Facts: Our client IM, hired firm to assist him in responding to a complaint filed against him by TMB. The complaint alleged that he was aiding and abetting nonmedical staff in the practice of medicine at the medical spa where he worked as medical director. There was video evidence of a nonmedical employee injecting a substance into a patient’s face and lips. There were further allegations that he was not conducting appropriate physician- patient visits and that he was not qualified to perform certain procedures.
Outcome: During an informal conference in front of a board panel, Bertolino LLP, argued that IM did not aid or abet anyone in the practice of medicine. We explained that the video was created without IM’s consent or knowledge. That the injector in the video was the CEO of the medical spa and the patient was the spa’s marketing director. We provided a statement from them that the video was meant for marketing and advertising purposes, and nothing was actually injected into the patient. Further, we provided a witness statement that corroborated IM’s statements regarding what he allowed nursing staff to do during patient visits and records of his past training in certain procedures. After the conference, the board dismissed the complaint and closed the matter.