Glover v. Board of Medical Quality Assurance

Opinion

LOW, P. J. Appellant James Glover appeals from a judgment denying mandamus relief in Ms challenge to the revocation of Ms license to practice medicine by respondent Board of Medical Quality Assurance. We affirm the judgment.

On February 9, 1990, respondent issued a decision and order revoking appellant’s physician and surgeon’s license effective March 11,1990. Appellant’s license was revoked for violations of Business and Professions Code sections 2234, subdivision (b) (gross negligence) and 725 (excessive prescribing) in appellant’s treatment of Larry Wood, a patient with a Mstory of alcohol addiction, hallucinations, violence, depression and numerous suicide attempts. Wood was first seen by appellant in 1980 and treated with various prescribed medications until June 1981. Wood returned to appellant’s care on June 10, 1985, when he was living at an alcohol-treatment facility. Appellant took no Mstory of Wood for the period between June 1981 and June 1985 and did not have Wood sign releases for medical records for that period. Had appellant obtained a recent medical Mstory on Wood, he would have discovered that Wood had attempted suicide on antipsychotic medication in 1984; that Wood was self-admitted to a hospital in June 1985 for smcidal ideation; and that Wood had obtained a prescription from another physician for Mellaril and Xanax.

Appellant began treating Wood by prescribing large doses of Mellaril, a tranquilizer, and Elavil, a tricyclic antidepressant, sometimes a month’s supply or more. On May 14,1986, Wood attempted suicide with an overdose of Mellaril and Elavil taken from appellant’s May 1, 1986, prescription. After reducing the dosage level for a short time, appellant went back to prescribing a month’s supply of Mellaril and Elavil in July 1986.

On August 15, 1986, three days after appellant prescribed the increased dosage of Mellaril and Elavil, Wood once again attempted suicide on the drugs. Although appellant received the hospital discharge summary wMch noted toxic levels of Elavil and Mellaril in Wood’s system at the time of admission, there was no change in the type or amount of medication prescribed, except that on September 9, 1986, appellant added Valium to Wood’s usual medications.

[206]On January 2, 1987, Wood again attempted suicide on Elavil, Mellaril and now also Valium. On January 29, 1987, Wood saw appellant. By this time, appellant had received the discharge summary of Wood’s January 2, 1987, suicide attempt. Nevertheless, appellant prescribed the usual dosage of Elavil, Mellaril, and Valium. After appellant once again prescribed these drugs on February 25, 1987, Wood succeeded in committing suicide by overdosing on the prescribed medication the next day.