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Friday
Aug172012

Dr. Biter Judgement Posted

Public Record Action(s): Limits on Practice

                                           Probation with Suspension

The Limitations Include:

- Suspended from practice for 60 days

- Has to take a Prescribing Course and has to pay for it and it doesn't go towards his CEUs.

- Has to take a Wrong-Site Surgery Course, has to pay for it and it doesn't go towards his CEUs.

- Has to take a Medical Record Keeping Course, has to pay for it and it doesn't go towards his CEUs.

- Has to take an Ethics Course, has to pay for it.

- Has to take a Clinical Training Program, has to pay for it and it doesn't go towards his CEUs.

- Has to be Monitored by an OB who he's not ever worked with and he has to pay all costs for the monitoring for the entire 7 years of his probation. The monitor is to be with him at all times he is practicing and to submit quarterly reports for the duration of the probation.

- He is not allowed to practice in a solo practice even if that is in a practice with others in the same office. He is required to always be in a multi-practice.

- He is not allowed to be overseen by Physician Assistants.

- He is not allowed to operate in any home unless there is another legal OB/GYN there with him.

- He is not allowed to leave CA for more than 30 days without letting the Medical Board know about it.

- There are several different pieces about non-practice... periods of time of if he's not practicing he has to announce it to the Medical Board and forfeit his license.

- He has to pay for all costs of probation monitoring.

- He signed this on May 15, 2012. The fetal death was July 1, 2012, but this probation doesn't go into affect until Sept 7, 2012.

So, there we have it.

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Reader Comments (12)

Frankly, I think he got off very lightly. I'm willing to bet he will find a sympathetic OB/GYN who will let him do pretty much what he likes -- if not immediately, within a fairly short period of time. And eventually, there will be another incident.

Suspension, or revocation of his license would have been a better outcome.

August 17, 2012 | Unregistered CommenterAntigonos CNM

I hope that all of this re-education, monitoring, and restrictions will help that man practice more safely. That is the intent of all those provisions. The state is aware of this fetal home birth death, right? I'm curious how this might weigh in to the current limits of his practice.

August 17, 2012 | Unregistered CommenterLaura

Just think...if the restrictions had been immediately effective in May, the tragic event in July may never have occurred. Timing is everything I guess. I don't understand why those restrictions would not be immediately effective if the board has already determined the physician to be unsafe.

August 17, 2012 | Unregistered CommenterGUEST

I hope that all of this re-education, monitoring, and restrictions will help that man practice more safely. That is the intent of all those provisions. The state is aware of this fetal home birth death, right? I'm curious how this might weigh in to the current limits of his practice

It's worth remembering that by the time he first was suspended from the hospital where he had been admitting his patients, he already had accumulated 6 malpractice suits in only a few years of practice. He may be a nice guy personally, charismatic, etc. but he's also a loose cannon. However, I've seen, in my career, that doctors tend to close ranks around a colleague and protect him unless he really screws up. "There but for the grace of God go I" and so on. People like him rarely change; he'll do what the court requires, and then most likely resume his antics. He will just try a bit harder not to get caught again.

August 17, 2012 | Unregistered CommenterAntigonos CNM

This man is sick, mentally sick!! It is sad to see someone have such a downward spiral. But he is a pathological liar and narcissistic man who lies to everyone to cover his ass. He does not have women and babies as his main priority. That has become evident. He has a gift of slandering anyone who finds out the truth about him and walks away. He owes practitioner ten of thousands of dollars. Every practitioner that has practiced with him is very well liked and provides excellent patient care. They all have left within a years time. Doctors and midwives alike. You can only hide that your are seriously crazy for so long. I just wish these practitioner would speak out of the behalf of families, moms and babies. This man needs to be punished and put in prison!

August 17, 2012 | Unregistered CommenterLonghorns

NO ONE closed ranks around this guy. He was an outcast for several years, and had hospital privileges revoked where I had my DS. Sadly, the NCB crowd had a protest for him, just like they always do for killer MWs- even with all those malpractice cases pending. He had some patients that liked him, as all killers do, but the general opinion was that he was dangerous.

Docs and hospitals had been staying away from him, which is why the NCB/HB crowd thought he was being "persecuted". They thought it was because he was a NCBer, but it was because he is a bad doc. (I lived in San Diego and was preg when he first got his privileged revoked, and recall all the hoopla)

Personally, I think he should have his license revoked. In practical terms, I doubt he will be able to practice anymore- no docs would work with which is why he was doing HBs. I cannot imagine any group letting him in, it would kill their malpractice rates. Which is how you stop bad docs, even without revoking license.

I wish the family that lost their baby had known about him, and I wish his suspension had started much sooner. A life would have been saved if it had gone into effect ASAP, instead of letting him harm people for months.

August 18, 2012 | Unregistered Commenterstaceyjw

I'm not sure he's getting off lightly, Antigonos. I actually think this spells the end of his OB/gyn career in California. The "no-solo practice" provision is going to be very, very hard for him to meet, I suspect. He hasn't exactly endeared himself to San Diego-area OB/gyns, and thanks to the Biter publicity machine, anyone out of the area who does any due diligence at all is going to find out about his history.

Who's going to agree to have a doc with his history--not just the MBOC action and the med-mal cases, but the "doesn't play well with other docs" attitude so in evidence in his interviews--in a group practice with them? And does anyone know if he even carries med-mal anymore?

August 18, 2012 | Unregistered CommenterSquillo

Ending his career in California, alas, does not mean his career is actually ended. I've known doctors who re-established themselves in other states, especially those who claim to have been "victimized by the system". He can also always advertise himself not as an MD, but as a male midwife, especially in states with little or no supervision over midwifery.
There will always be some in the NCB crowd who feel he's been unfairly treated, and the charges were "trumped up", as those supporters of the killer midwives like to claim. As with Andrew Wakefield, he can always turn himself into a martyr.

August 19, 2012 | Unregistered CommenterAntigonos CNM

Any word on how all the Biter fans in SoCal are responding? Or did they all figure him out too?

August 23, 2012 | Unregistered Commentermarti

I am shocked by all of this, as I am a previous patient of Dr Biter's and have since moved out of state. I had a wonderful experience with Dr Biter at Scripps Encinitas before the events of his dismissal there.
I just read the details of his probation and such here: http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20120815\DMRAAAEC9\&did=AAAEC120815231738061.DID&licenseType=A&licenseNumber=77870#page=1
Before reading through the details, I would have stood by him through anything.
I had no idea that patients were being mistreated, and procedures done without consent, etc.
Honestly, I did have a great experience with Dr. Biter, and he was genuinely caring and supportive in a way no other doctor was. However, that doesn't mean he is safe - and after reading more I am convinced that he is not. I am saddened by this, and wish him the best, but I feel the verdict was just.
Heartbreaking, both for the patients and for him. I hope he is able to complete his probation and get up to par with the expectations of his license, so he can use his gift because he does have one. I will not deny that, ever. I will say, though, that he does not meet the standard of an obgyn and it is sad to see his gifts misused. Tragic.

August 28, 2012 | Unregistered Commentermichelita

michelita: Believe me, it saddens me greatly, too. It breaks my heart.

August 29, 2012 | Registered CommenterNavelgazing Midwife

Whereas I feel nothing but the deepest empathy for the couple that lost their baby, I must point out that unfortunately babies very much can and do die in childbirth. That child may have died regardless of what medical care his mother or he received. There is simply no way of knowing whether or not having a different doctor and being in a hospital would have changed the outcome.

November 18, 2012 | Unregistered CommenterDesirae

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