A patients’ rights advocate is criticizing the California Medical Board for allegedly imposing mild penalties for doctor misconduct.
Marian Hollingsworth became a patient rights advocate after her father died from antipsychotic drugs prescribed without her knowledge or consent.
“Consent forms were falsified,” Hollingsworth said on EpochTV’s “California Insider” program.
After her father’s passing, the doctor involved was only “given a reprimand,” she said.
Hollingsworth took to the medical board after learning of the doctor’s alleged negligence, but found the board is “more likely to be lenient on a doctor, especially for a considered first-time offense.”
Members on the medical board are either appointed by the state Legislature or the governor, many of which are affiliated with the California Medical Association, a doctor lobbying group representing about a third of the doctors in the state.
“The Medical Board of California’s mission is consumer protection, and it takes that mission very seriously,” Carlos Villatoro, a spokesman for the California Medical Board, told The Epoch Times in an email.
Villatoro said that while the board can “discipline a physician’s license” and “take action to rehabilitate the physician,” it is “not authorized to punish a physician.”
Villatoro also mentioned in the statement that the board has put forward to the state Legislature a number of proposals that will help it to improve its ability to protect consumers.
When the medical board receives a complaint, the board will determine if the case is worth investigating, and only about 19 percent of the time they go to a full investigation, according to Hollingsworth.
The board does not handle civil lawsuits or malpractice lawsuits except when a doctor has received a big judgment in a lawsuit that involves over $30,000, Hollingsworth said, as then the case has to be reported to the medical board.
Hollingsworth said there has been a stagnation of many complaints that have been brought up to the medical board.
“There have been a number of cases for doctors [who] have been disciplined multiple times for various things … [including] a history of sexual misconduct, gross negligence, personal addiction,” she said.
Under Senate Bill (SB) 1448—also called the Patient’s Right to Know Act, and signed into law in 2018—doctors who are on probation for certain things such as overprescribing opioids or involved in sexual misconduct, will have to inform their patients before treatment, Hollingsworth said.
However, not every party is happy with this bill, according to Hollingsworth.
“[The California Medical Association] was definitely against SB 1448. They will argue that they promote the practice of medicine … [and] it’s for patient safety, but they’ve been consistently against any bill that would help ensure patient safety,” Hollingsworth said.
TJ Watkins, a sitting member on the medical board, spoke up against the board and California Medical Association. He filed a complaint with the State Auditor’s Office to look through the cases and see why the board is allegedly not following its guidelines.
Hollingsworth urged patients to be more aware of the history of their doctors before going in for treatment.
“Just do your homework,” she said, “We do more investigating of what type of car to buy than we do on what type of doctor to go to who literally has our lives in his hands.
“I’ve had other doctors that have been great and I really appreciate their help. But I still always look up everything they say and that’s good to have the conversation.”
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