Witnesses in Doctor’s Trial Tell of False Cancer Diagnoses : Courts: Husband of former patient testifies defendant told him he could ‘catch’ disease from his wife.

As attorneys wrapped up testimony in the federal trial of former Tustin gynecologist Ivan C. Namihas on Thursday, the husband of one of the defendant’s patients told a jury that Namihas falsely told him his wife had cancer and should be treated with laser surgery.

The husband, Louis Cohan, testified that during a consultation about his wife’s condition, he was told by Namihas that he could have contracted penile cancer because of her cervical cancer.

Later lab tests showed that Cohan’s wife did not have cancer. Doctors have also testified that a person cannot “catch” cancer from another person.

Cohan said Namihas brought out medical illustrations showing penile cancer.

“They were disgusting, disturbing and frightening,” he said.

Federal prosecutors have accused Namihas of intentionally scaring his patients into returning for more visits by falsely telling them they had cancer. Namihas, the object of the largest medical-abuse investigation in state history, is charged in U.S. District Court with 10 counts of mail fraud. Prosecutors allege the 62-year-old doctor fraudulently used the mail to bill six patients for unnecessary, expensive and often painful laser surgery.

Namihas, who has pleaded not guilty, has insisted that his patients must have misunderstood him because of the technical medical jargon he may have used in talking with them.

Namihas testified Thursday that he never told his patients they had cancer, but merely conditions that could lead to cancer. He said he would typically urge his patients to get second opinions, would offer them copies of their medical records, and, when he felt it was appropriate, discuss other options besides laser surgery for treatment.

“I attempt to explain (a patient’s condition) to the best of my ability,” Namihas said.

But Cohan and the husband of another of Namihas’ patients contradicted Namihas on the witness stand.

The second husband, Avery Smith, testified that Namihas told him his wife had cancer cells in her vagina, which could spread into her lungs and kill her.

“He said it could spread?” asked defense attorney Paul Meyer.

“He said it will spread,” Smith said. “He acted like they were spreading already.”

Cohan and Smith said Namihas did not suggest to either of them that they get second opinions. Cohan said Namihas turned over his wife’s medical record only after he asked for it.

Several doctors testified that none of Namihas’ patients had cancer, though some may have had conditions that could lead to cancer.

Experts also testified that laser surgery is not appropriate treatment for cancer. Between 1988 and 1992, however, at the time Namihas was treating the patients in question, laser surgery was believed by many doctors to be the best treatment for some precancerous conditions.

The state Medical Board revoked Namihas’ license in May, 1992, after the board received more than 160 sexual abuse complaints by the doctor’s former patients.

Local and state prosecutors said they did not file sexual-abuse charges because of statute-of-limitations problems with many of the cases and lack of evidence.

Namihas faces 50 years in prison and a $250,000 fine if convicted on all the federal counts. The trial is scheduled to continue today with closing arguments by attorneys.