Doctor Charged After Female Patients Allege Misconduct

The attorney general’s office has accused a former Kaiser Permanente doctor of sexual misconduct and gross negligence in his treatment of five female patients, according to court records.

Though these patients came to see Dr. Bharat Lall for complaints varying from neck pain to excessive vaginal bleeding, the pattern of alleged misconduct in all the cases is strikingly similar. In each case, Lall, who now works at Scripps Ranch Medical Clinic, would administer an exam that included a massage while he stood between the patient’s legs, sometimes pressing his body against them as they sat clad in paper examination gowns.

Asked whether Lall, 39, committed acts involving sexual misconduct with his patients, his attorney, John Murphy, said: “He does have complaints against him by women patients, yes. Of 35,000 patients he treated in the last five years, he had some complaints against him.”

Deputy Atty. Gen. Sanford Feldman declined to comment on Lall’s case.

Kaiser spokesman Jim McBride said the health maintenance organization suspended Lall from seeing patients after Kaiser received complaints and conducted its own investigation, the results of which were reported to the authorities.

“We received complaints regarding Dr. Lall’s conduct in the late 1980s. Taking into account his rights as well as the welfare of our patients, we investigated the complaints in a timely fashion, counseled him, warned him, and began to monitor his behavior,” said Jim McBride, a Kaiser spokesman.

“At the conclusion of our investigation, we suspended him from seeing patients and he subsequently resigned from the medical group. We then reported it.”

Lall’s case is the third case involving a physician and sexual misconduct during recent weeks in San Diego County.

“We are seeing more victims coming forward and there are increased resources to deal with these kinds of cases,” said Feldman, referring to the recent spate of these cases.

“Either sexual assault is up everywhere or people are more sensitive and coming forward more quickly,” said Janie Cordray, spokeswoman for the Medical Board of California, which disciplines doctors.

Across California, there were 26 incidents sexual misconduct involving a doctor in 1991--or 18% of all disciplines against doctors involved sexual misconduct. In the same year, there were 23 psychotherapists involved in sexual misconduct, or half of all disciplines against psychotherapists. Figures are not yet available for this year.

During a hearing next Wednesday, the attorney general’s office will ask for a revocation of Lall’s license to practice medicine--the maximum penalty in such cases.

“I don’t believe the attorney general has enough evidence or facts in this case to get the findings they want,” attorney Murphy said. “I feel very close to Dr. Lall, I think very highly of him. Nothing is frivolous in these types of cases because people were concerned enough to complain and we respect that; if a patient has a complaint, Dr. Lall wants to do whatever he can to resolve it.”

Lall did not return phone calls to his Scripps Ranch office. Lall has been licensed to practice medicine since July 30, 1984, records show. The license was initially issued to him under the name Patel, but was changed after the doctor changed his name to Lall in 1986.

Scripps Ranch Medical Clinic officials and Dr. Jack Wasserman, a supervisor of Lall at the clinic, did not return phone calls.

Four of the alleged incidents occurred between 1986 and 1989, while Lall was employed at Kaiser.

On Jan. 25, 1989, a 27-year-old patient visited Lall at Kaiser for a follow-up of a thyroid blood test and a shoulder problem. Lall asked the patient to undress to the waist, giving her a paper gown to wear.

Lall then directed her to sit at the end of the table with her legs spread, according to the medical board’s accusation. Lall stood between the patient’s legs, reaching around her to examine her back, and pressing his body against her.

During the exam, the paper gown fell off, exposing the patient’s right breast, according to the accusation. At that point, Lall questioned the patient about her breast and proceeded to examine it and her right side.

Next, Lall asked the patient to stand up while he stood directly behind her. He then asked her to bend over and to move her arms while he bent his body over her back, according to the accusation.

Shortly after this alleged incident, Lall left Kaiser and joined Scripps Ranch Medical Clinic, where a fifth case of sexual misconduct allegedly occurred.

In that case, a 24-year-old woman saw Lall in June, 1989, because she had a severe headache, according to the accusation. Lall directed the patient to put on a paper gown and sit, legs apart, on the edge of the examining table.

Lall positioned himself between the patient’s legs and asked her to bend forward, which she didn’t do because she thought there was not enough room to do so without touching him. Lall then pulled her toward him until her head was on his shoulder and her body was against his, according to the accusation.

At that point, he began to message her back and sides by reaching over and around her. When he pressed his body against her, she moved back, according to the accusation. Lall asked the patient if she felt uncomfortable and she answered that she did. He then began to give her a massage while standing between her legs. He asked her to move closer and closer to him, before stepping back to discuss massage therapy.

Next Lall sat behind the patient, straddling the examination table, and massaged her lower back and buttocks, according to the accusation.