dr. Eroshevich was charged with obtaining a prescription for opiates by giving a false name or address.

Count 10: Howard K. Stern and Dr. Kapoor were charged with prescribing, administering, or dispensing a controlled substance to an addict.

Count 11: Dr. Eroshevich was charged with prescribing, administering, or dispensing controlled substances to an addict.

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ORANGE COUNTY, CA- Attorney General Edmund G. Brown Jr. today announced the arrest of Mary Alice Yraceburu and Marianne Curtis. Both women are accused of conning over one hundred people out of thousands of dollars for non-existent loan modification services.

"These scam artists coldly and heartlessly preyed on Californians desperate for help in saving their homes," Attorney General Brown said. "Homeowners in financial trouble have to be on guard against loan modification fraud, so they don't make a bad situation worse."

The AG filed 49 felony charges Orange County Superior Court against Mary Alice Yraceburu, 45, of Riverdale and Marianne Curtis, 67, of Costa Mesa.

Yraceburu was arrested today in Fresno County and Curtis was arrested today in Orange County. Both women, convicted felons who have previously been to prison face the following charges:

- 24-counts of grand theft;
- 25-counts of violations of California's foreclosure consultant statutes;
- One special allegation that the total value of theft was over $65,000;
- One special allegation that the total value of theft was over $100,000;

If convicted on all charges the women face 21 years in prison.

The two women operated a company called Foreclosure Freedom. FF sent hundreds of fliers to California residents promising to help stop foreclosure action on their homes. , The fliers read: "FINAL NOTICE - Respond only to this notice immediately." This is similar to First Gov scam, which the Attorney General stopped late last year.

When homeowners called, they were told their mortgages could be renegotiated to a lower monthly payment. However, they were required to pay thousands of dollars in up-front fees and were instructed not to contact their lenders. Investigators found no evidence of any successful loan modifications and most of the victims were either forced into bankruptcy or lost their homes to foreclosure.

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University of California, Irvine anesthesiologist, Dr. Peter H. Breen has been accused by state regulators of gross negligence and incompetence after allegedly falsifying medical records and assigning a resident to work in the operating room when Dr. Breen’s and was in a cast.

Dr. Breen was the former head of the anesthesiology department at the Orange County University, however, he still works at the UCI hospital. The California Medical board has leveled the allegations against the Irvine physician and Dr. Breen faces suspension or revocation.

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The California Medical Board reported Dr. Paul Lessler, 70 surrendered his California medical license after pleading guilty to Medicare fraud.

Dr. Lessler, of Newport Beach operated a medical clinic, University Pain Specialists, where he hired recruiters to find patients to receive unnecessary respiratory treatments. Prosecutors alleged the Orange County doctor’s scam billed Medicare $12 million for such treatments. In May 2007, Lessler pleaded guilty to three felony counts of conspiracy and health care fraud charges.

As a result of his medical insurance fraud convictions, the California Medical Board sought to revoke Lessler’s medical privileges. In July, Lessler agreed to give up his California Medical License with a signed stipulation with the board.

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