Henry Fenton and Summer Main recently obtained an outstanding result for the firm by successfully defending a physician client against claims of gross negligence, repeated acts of negligence, and abetting the unlicensed practice of medicine.
According to the complaint, the client overprescribed controlled substances to a former patient turned employee through an electronic prescription system. The employee then proceeded to sell the prescribed drugs. As a result of Fenton Law Group’s representation, it was successfully established that the employee had effectively stolen the client’s identity in order to steal his electronic prescribing privileges for the purpose of issuing numerous unauthorized and illegal controlled substance prescriptions, and that the client had no knowledge of the wrongful conduct.
In another matter, the physician client treated a patient who had been injured while working on a construction site. After diagnosing the patient with several fractures and a sprain, the client started him on non-prescription medication, and later prescribed Norco tablets. While treating the patient, the client received notice that the patient’s urinalysis test results had tested positive for cocaine, which the patient admitted to using occasionally. After the client discussed the results with the patient, who represented that he would not use cocaine again and later tested negative, the client prescribed the Norco tablets. It was established through expert testimony that the client did not violate the standard of care by prescribing Norco to the patient, because they were prescribed in small amounts and were not prescribed to an addict.
After reviewing the case, the California Medical Board and an administrative law judge found the firm’s client innocent of all charges. Only a reprimand was issued to the client on the basis of vicarious liability for the acts of his employee. Fenton Law Group expects to challenge the issuance of that reprimand, and expects to prevail.