Doctor Convicted of Sexual Battery

A Laguna Niguel doctor who specializes in chronic pain and cosmetic treatments was found guilty Friday in Orange County Superior Court of sexually battering three of his female patients and illegally touching a fourth.

Jurors could not agree on sexual battery charges involving a fifth female patient.

Dr. Del B. Dalton, 44, has been practicing medicine while his case was pending--even rushing back to his Laguna Niguel office to see patients after court testimony.

Dalton was also found guilty of two counts of false advertising, claiming he was “board certified” even though no medical specialty board has certified him. Jurors deliberated for about four days. They reduced the fourth sexual battery charge to simple battery, which is the unauthorized touching of another person.

Dalton faces a possible 4 1/2 years in prison on the six misdemeanor convictions. Beyond that, the state Medical Board is seeking to revoke his license over the same set of charges.

Dalton’s attorney, Harland Burge, said his client is left “bewildered and upset” by the jury’s verdict.

“Unless we can get this reversed on appeal, this essentially ends his medical career,” Burge said. “The Medical Board hearing will be a done deal after this.”

The state Medical Board, which had permitted Dalton to continue practicing, had already placed unusual restrictions on his license. He had to have a chaperon present during examinations and patients were required to sign waivers before treatment, saying they were aware charges were pending against him.

Dalton was arrested in March after three of his female patients independently told authorities he had fondled them. A fourth woman read about his arrest and then came forward. A fifth patient called authorities after seeing an account of his arrest on television.

Deputy Dist. Atty. Elisabeth Hatcher called it “courageous” for the first three women to file their complaints without any of them knowing there would be other complainants: “That’s not easy to do when you think that it’s just your word against a doctor’s. That can be very intimidating.”

Some of the women complained that Dalton touched their breasts during examinations in which he had them undress. They were being treated for conditions that normally do not require disrobing, prosecutors said. One, for example, was being treated for laser hair removal.

Burge said Dalton knows now that he should have had someone else present during examinations of female patients, something the medical field strongly urges but does not require.

“In this modern era, you have to practice defensive medicine, and that he didn’t do,” Burge said.

Burge argued to the jury that Dalton had a busy practice--more than 1,000 patients--and that Dalton’s wife, Soon, a registered nurse, was constantly in and out of the examining room, so there was no guarantee of private time between Dalton and his female patients. But the patients testified that Dalton not only fondled them but tried to kiss one of them.

Burge called the false advertising “judgmental errors” by the doctor.

Superior Court Judge Pamela Iles will hold a hearing next Friday to determine whether Dalton’s $25,000 bail should be revoked. Sentencing is scheduled for Aug. 20.

Prosecutor Hatcher said a decision on whether to seek the maximum penalty for the doctor will be made after a probation report is finished.