Dr. Stuart Fischbein

Dr. Stuart Fischbein to continue on probation

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Published: 13 August 2017

Posted by: Kimberly T. Ross

Dr. Stuart Fischbein had his bid to end probation turned down after it was found that his sexual relationship with a patient was the subject of a movie script project. It is to be noted that this was only part of the reason why it was turned down, however. The Camarillo doctor had been placed on a seven year probationary period by the Medical Board of California in 2007. The reason for this was that he had allegedly had a relationship with a patient. The obstetrician-gynecologist was convicted in a misdemeanor case involving the same patient by the Los Angeles Superior Court. According to court documents, he had exploited the patient sexually.
In 2009, Fischbein asked the board to end his probation early, even though he had only served 2 years of the probation period. Accordingly, the board in April refused to comply with his request. The official statement for turning down his request was that Eric Sawyer, Administrative Law Judge said that he wasn’t convinced that Fischbein was rehabilitated. He said so in Los Angeles after a hearing in January. Sawyer acknowledged in his decision that he Fischbein had completed three programs on ethics and boundaries as he was asked to do. He had also been using a third party chaperone whenever he saw female patients. All the other terms of the probation had also been complied with, according to Sawyer. Still, he wasn’t fully convinced that Fischbein had learned from his mistakes because the latter had chosen the earliest opportunity to ask for an early end to the probation. He also had not liked that a chaperone had to be there when he saw female patients.
Fischbein has offices in Century City and Camarillo. He provided letters of support from a psychotherapist as well as doctors. He alleged that complying with the terms of the probation hurt his practice, according to findings that were presented in the ruling of the Medical Board. He also said that he was being terminated from health care plans, and that he was being removed from their networks.
In 2007, Fischbein started working with a friend who was a screenwriter on a project. He was the one who came up with the story for the script. The findings in the Medical Board ruling state that this “project” was what became a script that was later titled “Bedside Man”. A trailer regarding the project was put up on the internet. It is said that Fischbein was the one who removed this later. It turned out that he had used real life events as an inspiration for his story.
Peter Osinoff, his lawyer did not make a comment about any of this. All that he said was that his client had the right to appeal the ruling, but also that he hasn’t done that so far. Fischbein himself did not return any phone or email messages about the matter. Osinoff did not have much to say about the movie either. He simply said that he did not want to speak of something that he knew nothing about.
Sawyer also gave the film script project as an example, saying it showed a lack of good judgment. The judge believed that Fischbein did not fully believe that what he did was wrong.
Fischbein had called the patient “sweet pea”, told her she was moving too fast with her fiancée and had held her hand. It started as flirtation, but became an affair. They consummated it twice. He had consensual sex with her 12 days after he performed a surgery on her, in 2005. The doctor was 50 years old at the time. The woman broke off her engagement and the two of them kept in touch by phone. They had sex for the first time when he went to visit her after the surgery, and then a second time when she went to his house to see him.
Fischbein was given seven years of probation. The ruling became effective in October. The Woman’s Place in Camarillo is a midwifery and birth center that he started 11 years ago. He continued to practice there as well as his office in Century City. He was told then that he could ask for his license to be released from probation in two years.
Fischbein was a well-regarded doctor. He was even the co-author of a book on fearless pregnancies. The state’s Board of Behavioral Sciences and Board of Psychology have guidelines for the automatic revocation of licenses in the case of any therapist who has sexual relationships with patients. However, since Fischbein was an obstetrician-gynecologist. The Medical Board of California does not have similar guidelines, which is why he was given seven years’ probation instead. On June 13th, 2006, he was convicted in Los Angeles Superior Court. It was noted when he was convicted that his practice would have met its end had he been a social worker, psychologist or respiratory therapist.

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