Sep 29, 2008 10:08 pm US/Pacific
Call Kurtis: Plastic Surgeon Goes Before Judge
State Going After License of Dr. Brian West
SACRAMENTO (CBS13) ―
At one point during his career, Dr. Brian West battled an alcohol problem and flunked out of the Medical Board's secretive alcohol monitoring program called Diversion.
After several failed audits and a Call Kurtis Investigation pointing out its deficiencies, the medical board voted to abolish the program. Investigators have never provided evidence the plastic surgeon was drunk on the job, but patients he treated say he left them hurt.
Now a judge has to decide whether he should keep his license.
Dr. Brian West appeared emotionless in court and as he walked out of the court house where cameras aren't allowed. He ignored my question, "Any thoughts on how things are going?"
The frosted-haired plastic surgeon is answering to charges that he was negligent in treating three patients, and lied to a state investigator about a drunk driving arrest.
According to the Attorney General's complaint, West showed gross negligence leaving one woman with a significant deformity. It claims West was grossly negligent performing a procedure without one patient's permission. It also alleges he was repeatedly negligent in a third patient resulting in an infection that kept her from healing.
Dozens more patients, several whom he treated while enrolled in the state's now-defunct secretive alcohol monitoring program complained to the medical board he made medical mistakes on them.
Over the past three years some patients told us he left them disfigured for life.
"I live with my intestines on the outside of my body", one patient told us during an interview two years ago.
West settled with this cancer patient for a quarter million dollars. The judge has ordered CBS13 not to reveal her name or the name of any other patient in the complaint while the hearings are underway.
The Attorney General's office originally included this cancer patient in their case against him, but dropped the charge because the seven year statute of limitations ran out.
"It's unfortunate statutes have run out and people have not been able to be included," Linda Starr told me outside the administrative law hearing in Natomas.
Starr claims she too suffered at the hands of Doctor West. The statute ran out on her case too. She sat in on part of Monday's hearing, hoping the state takes away his license.
"I don't feel thus far, he has taken any responsibility for what he's done", Starr said.
Earlier this year, the cancer patient we cannot name under court order lost her battle with cancer. Although she forgave Dr. West before her death, she said this to CBS13 in her final interview.
"This man needs to have his license taken away."
Taking the stand Monday, an expert doctor for the state who testified why he felt Doctor West's work was below the standard of care. West's legal team poked holes in his theories.
Three patients named in the accusation are expected to testify Tuesday.
The hearings are scheduled to last seven days.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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