dr mohammad diab

California Doctor suspended for sexually engaging

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Published: 23 July 2017

Posted by: Isaac P. Cottingham

A California orthopedic surgeon, 48 years old, has been suspended for 60 days and kept on seven years of probation by the medical board of California for being sexually involved with a female patient.
To protect the identity of the patient, patient will be referred to as CA here.
The doctor engaged in a sexual relationship with patient CA and is thus subjected to disciplinary action for unprofessional conduct under section 2234(b). He had also been treating two minor children of the patient CA.
The events took place in the following order:
CA relocated to Europe from California in October 2004; however, CA chose to have her family’s medical issues treated by the doctors in the United States, including Dr. Mohammad Diab.
Around April 20, 2005, CA and her husband were referred to Dr. Diab to assess and treat their daughter’s (SA) symptoms of hip dysplasia. He opted to treat SA with non-surgical methods for around two years, however, CA and her husband ultimately chose to have the doctor perform surgery to treat SA’s hip dysplasia.
While doctor was treating SA, CA also mentioned to him that she also experienced hip pain. Around July 15, 2005, doctor ordered her to have a roentgenogram (a radiographic x-ray) so that he could diagnose if there was hip dysplasia. That same day, Dr. Diab reviewed the test results and affirmed that CA actually had hip dysplasia. He suggested hip replacement or periacetabular osteotomy surgery as the two solutions to her problem. CA wanted time to process the information and said that she would take a decision by the time of her daughters follow-up appointment, which was scheduled in six months.
Around February 6, 2007, Dr. Diab performed surgery on SA’s left hip and she continued to see him for follow-up care.
During SA’s appointments with the doctor, he would give more attention to CA, took general interest in her and started discussing family and life with her. He himself tried to schedule her appointments instead of having it done by the staff.
Around March 30, 2007, Dr. Diab met CA to discuss her October 2005 x-rays and the possible treatment modalities. CA said that she needed more time and wanted her family to return from Europe first.
Around February 14. 2008, surgery was performed on SA’s right hip.
Around April 1, 2008, periacetabular osteotomy was performed on CA.
Around April 18, 2008, doctor met CA for a post-surgery follow-up. He noted no difficulties and scheduled another follow-up in six weeks.
Around May 7, 2008, Dr. Diab phoned CA at her home and said that he was shocked to know that she was leaving for Europe. He said he wanted to have more time with her. Later, in the day they texted and exchanged email addresses. They began sending emails to each other.
Around June 26. 2008, CA returned from Europe for a follow-up appointment with Dr. Diab. Before CA came back to the United States, she and doctor had talked on the phone and the doctor had thought of sending his family out for the weekend. As soon as CA entered the medical office, doctor started hugging and kissing her. At one point, doctor was only in his underwear and CA was wearing just the shirt and underwear. The doctor was examining CA’s hips’ range of motion while both of them were partially naked.
He ordered CA to continue physical therapy with him and scheduled follow-up appointments in September/October 2008 with x-rays. He later asked her to go to his house in the afternoon. In his interview with a Medical Board investigator on April 30, 2012, he admitted that he kissed and hugged CA in his office.
Later that day, CA went to doctor’s house where they had sex. Doctor cooked dinner later and they talked for quite some time. CA and doctor saw each other on multiple occasions over the weekend before she went back to Europe. Doctor saw CA on the airport when she had to depart and said that they should be together and think of marriage.
Doctor and CA continued to exchange emails every day while she was in Europe, and planned a trip to London to meet, in August 2008.
Around four weeks before CA had to meet doctor in London, she told him that she was pregnant with the third child. Doctor and CA still met in London on August 20, 2008 through August 22. 2008. Dr. Diab has admitted that they engaged in sexual intercourse on this trip.
CA faced complications in her pregnancy, and thus came back to the United States, but they both didn’t speak for six to eight weeks.
In April 2009, CA’s son (JPA) was born. Within three weeks of his birth, doctor called CA and her son to determine if he had any genetic hip dysplasia as his mother and sister. During this time, doctor and CA had oral sex while her son was seated back in the car in the hallway of the office.
CA and the doctor continued their romantic relationship till around March 12, 2010. The doctor accidentally called his wife when he was with CA and their relationship ended around this time.
Doctor’s acts with respect to patient CA became a cause for disciplinary action against him for unprofessional conduct under section 2234(b) [gross negligence].

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