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Camarillo OB/GYN may lose license over patient relationship
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More from Other NewsA Camarillo obstetrician gynecologist convicted of having sex with a patient is scheduled to go before a panel of the state medical board later this month.
The meeting could be held as soon as July 25 to hear arguments regarding discipline for Dr. Stuart Fischbein, who has a practice in Century City and also at The Woman's Place for Health and Midwifery Care in Camarillo.
Fischbein is accused by the Medical Board of California of having consensual sex with a patient 12 days after performing surgery on her in Camarillo. In Los Angeles Superior Court last year, he pleaded no contest to a misdemeanor charge of sexual exploitation involving the same patient and was sentenced to three years probation. A second count of the same offense was not prosecuted.
The Medical Board filed accusations against Fischbein last year. After a hearing in Los Angeles, Administrative Law Judge Samuel D. Reyes recommended in February the board revoke Fischbein's license but set aside the decision in favor of placing the doctor on five years probation.
But the board opted not to adopt that recommendation and instead asked Fischbein and prosecutors to submit arguments on whether the proposed penalty should be changed. They will present their cases orally in San Francisco sometime between July 25 and July 27, said Medical Board spokeswoman Candis Cohen.
"It's illegal under the business and professions code 726 for a physician to have sex with his or her patient," Cohen said. "And consent is no defense."
She wouldn't comment on why the board chose not to follow Reyes' proposed decision. The most severe penalty the board could take would be to take away Fischbein's license.
Fischbein didn't return phone calls on Monday and his lawyer was unavailable for comment.
According to findings presented by Reyes with his proposed decision, Fischbein first met the patient at his Camarillo office. They had sex twice, both times during a period when Fischbein had advised against sex because of the surgery.
The patient eventually reconciled with a previous boyfriend and ended the relationship with Fischbein, according to the judge's findings.
Reyes noted the doctor characterized the relationship as a terrible mistake in judgment.
He also said Fischbein now uses a female chaperone when he examines patients.
Posted by bugmenot on July 2, 2007 at 5:54 p.m. (Suggest removal)
"Too many good docs are getting out of the business. Too many OB/GYN's aren't able to practice their love with women all across the country."
Who said it? Come on, you all know him. I'm sure you saw the movie that quoted it recently. If not, you should see it. Who said it?
Posted by 2cents on July 2, 2007 at 8:47 p.m. (Suggest removal)
I THINK THAT IF THIS WAS CONSENSUAL BETWEEN DOC AND PATIENT, SOOOOOO...... WHAT!.DOES HE HAVE A MALPRACTICE ON HIS HANDS.THEN WHATS THE DEAL.IF MY OWN DOCTOR WAS HANDSOME AND CHARMING I WOULD ASK FOR A DATE.WHY?NOT.JUST LEAVE HIM ALONE.WOMAN HAVE THE POWER OF GETTING WHAT THEY WANT IF THEY REALLY WANT IT.THERE IS WOMAN THAT THROW THEMSELVES ON MEN NO MATTER WHAT AGE AND THIS IS TRUE.ESPECIALLY WHEN ITS GOOD DOLLAR SIGNS AND I BET HE HAS BUCKS PROBABLY DID'NT CHARGE THEM FOR THE CONSULTATION.MAYBE THATS WHAT THEY WANTED THOSE WOMAN.
Posted by SpecialKsGirl on July 2, 2007 at 11:41 p.m. (Suggest removal)
I'm a patient at Dr. Fischbein's Camarillo office, and have found him to be very professional, compassionate and personable. Those characteristics are hard to find in the OB/GYN speciality, in my experience. This incident was obviously a terrible judgment call on his part and deserves censure, but it would be a shame to take away the medical license of a very gifted and well-liked physician.
Posted by imbetnonit on July 3, 2007 at 12:15 a.m. (Suggest removal)
YUCK!
Posted by amber.moise on July 3, 2007 at 2:50 p.m. (Suggest removal)
Dr. Fischbein delivered both of my sons, and has a wonderful bedside manner. He wasn't my OBGYN with my first, just the "doctor on call", but I switched to him after the hospital experience. My few appointments with him where professional and caring. My thoughts are with Carolyn & Joyce, the midwives in his practice who have done nothing wrong and will suffer regardless.
Posted by Cat on July 3, 2007 at 4:30 p.m. (Suggest removal)
Agree with others....I've seen him for GYN issues and he is WAY better than other doctors in my many experiences. He's thoughtful, helpful, and I was always comfortable with him. So sorry for him (and his entire practice) that a mistake in judgment (which we ALL do) has to be public....and how did the Board find out about it??? The girl's boyfriend? Or the girl hoping to make some bucks....hmmmm?
Posted by romadati on July 3, 2007 at 5:28 p.m. (Suggest removal)
Of course the woman leaked it and for what purpose if not for monetary reasons. There's so many men out there that believe they're on top of the world because they have prestigious, powerful occupations, sometimes good looking, many times with incomes higher than the average bear...and many of these men fail to realize they are being preyed on...
