Ettinger v. Board of Medical Quality Assurance

135 Cal.App.3d 853 (1982) 185 Cal. Rptr. 601 MARVIN MORRIS ETTINGER, Plaintiff and Appellant,

v.

BOARD OF MEDICAL QUALITY ASSURANCE, Defendant and Respondent.

Docket No. 63045. Court of Appeals of California, Second District, Division Five.

September 16, 1982. [854] COUNSEL

Patrick J. Perry and Newman, Chrisman & Faith for Plaintiff and Appellant.

George Deukmejian, Attorney General, and William L. Carter, Deputy Attorney General, for Defendant and Respondent.

OPINION

STEPHENS, Acting P.J.

This is an appeal from a judgment entered on May 13, 1981, denying appellant's petition for writ of mandate. The sequence of events leading up to the denial of that petition is as follows:

On October 24, 1979, an accusation was filed before respondent, Board of Medical Quality Assurance of the Department of Consumer Affairs of the State of California (Board), alleging that appellant, Marvin Morris Ettinger, M.D., was incompetent and grossly negligent in his treatment of a patient, Solomon Kachok. A supplemental accusation was subsequently filed with respondent on May 30, 1980.[1]

Hearings were held on July 7, 8 and 9, and on October 6, 7 and 8, 1980. The hearing panel issued its proposed decision on November 4, 1980, and the Board adopted it by order dated January 7, 1981. The Board suspended appellant's physician's and surgeon's certificate for one year but stayed the suspension and placed the appellant on probation for a period of one year.

Appellant filed a petition for reconsideration with the Board which was denied on February 6, 1981. A petition for writ of mandate was [855] then filed in the superior court and judgment denying the petition was entered. This appeal followed.