Dialogue Volume 13 Issue 4 2017 - Page 74

DISCIPLINE SUMMARIES On April 11, 2016, the Discipline Committee found that Dr. Einstoss committed an act of professional misconduct, in that he engaged in sexual abuse of patients; and he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reason- ably be regarded by members as disgraceful, dishon- ourable or unprofessional. an appointment or Dr. Einstoss would call her to tell her to come in to the office, if she wanted her medications. Patient A testified that if she didn’t go into the office and have sex with Dr. Einstoss, she wouldn’t get her medications. Patient A recalled attending Dr. Einstoss’ office occasionally for medical appointments. During those instances, Dr. Einstoss would often tell her to come back after hours and they would have sex at that time. Patient A testified that Dr. Einstoss made her feel she couldn’t tell anyone about the sexual en- counters and she felt she could do nothing to stop them. Because of the sexual encounters, Patient A ultimately no longer felt comfortable seeing Dr. Einstoss as her doctor. When she called Dr. Einstoss’ office to request her medical records, she was told he had retired. She was never able to obtain her medical records. Sexual Abuse of Patient A Patient A is a middle-aged woman who began seeing Dr. Einstoss as her sole family physician in her late 20s. Dr. Einstoss provided psychotherapy for her mental health issues and prescribed medications for her, including narcotic medications. One Decem- ber while she was his patient, Patient A had taken a Christmas gift to Dr. Einstoss, who responded by giving her a kiss. Eventually, during subsequent appointments, Dr. Einstoss started touching Patient A inappropriately, leading to sexual intercourse in his office. Patient A testified that although she would attend Dr. Einstoss’ office for psychotherapy appointments, he never provided any therapy. Instead, Patient A would have sexual intercourse with Dr. Einstoss on the floor, using a sleeping bag he kept under his examination table. Patient A’s sexual encounters with Dr. Einstoss at his office occurred roughly every two to four weeks for about three to four years. Patient A would usu- ally arrive at Dr. Einstoss’ office at 4:30 or 5:00 p.m. She would stay in Dr. Einstoss’ office with him until about 7:00 p.m. After having sex, the two would sit on the sleeping bag and he would have “a couple of drinks” containing vodka. They would then both leave to go home. Patient A testified that she would either call for Sexual Abuse of Patient B Patient B saw Dr. Einstoss for mental health issues and substance abuse issues. Dr. Einstoss provided frequent psychotherapy sessions and prescribed medication for Patient B in her late teens and early 20s. Patient B testified that, in 2009, she was heavily self-medicating on a daily basis and was worried she had damaged her liver. She therefore made an ap- pointment to see Dr. Einstoss. A \\[Y[ Z[^[Z[Y]Y[[ܙ\Yܚˈ[H[HX܈H\ B[]Y[\\\YYH]Z[šYܙ\Y\[܈^X[K][Z]Y\X\\ŠK]Y[\YYY]H[Y]\]Z[8']\\]H^][x'BHܙ\[H\[]Y\\BY[YYYYX[HX\\K]\X\]Y[\[Y[ ]Y[Z[]H\[Y[[[[ ]\Z[YY\\YYX[ۘ\B[XY\X]\؛[\]\YYX[XXH[]HZYH\[Y Z[B\Y\ܚ]HH]\XH]\Y\[š\\X\\]Y\XHY \[BܙHY][\]][YH\] Z[]Y[&\š[[\H[ZH\Hو\ܙ]\]Y[\YYY]H[Z[[TSӈRS”PPHUSӎܛ۝TPHшPPN[\[XXH X\\JBPTSSԓPUSӎ\XX[[][[K[Y][ۜ[YY [\YۈZ[Z[BPSQHTQH  M