Posted by Mark_Smith on July 5, 2007 at 1:30 p.m. (Suggest removal)
Here we go! All of the excuses being put forth not to hold this provider to a level of responsibility commensurate with the benefits offered to him by means of his profession. He is not potentially going to lose his license because he was a good provider for [insert name here] but he is potentially going to lose his license for his moral turpitude in the subject case.
Posted by stave1 on July 5, 2007 at 3:54 p.m. (Suggest removal)
SpecialksGirl, I agree with the censure. Men are what they are. Women, too. I like the idea of a female nurse in the room with him. My Dr. has one in his room all the time. So, that is probably the mistake he made. Hope it all works out ok.
Posted by lbayala3 on July 6, 2007 at 5:26 p.m. (Suggest removal)
PERSPECTIVE:
Although not an excuse for his error in judgement wouldn’t it be interesting to know that the woman in question has a PhD in psychology, was aware of the doctor’s despondence over his recent divorce, encouraged a romantic interest, eagerly drove to his house for consensual lovemaking and then let her estranged ex-boyfriend "accidently" discover her text messages. Reunite with him and only then report the incident to the board when the doctor was no longer necessary. Claiming victimhood and no responsibility for her decisions. Then got married less than 2 months later and filed a civil suit looking for money. Who used who and who had the power? Pretty obvious story to me and a sad one that is not uncommon. I feel despite the doctor’s mistake he got hosed.
Posted by romadati on July 6, 2007 at 6:01 p.m. (Suggest removal)
Ibayala3 - your suggestion about the woman having a PhD in psychology reminds me of a local marriage and family therapist who used to target doctors and lawyers. (Needless to say, she was an intern for a long, long time as it took her YEARS to pass her boards...this woman, even today, has a terrible and very serious problem with BOUNDARIES. It was unbelievable the time she'd spend "complaining" about her own doctor and how this guy continually made unwanted passes at her...and how uncomfortable he made her, and on and on and on and on...and guess what, she married him!!!
Posted by lbayala3 on July 8, 2007 at 6:54 a.m. (Suggest removal)
romadati
Sounds a bit like 'Fatal Attraction' Glen Close and Michael Douglas; Hmmm! A woman with a Phd. in psychology many males dominate the physician healthe care 'market', "if you will". As far as lawyer's are concerned, I'm sure you wouldn't give a plumber 30% of ur home for maintenance of 'plumbing'? It's unfortunate that where there is success follows an adventuress....
Posted by BioSculpt on July 8, 2007 at 10:15 p.m. (Suggest removal)
Dr. Fischbein has seen me on many occasions and is nothing but professional. There are women out there that prey on situations and exploit them. Look at what happened to those Duke Lacrosse players, that chick was a whack job as well. This lady got back together with some two-inch dick, insecure, loser and now they bring heat down on the doctor. These degenerates sit at home, applying their Lee Press-On Nails as they watch Maury or Jerry Springer and get brainwashed as they watch commercial after commercial with some crooked-nosed, Icabod Crane looking attorney saying "He'll fight for you!" They have no goals in life and dream up schemes on how they can get rich off of others' accomplishments. My husband works in Advocacy Law, and he tells me of countless scenarios where these women manipulate the hell out of the system and leave the men with nothing to say but, "No Contest."
The day Clinton started getting thumbs up for receiving BJ's in the Oval Office while discussing Middle East policy over the phone; he was quite a multi-tasker, these victimless cases between two consenting adults should never make the news. Before you know it, we'll have a socialist medical system because all of the good doctors will be leaving the country to find work. All because these litigious losers run up medical insurance for doctors, making it near impossible for them to run a practice.
Posted by stopabusiveobgyn on July 10, 2007 at 7:27 p.m. (Suggest removal)
Why didn't Fischbein return the reporter's phone calls? Why didn't his attorney? What is he hiding?
Posted by thetriplegoddess on July 12, 2007 at 12:15 p.m. (Suggest removal)
Dr. Fischbein is an excellent physician and everyone I know, who sees him as a patient, has only excellent things to say about his care and expertise. But guess what? - he is human! Imagine that! So are the rest of us. To take away his license over 1 consensual, but maliciously misconstrued provider-patient relationship, is arbitrary injustice.
Any female with half a brain can read the Medical Board's accusations and realize that he was personally vulnerable at the time, which will naturally cloud some judgement. Ultimately that patient was manipulative and in a bad personal relationship with her boyfriend. She was just looking for a dispensible person to prey on to satisfy her own emotional deficits. Dr. Fischbein being the caring human that he is was an easy target at the time. To add insult to injury, she is a psychologist and knew exactly what "emotional buttons" to push. By the time they had sex any an all anesthesia and/or significant analgesia had worn off and she was consciously aware of her own choices and decisions and furthermore, it took place in their own home, not during work hours or during a patient appointment. This is how some very sick-minded women can manipulate a man and it doesn't really matter what his education or profession is. Clearly, Dr. Fischbein's Constitutional Rights are being violated here and this is quite unfortunate for all of us as a human society, because, realistically, this could potentially happen to any of us, if given similar circumstances.
