Medical disciplinary actions

The Medical Board of California licenses physicians and other medical professionals. It also investigates medical complaints and issues disciplinary actions. The most serious penalties include license revocation, suspension and probation.

These are the Los Angeles, Orange, Riverside, San Bernardino and Ventura County physicians and surgeons who were subject to serious disciplinary actions from Feb. 1 to April 30, according to Medical Board documents. Generally, final actions are published only after all appeals are exhausted.

Dr. Victor V. Avedian, Oceanside: Reprimanded for gross negligence and incompetence in the care and treatment of one patient. Disciplined via public letter of reprimand.* Effective March 24.

Dr. Brooke M. Barton, Santa Monica: Charged with gross negligence, repeated negligent acts, excessive treatment or prescribing and with having a mental illness that affects and impairs her ability to practice medicine competently. No admissions; revocation of license stayed, two years’ probation. Effective April 14.

Dr. Daniel G. Berdakin, Los Angeles: Committed unprofessional conduct by failing to maintain adequate and accurate medical records in the care and treatment of one patient. Disciplined via public reprimand.** Effective March 28.

Dr. Lawrence M. Birnbaum, Beverly Hills: Committed acts of gross negligence, repeated negligence and prescribed controlled substances without a medical examination or medical indication in the care and treatment of two patients. Revocation of license stayed, three years’ probation. Effective April 14.

Dr. David Fain Bode, Los Angeles: Aided the unlicensed practice of medicine, violated the Professional Corporations Act, contracted with an unlicensed individual to work in a medical clinic to provide medical services, and failed to control or review billings using his provider number. Disciplined via public reprimand.** Effective Feb. 13.

Dr. Peter Joseph Cheski, Beverly Hills: Charged with gross negligence, repeated negligent acts, incompetence and failure to maintain adequate and accurate records in the care and treatment of three plastic surgery patients, with one expiring after surgery from a myocardial infarction. No admissions; revocation of license stayed, two years’ probation. Effective March 10.

Dr. Clyde K. Emery Jr., Torrance: Convicted in Nevada of a felony for embezzlement of funds from a homeowners association. License revoked. Effective April 1.

Dr. Michael Joseph Esposito, Long Beach: Committed acts of negligence in the care and treatment of several patients. Disciplined via public letter of reprimand.* Effective Feb. 10.

Dr. John A. Giddings, Duarte: Arrested twice for driving under the influence and received one conviction for reckless driving, failed to report either arrest to his Medical Board probation monitor, made false statements in an application for reappointment as a qualified medical examiner, and violated the terms and conditions of his Medical Board-ordered probation. License revoked. Effective April 10.

Dr. Walter Ray Henderson, Palm Desert: Committed acts of gross negligence, repeated negligence, and failure to keep adequate and accurate medical records in the care and treatment of one patient. Revocation of license stayed, three years’ probation. Effective Feb. 24.

Dr. David Hsu, Monterey Park: Failed to maintain adequate and accurate medical records in the care and treatment of one patient. Revocation of license stayed, one year’s probation. Effective April 2.

Dr. Paul Pao-Shan Lin, Irvine: Sexual misconduct in the care and treatment of one patient; committed acts of gross negligence, incompetence and failed to maintain adequate and accurate medical records in the care and treatment of two patients. Revocation of license stayed, five years’ probation. Effective Feb. 7.

Dr. Steven Wayne Lutzker, Thousand Oaks: Disciplined by Connecticut for submitting fraudulent insurance reimbursement claims, which resulted in a felony conviction. Revocation of license stayed, license suspended for 90 days, five years’ probation. Effective Feb. 13.

Dr. Ricardo Navas, Los Angeles: Performed a laparoscopic cholecystectomy in which the patient suffered a major vascular injury, occurring during the placement of a trocar, resulting in significant blood loss for the patient. Disciplined via public letter of reprimand.* Effective April 24.

Dr. Jon Steven Opsahl, Riverside:

Committed acts of gross negligence, repeated negligence, repeated excessive prescribing, dishonesty, unprofessional conduct, and incompetence for engaging in illegal Internet prescribing and prescribing or dispensing drugs to patients without a good-faith prior examination or medical indication. License revoked. Effective Feb. 21.

Dr. Mark Duane Peterson, Loma Linda: Disclosed a history of bipolar disorder and substance abuse on his application for licensure with the California Medical Board. License issued with five years’ probation attached. Effective Feb. 7.

Dr. Michael Sherman, Beverly Hills: Charged with committing acts of gross negligence, repeated negligence and incompetence in the care and treatment of eight patients, including three convictions for driving under the influence of alcohol, and use of alcohol in a dangerous manner. No admissions; revocation of license stayed, five years’ probation. Effective Feb. 6.

Dr. John K. Sturman, La Habra: Failed to obtain supporting documentation for conditions producing chronic pain, and failed to document a treatment plan for the patient’s addiction to a Schedule IV controlled drug. Disciplined via public letter of reprimand.* Effective March 28.

* A lesser form of discipline that can be negotiated for minor violations before or after the filing of formal charges (accusations). The licensee is chastised in the form of a letter that becomes a part of his or her public record.

** A public reprimand, another lesser form of discipline, is similar to a public letter of reprimand, except that it must be the result of charges that are filed. The reprimand becomes a part of his or her public record.

Source: Medical Board of California, Sacramento.

Los Angeles Times