Saturday, June 2, 2007

Oregon Supreme Court: Portland surgeon must turn over medical records in fondling case

The state Supreme Court decided today that a Portland oral surgeon must turn over to a Multnomah County grand jury unedited medical records of two female patients who were fondled by an anesthesiologist.

Dr. Jay P. Malmquist had refused to identify the two patients fearing that they would not seek further medical care if they knew they had been victims of David O. Burleson. Multnomah County Circuit Judge Ronald Cinnigar agreed with Malmquist and did not require him to identify the patients when Malmquist appeared before the grand jury last year.

After Cinnigar's ruling, the Multnomah County district attorney appealed to the Supreme Court. In its unanimous ruling issued today, the court said that Malmquist did not have to say the names himself but had to turn over the patients' medical records, which would identify them.

Deputy District Attorney Christine Mascal said today that she is summoning the grand jury that heard the case last year to return to the county courthouse to examine the medical records. The grand jury will vote later on whether to indict Burleson on sexual-abuse charges.

Burleson surrendered his medical license in October 2005 after a state investigation into his conduct with the two patients. He admitted to the Oregon Board of Medical Examiners that he had fondled those two patients and others after sedating them.

No comments: