Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.
“Can Medical Justice solve my problem?” Click here to review recent consultations…
all. Here’s a sample of typical recent consultation discussions…- Former employee stole patient list. Now a competitor…
- Patient suing doctor in small claims court…
- Just received board complaint…
- Allegations of sexual harassment by employee…
- Patient filed police complaint doctor inappropriately touched her…
- DEA showed up to my office…
- Patient “extorting” me. “Pay me or I’ll slam you online.”
- My carrier wants me to settle. My case is fully defensible…
- My patient is demanding an unwarranted refund…
- How do I safely terminate doctor-patient relationship?
- How to avoid reporting to Data Bank…
- I want my day in court. But don’t want to risk my nest egg…
- Hospital wants to fire me…
- Sham peer review inappropriately limiting privileges…
- Can I safely use stem cells in my practice?
- Patient’s results are not what was expected…
- Just received request for medical records from an attorney…
- Just received notice of intent to sue…
- Just received summons for meritless case…
- Safely responding to negative online reviews…
Physicians can be held accountable by professional licensing boards for actions outside of the exam room and surgery suite. For example, if you are pulled over with a DUI, do not be surprised if the Board gets involved. Yes, nothing you did directly impacted patient care. You were presumably not taking care of a patient when the police pulled you over. But many Boards presume that a DUI is a harbinger of a general alcohol abuse problem which could turn into a later patient safety matter. Alcohol abuse may cloud one’s judgment while taking care of a patient. Or the Board may conclude you will show up while on call and have ETOH on your breath.
Danielle Roberts was licensed as a physician in NY. She became involved with the NXIVM cult. She had previously been invited to join a “secret society: called Dominus Obsequious Soroium, or DOS.” Entry to the secret society required being branded on the pelvis with the initials of NXIVM’s founder, Keith Raniere. Dr. Roberts performed at least 17 such brandings, captured on video.
One such “brandee” left the secret society, and filed a complaint to the Board of Medicine.
New York’s Bureau of Professional Medical Conduct (OPMC) charged Roberts with 47 counts of professional misconduct. In addition to the brandings, she was accused of failing to report the outbreak of an infectious norovirus-like illness at a NXIVM retreat.
Roberts countered that branding was not the practice of medicine and the OPMC had no jurisdiction to discipline on that charge.
The hearing committee disagreed and revoked her license to practice medicine. Roberts appealed and the case went to trial court, which upheld the decision revoking her license.
“Unlike tattooing and body art, branding is not regulated in New York, but courts have nonetheless considered electric cauterization to come under the purview of a medical procedure,” wrote Justice Lisa Fisher. And the hearing committee had substantial evidence to establish a professional connection, including Roberts’s own testimony that she relied on her medical expertise and had been approached by society members to fulfill the role of brander for that reason. “Several of the DOS members who were branded, including the complainant, provided testimony to the effect that they were relieved or comforted knowing that a physician would be performing the branding,” Justice Fisher noted.
The Justice also noted that Dr. Roberts used her medical knowledge to achieve a particular outcome.
“Although petitioner contends that her ritualistic branding of DOS members was for nonmedical reasons and lacked a sufficient nexus with the practice of medicine, it is apparent that petitioner used her medical knowledge and training to create a specific physical condition – a permanent scar – on the enrollees. In doing so, the Bureau’s expert testified that petitioner’s actions in branding DOS members constituted the practice of medicine by ‘operating’ on a physical condition.”
Dr. Roberts provided post-branding care, and society-members were foreclosed from selecting other physicians from such care.
Department of Justice photo of Danielle Robert
Multiple women were branded with a cauterizing tool wielded by a doctor in a secret ritual.
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Yellowstone Spoiler Alert: In one episode, ranchers working at the Yellowstone Ranch engaged in group activity, which if revealed, would end in prison terms for all. The ranchers were asked to prove their fealty by first being branded. Once branded with the ranch’s logo, the ranchers pulled off their mischief, with the understanding that all had sealed lips. Given Dr. Roberts’ situation, one wonders if the fellow ranch hands were practicing medicine without a license. Back to the DOS cult, if Dr. Roberts had taken a pass and sent a “branding iron” to another cult member, would they have been convicted of practicing medicine without a license? By the way, the tools used in Yellowstone were different than those used in NVIXM/DOS. Roberts was alleged to have used a cauterizing pen, as opposed to a branding iron.
In 2020, the founder of NXIVM and the inspiration for the branding logo, Keith Raniere, was sentenced to 120 years in prison.
Finally, another physician lost his license over his involvement with NVIXM.
Brandon Porter, a medical doctor, conducted unlicensed human-subjects research on 200 people for NXIVM. During a “fright study”, Porter exposed subjects to disturbing videos, including actual footage of a decapitation. In 2016, Porter was present at a NXIVM retreat (“V-Week”) where 300 to 400 individuals were struck by an unidentified disease; Porter failed to report the outbreak, in violation of his duties as a licensed medical doctor. Porter was stripped of his medical license in 2020.
The details:
Brandon B. Porter, a former doctor at St. Peter’s Hospital in Albany, violated 40 state and federal regulations, according to an investigation against him by the New York Department of Health. The department’s investigation into Porter found that the doctor not only conducted unlicensed “human subject research,” but that he failed to obtain proper consent from people or keep records from his supposed studies.
Between 2010 and 2017, Porter allegedly performed unsanctioned neurological research on more than 200 “subjects” to study psychological responses to certain stimuli as part of NXIVM’s studies into Tourette’s syndrome, Obsessive-Compulsive Disorder, and “Executive Success Program” for self-betterment, according to the department’s investigation.
In one study, dubbed the “Fright Study,” Porter forced his subjects to watch violent and “horrific” video clips, including footage of four women being dismembered with a machete and a conscious male being forced to eat his own brain matter.
“The Respondent, who knew or should have known that human subjects participating in the Fright Study could have been caused mental pain and suffering, and/or psychological injury while viewing the disturbing and violent actual video and film clips, failed to terminate such study,” the department of health said in its investigation.
Regarding this allegation against Dr. Roberts:
“…she was accused of failing to report the outbreak of an infectious norovirus-like illness at a NXIVM retreat.”
Losing one’s license over that oversight seems unduly harsh.
The take-home point is this. As physicians, our behavior is held to higher standards than the general public. The medical professionals in this cult seemingly avoided prison time. But their careers as physicians seem to be over.
What do you think?
Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.
“Can Medical Justice solve my problem?” Click here to review recent consultations…
all. Here’s a sample of typical recent consultation discussions…- Former employee stole patient list. Now a competitor…
- Patient suing doctor in small claims court…
- Just received board complaint…
- Allegations of sexual harassment by employee…
- Patient filed police complaint doctor inappropriately touched her…
- DEA showed up to my office…
- Patient “extorting” me. “Pay me or I’ll slam you online.”
- My carrier wants me to settle. My case is fully defensible…
- My patient is demanding an unwarranted refund…
- How do I safely terminate doctor-patient relationship?
- How to avoid reporting to Data Bank…
- I want my day in court. But don’t want to risk my nest egg…
- Hospital wants to fire me…
- Sham peer review inappropriately limiting privileges…
- Can I safely use stem cells in my practice?
- Patient’s results are not what was expected…
- Just received request for medical records from an attorney…
- Just received notice of intent to sue…
- Just received summons for meritless case…
- Safely responding to negative online reviews…
Jeffrey Segal, MD, JD
Chief Executive Officer and Founder
Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.
Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.
Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.
In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.
Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.
What do you think of activities outside the OR being held to a higher standard?
I worked at a Beverly Hills surgery center for many years, and all visiting plastic surgeons were charged my fee as part of their global billing for doing cases there. So as a fiduciary, the surgeon owner was to simply pass my fee along to me.
Instead, he kept over $75,000 and used it to finance a lavish lifestyle with a young girlfriend, fancy cars, trips to Vegas, and “investments“ in other medical businesses. (one year later, he closed up shop and bounced checks to all the regular staff.)
I’ve made a formal complaint to the Medical Board of California, citing dishonesty, fraud, and unethical practices but haven’t heard back as of yet. While it is not malpractice to a patient, it IS business malpractice to me, and I consider the MBC as my physician union and thus protective of me (and any other future physician) from falling prey to this surgeon’s ethics.
I know my SAG union would vigorously respond!
I find it interesting that branding is not okay but tattooing is.
How are the medical boards going to punish activities that have demonstrated significant harm such as myocarditis from Covid vaccinations.
Physicians knew or should have known based on early reports that the MRA technology was not the same as, or as safe as traditional vaccination methods.
Americans were denied, treatment with medications that have proven safe and effective against Covid.
