Judge Finds No Sexual Abuse by M.D.

In a preliminary ruling, an administrative law judge found Monday that a La Jolla physician accused of digital rape and negligence acted unprofessionally but did not sexually molest his patients.

Based on a five-week hearing that ended June 19, the judge upheld the temporary suspension of Dr. Dominick A. Ricci’s medical license until a hearing on permanent revocation can be conducted.

Ricci, 44, is a Scripps Memorial Hospital gastroenterologist with offices in La Jolla and Encinitas.

After listening to testimony by medical experts and 10 women patients, Judge Stephen E. Hjelt wrote in a 23-page opinion that he could not determine whether Ricci violated the state medical profession’s code regarding sexual misconduct. But he said Ricci “abused his patients by a form of insensitivity that left them feeling horribly mistreated.”

The decision came in response to a petition for temporary suspension filed by the Medical Board of California. Ricci has been under a court injunction not to practice medicine since his arrest in February on suspicion of two counts of rape by digital penetration.

After news media reported the arrest and attorneys representing the Medical Board solicited additional allegations against Ricci, at least 15 women came forward with reports of rape and misconduct. Incidents allegedly occurred during office examinations between March, 1990, and February, 1992.

Ricci has not been charged with criminal misconduct.

Attorneys representing both sides claimed Hjelt’s decision Monday as a victory.

“Obviously we’re very gratified that the judge did not find any evidence of sexual abuse,” said Ricci’s lawyer, Paul Pfingst. “We’re disappointed about the negligence part of the ruling . . . but being called a sexual pervert and rapist is a lot different than being negligent.”

Pfingst said accusations have been based on ignorance of procedures for rectal examinations. The allegations of negligence will be contested in a license revocation hearing, which is yet to be scheduled, Pfingst said.

Deputy Atty. Gen. Margaret Lafko, who is representing the state in the case, said she was pleased with the suspension ruling, and that the additional allegations of sexual misconduct will strengthen the state’s case to permanently revoke Ricci’s license.

Lafko said the matter will be heard by a different administrative law judge, and the attorney general’s office is expected to call additional patients to testify against Ricci. Monday’s opinion regarding sexual misconduct has no binding affect on future hearings, Lafko said.