California Medical Board to take action against Modesto doctor. How the process works
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Allegations against a Modesto doctor have called attention to a state agency responsible for protecting patients.
Last month, the Medical Board of California proposed disciplinary action against Dr. Robert Altman, the president of Gould Medical Group, over allegations of sexual exploitation and misconduct.
The state board is responsible for physician licensing and has a vision of being the leading consumer protection agency for preventing harm to patients and advancing safe, high-quality medical care.
Altman, an obstetrician-gynecologist, faces allegations of inappropriate touching and physical contact with patients for nonmedical purposes. Two patients said in complaints the incidents occurred during examinations performed by Altman in 2020 and 2017.
One longtime patient also described a pattern of hugging and excessive touching that continued even after the woman complained to nursing assistants who worked with the doctor. Investigators concluded that Altman was subject to disciplinary action for sexual exploitation and misconduct, as well as gross negligence.
Altman can request an administrative law court hearing to contest the allegations or he can wait for a final decision by the Medical Board. A Sutter Gould Medical Foundation spokesperson said Wednesday the group had no additional comment on the Medical Board accusation “out of respect for the confidentiality inherent in an ongoing investigation and in compliance with state and federal law.”
Sutter didn’t comment on whether any patients now seen by Altman are informed about the sexual misconduct accusation or if a chaperone is provided for patient examinations.
Attorney Ray McMahon of Irvine is representing Altman. “Our response is we don’t litigate through the media and the allegations of misconduct are completely false.” McMahon said. “He is going to be vindicated when the matter proceeds to a hearing and evidence is introduced.”
McMahon said the Medical Board could dismiss the case without a hearing. The matter is not set for hearing at this time.
The potential penalties against Altman could be license revocation, suspension, probation, administrative fines or a public reprimand.
The Medical Board, consisting of eight physicians and seven public members, often is criticized when findings of serious wrongdoing or incompetence result in probation for licensed physicians, allowing them to continue seeing patients. On the other hand, Altman has plenty of patients who are vocally supporting him.
Physicians placed on probation are expected to comply with terms designed to protect patients such as practice monitoring, use of chaperones and education.
Typically, an OB-GYN has office appointments with 175 patients per week, including expectant mothers needing prenatal visits every four weeks.
Last week, a story about the accusations against Altman drew 90 comments on The Modesto Bee’s Facebook page, most of them from patients supporting the doctor.
Andrea Castillo wrote that Altman delivered two of her babies. “When I had to leave his care due to insurance with my third, I cried because I didn’t want to leave his care. He was always very compassionate and I felt safe with him,” her post read.
Another patient wrote that Altman hugged her “after every appointment, but it was done in a compassionate, platonic way. I struggled through a high-risk pregnancy and he was beyond supportive. He was at both births and I had a great experience.”
How complaints are filed with Medical Board
The Medical Board has an online process for complaints of misconduct, negligence, incompetence, inappropriate prescribing, drug abuse, fraud and health and safety violations.
Marian Hollingsworth, a patient advocate with Patient Safety Action Network, said complainants should obtain a copy of their medical record as soon as possible so the facts remain clear and they can read the doctor’s notes.
“Everyone has a right to a copy of their records,” she said. “You need to know what the doctor has written about you,” because that’s considered in a board decision.
A person filing a complaint should hear from Medical Board staff within 10 days. But then six months most likely will pass before hearing if an investigation is moving forward. Following an accusation with findings of the investigation, it can take a year or longer for a board decision on disciplinary action.
About 4% of cases lead to disciplinary penalties. “Many would like to see a faster process,” Hollingsworth said. “It puts both sides in limbo for quite awhile.”
The Medical Board’s enforcement program received 9,521 complaints statewide in the 2022-23 fiscal year, which was down from 9,943 the previous year. About half the complaints were claims of gross negligence or incompetence and 20% alleged unprofessional conduct, a category that includes sexual misconduct and other violations.
After the complaints were reviewed, 1,080 were referred for investigation. An annual report said 230 cases resulted in accusations of wrongdoing and 91 completed investigations were referred to the Attorney General’s Office for action.
In that year, 85 physician licenses were surrendered or revoked, 146 physicians were placed on probation and 75 received a reprimand, while 195 were ordered to pay administrative fines.
Gross negligence or incompetence were most often the reason for disciplinary action. Thirty-seven doctors were disciplined for drug or alcohol abuse, 30 for inappropriate prescribing of drugs and 13 for sexual misconduct.
According to the limited available data for 2023-24, the enforcement program received 9,715 complaints, and it took on average 271 days to complete an investigation. Legislation signed into law last year will create a complaint liaison unit to coordinate communication between the patient and investigators during the enforcement process.
