KAMALA D. HARRIS
Attorney General of California
THOMAS S. LAZAR
Supervising Deputy Attorney General
MARTIN W. HAGAN
Deputy Attorney General
State Bar No. 155553
110 West “A” Street, Suite 1100
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 645-2094
Facsimile: (619) 645-2061
Attorneys for Complainant
MEDICAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Accusation Against:
JAMES WEBBER, M.D.
Physician’s and Surgeon’s Certificate
Case No. 09-2012-224202
1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official capacity as the Executive Director of the Medical Board of California, Department of Consumer Affairs.
2. On or about April 22, 1975, the Medical Board of California issued Physician’s and Surgeon’s Certificate Number 029186 to James Webber, M.D. (Respondent). The Physician’s and Surgeon’s Certificate was in full force and effect at all times relevant to the charges brought herein and will expire on July 31, 2015, unless renewed.
3. This Accusation is brought before the Medical Board of California (Board), Department of Consumer Affairs, under the authority of the following laws. All section references are to the Business and Professions Code (Code) unless otherwise indicated.
4. Section 2227 of the Code states of the Code provides that a licensee who is found guilty under the Medical Practice Act may have his or her license revoked, suspended for a period not to exceed one year, placed on probation and required to pay the costs of probation monitoring, be publicly reprimanded which may include a requirement that the licensee complete relevant educational courses, or have such other action taken in relation to discipline as the Board deems proper.
5. Section 2234 of the Code, states:
“The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
“(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.
“(b) Gross negligence.
“(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.
“(1) An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
“(2) When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1 ), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee’s conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.
“. . .
“(f) Any action or conduct which would have warranted the denial of a certificate.
“. . . .”
FIRST CAUSE FOR DISCIPLINE
6. Respondent has subjected his Physician’s and Surgeon’s Certificate Number 029186 to disciplinary action under sections 2227 and 2234, as defined by section 2234, subdivision (b), of the Code, in that he committed gross negligence in his care and treatment of patient DB, as more particularly alleged herein:
7. On or about May 29, 2008, patient DB, a forty-seven (47) year old male, saw Respondent for the first time. The patient’s goal of treatment was to “Feel Better” and address issues concerning “joint pain” and “weight loss.” Patient DB reported having “a six-year history of progressive decline in vigor” and rated his overall energy at 3 on a scale of 10. Patient DB indicated he had been doing “shift work for the last five years” and reported a weight gain of approximately 60 pounds over the last six years. On physical examination, patient DB’s weight was 253 pounds, height 5 feet 10 % inches, regular pulse of 60, blood pressure of 210/110 sitting and 220/120 standing at the beginning his office visit and blood pressure of 170/120 sitting and 188/104 standing at the end of his office visit. Respondent’s clinical assessment of pati