Vaccines against Covid now have efficacy rates below 50% (at 33% they would be no more effective than placebo). Their duration of action is now thought to be 3 months or less, far less than flu vaccinations. Plus Covid has evolved into a mild respiratory disease.
Medical boards are prepared to severely punish branding, even though many would consider that to also be a form of body art.
Since medical board punish physicians with grand over reach (though they seem really lenient to impaired physicians), for these kinds of offenses, and others are far less punished, one can simply state that it seems as though medical boards are arbitrary and capricious.
When looked at through the Covid lens, and their prevention of physicians from using effective drugs against Covid, they were criminally derelict in their duty and complicit in the deaths of over a million Americans from Covid.
How does this square with the harsh treatment of this physician involved in branding.
The physician did not kill anyone, and the participants were all willing.
The behavior may be abhorrent to most of us. But stripping a physician of their license seems extreme. Continuing education okay. Some sanctions maybe, but execution of one’s medical license and career? Outrageous.
The medical licensure board’s existence is for regulation of physicians in their practice of medicine. Branding isn’t the practice of medicine.
The fact that the standards applied by boards vary from case to case and the punishments meted out widely vary from case to case, supports the idea that the medical board’s actions are arbitrary and capricious.
Is the board’s action going to have a deterrent effect upon other physicians in a cult? No. Is the medical board now going to prevent physicians from participating in cults too (as abhorrent as that is to most of us)? We live in a free society where all kinds of people do all kinds of crazy things. We may not like it. But they voluntarily do these things. I’d suggest that the physician had poor legal representation, since this seems like first amendment rights case. Maybe on appeal she’ll have better legal representation. Perhaps the ACLU will take her case.
Thank G-d I am retired and don’t have to read medical board newsletters any more.
As far as the Dr. Porter case of showing horror movies to cult members.
The scene of feeding a conscious patient a piece of his own brain, is right from a scene in one of the Silence of the Lambs movies.
I am assuming the subjects watching these films watched them voluntarily.
While shocking and again abhorrent to most of us, is that a medical issue?
Were the participants willing subjects? It seems so. They were not strapped down, and could leave if they wanted, presumptively. The Dr. did not publish this as medical research.
So again, while horrific and not necessarily socially acceptable to most of us, did this violate any law or medical regulation? Not necessarily. Was any harm proven against the participants? Many people like watching horror movies, like Saw. These could have been horror movie aficionados for all that we know.
Again, there is a price we pay for living in a free society.
People will do and say things we may not like, but they have the freedom to do so.
The board’s actions in this case truly seem like they are on a slippery slope.
Would they have similar actions against a physician participating in an orgy?
What if the participants were not using condoms and there was a hepatitis B, or C outbreak as a result.
Would the physician lose his or her medical license because of sexual kinks in their private life?
While most of us, are very circumspect in our private lives, because we are “held to a higher standard”, not everyone behaves this way.
I was witness to two different physicians (both now deceased) at different times having fights in a hospital parking lot with their respective spouses over the sexual affairs they were engaged in.
Should those physicians have lost their licenses over those offenses. They violate the Ten Commandants. But does that rise to the level of losing medical licenses?
I leave that to others to determine.
If you play with the devil, you may get burned, or end up in hell. Yikes!
There are very unfortunate antecedents for this kind of group humiliation. During his sophomore year at Harvard, Unabomber Ted Kacyinski signed up for a 3-year program to study “humiliation” under a supposed scientist named Henry A. Murray. What they did to Kacynski is not well documented, probably for obvious reasons.
This was likely a project sustained if not paid for by Government. It is likely that Kacynski had pre-existing psychotic illness that was not evaluated, discussed or considered during the “experiment.”
If I were to guess, the main reason why Kacynski was not facing the death penalty was not just because of his brother refusing to testify if he had, but also the “realization” that Murray’s abuse of his subjects would come to light and reflect badly on both Harvard and our Government.
Harvard has been considered a “cornerstone” of higher education for most of the years of its existence. It is the cause of absolutely no sadness that I would not have academically qualified for admission.
As to Medical Board punishment of a physician because she engaged in a strange quasi medical process for a leader who undoubtedly himself had psychotic tendencies, I am sorry she lost her license. I make two points: She should have recognized this “leader’s” psychosis; and as a result of this “mistake” took part in a really weird quasi medical ceremony.
A double pox for her lapses in judgment. False adulation frequently exacts a charge, sometimes also paid by ancillary participants.
Michael M. Rosenblatt, DPM