There is no reason to take away his license. Probation is potentially reasonable, but because he is a well-liked, well-established and successful Doctor, the Medical Board assumes that they can drag this out and get more money out of him. How sad is that. It is shameful that he is being put through this torture. He definitely has my support and encouragement. Good OB/GYN doctors are very, very hard to find. We don't need to destroy Dr. Fischbein, he has had an excellent record for 25 years, and we as women, need to have good doctors around. We need to keep him.
Posted by stopabusiveobgyn on July 14, 2007 at 11:11 a.m. (Suggest removal)
Why aren't the women who support Fischbein on record? Why don't they use their real names here? Why couldn't the reporter find all these women with glowing things to say when he did his investigation? There is not a single quote from a patient in that article. Maybe the responders here are ashamed of Fischbein or of actually having a sexual encounter with the good doctor themselves.
Posted by romadati on July 16, 2007 at 1:42 p.m. (Suggest removal)
stopabusiveobgyn
What aren't YOU providing your own identity?
The reporter is not conducting an investigation, he's just trying to get information.
The investigation is being conducted by the DA's office. And this is not a case where the doctor's being accused of sexually assaulting women who end up in his office as patients. This is about a woman who had a CONSENSUAL relationship with the doctor who happened to have been a patient. This is a case about the doctor's code of ethics, this is not a criminal matter.
And no one in the right mind would return the reporter's calls, why would you? So you can later get quoted or mis-quoted?
We have a right in this country not to help anyone incriminate us. Remember that next time you get pulled over by a cop.
Posted by stopabusiveobgyn on July 22, 2007 at 10:19 p.m. (Suggest removal)
Hmm, so the conviction of the Los Angeles County Superior Court of sexual exploitation means nothing. Wow.
Posted by nurseangie on July 23, 2007 at 10:56 a.m. (Suggest removal)
I work in the medical field and I assure you that Stuart Fischbein is a danger to women. He has been doing this for years and finally a woman had the courage to stand up to him and press charges. I applaud the Board's decision to reject the judge's findings and I pray, for the safety of women everywhere, that his license is revoked.
Not only did he take advantage of this woman's condition to satisfy his sex addiction, he risked her life. It is inconceivable that a surgeon would have sex with a patient 12 days after abdominal surgery. He is a sick, sick man.
We should all phone his office and demand that he surrender his license.
Posted by nurseangie on July 23, 2007 at 12:05 p.m.
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Posted by thetriplegoddess on July 24, 2007 at 6:38 a.m. (Suggest removal)
ll
Posted by obgynvictim on July 24, 2007 at 12:04 p.m. (Suggest removal)
This is not Fischbein's first offense. I was molested by him in 1987. I was hemorrhaging during the miscarriage of a planned pregnancy. I was referred to him by my midwife and first encountered him at the hospital, accompanied by my husband. I was subjected to an absolutely horrific experience. I was heavily drugged and what was done to me that night was in no way consensual. There were subsequent incidents...he called me periodically afterwards, showed up at my apartment three months later, and showed up at my house two years later. What happened to me in my home in 1990 was in no way consensual. He continued to contact me by phone periodically afterwards, even after I had moved out of the state. Mind you, I was happily married at the time. I finally filed a complaint against him with the Medical Board in 1993. I was told at the time that I was the first patient who had ever filed a complaint against him. Since I could not prove anything, no action was taken against his license at that time.
Posted by BioSculpt on July 28, 2007 at 12:42 p.m.
(This thread was removed by the site staff.)
Posted by obgynvictim on July 28, 2007 at 2:11 p.m. (Suggest removal)
BioSculpt:
You are mistaken. I will never go near another male gynecologist again as long as I live. My doctor is female and her female nurse practitioner does my routine physicals. There is no "fondling" involved and never should be in a clinical situation. I do not now, nor have I ever weighed anything near 300 lb. and I already have a life.
Fischbein obviously did not abuse all or even most of his patients. You are apparently a member of that fortunate majority. The fact that he did not prey upon you does not prove that he never preyed upon other patients. A "good doctor" does not view his gynecological patients as prospects for his own personal sexual use or as candidates for psychosexual games. This is unethical and prohibited by law.
Posted by obgynvictim on July 30, 2007 at 3:54 p.m.
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Posted by concernedinsimivalley on July 31, 2007 at 6:41 p.m.
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Posted by concernedinsimivalley on August 1, 2007 at 8:24 p.m. (Suggest removal)
The truth of Stuart Fischbein has been removed by the site staff. That truth is he petitioned my wife to raise their casual relationship to intimate and three weeks later she filed for divorced. Stuart Fischbein needs to be stopped. This is my 1st amendment free speech right to express.
Posted by obgynvictim on August 1, 2007 at 9:02 p.m. (Suggest removal)
concernedinsimivalley:
My heart goes out to you in your situation. WAs your wife a patient? Or just an acquaintance? When your wife realizes what a mistake she has made, if she has not already, I hope she will come back to you and that you and she can repair the damage.
Fischbein's medical license was supposed to expire yesterday. Let's hope that it was not renewed.
I agree that Fischbein needs to be stopped. Let's start a support group!
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