Kansas And Missouri Professional Licensing Attorney Warns Healthcare Practitioners of Potential Disciplinary Pitfalls

Many healthcare professionals have formed the opinion that childhood vaccinations are detrimental to children. The debate has raged for some time now. For one California pediatrician who not only ascribes to the belief that children should not be vaccinated but is a vocal advocate for eliminating the practice, the specter of disciplinary action is quite real. The L.A. Times recently reported that Dr. Robert Sears could face disciplinary action from the Medical Board of California for his decision to discontinue vaccinating a school-aged boy.  The Board filed the complaint against Dr. Sears on September 2, 2016.   The case has the potential to set a precedent for other medical licensing authorities across the United States.  Kansas and Missouri professional licensing attorney Danielle Sanger zealously advocates for healthcare providers who face disciplinary action.

According to the L.A. Times article, “Dr. Sears is one of the leading voice in the anti-vaccination world.”  Many parents who do not want their children to be immunized go to Dr. Sears for advice. Dr. Sears faces disciplinary action for writing a medical note on behalf of a two-year-old boy who was entering daycare. The note specifically stated that the boy should not have any additional vaccinations while he is of school age.  Dr. Sears now faces discipline for that decision.

Consequently, the Medical Board of California filed an accusation seeking professional discipline against Dr. Sears. In its accusation, the Medical Board of California alleges that Dr. Sears committed gross negligence, repeated negligent acts, unprofessional conduct, and insufficient record keeping when writing the note for the boy without previously examining the child. The Board alleges that the doctor wrote the note for the child after only receiving an oral history about prior vaccinations and anecdotal information from the child’s mother concerning the child’s reaction to his previous vaccinations.  Additionally, the child’s mother sought treatment for her child regarding head trauma and a cold. Dr. Sears merely indicated in his records that the child had a mark on his head and treated the child’s cold with garlic without further testing.

According to the Medical Board of California, Dr. Sears actions require discipline.  The Medical Board of California seeks suspension or revocation of Dr. Sears’ license or, in the alternative, requests that Dr. Sears’ license be subject to probation. The Medical Board of California also requested that Dr. Sears no longer have authority to supervise subordinate healthcare providers. The Board alleges that Dr. Sears’ failure to fully examine the child before writing the note excusing the boy from further vaccination requirements was grossly negligent. The Board alleges that the standard of care in the profession obligates a physician to examine the child fully for possible adverse reactions to vaccinations. Additionally, the standard of care in the professional demands that a physician obtains a full medical history of the nature of the previous vaccinations as well as a detailed description of the physical reaction the child suffered.  More significantly, the failure to obtain a full medical history prevented Dr. Sears from having all of the critical information necessary to make an informed opinion regarding the decision to order no further vaccinations. The Board argued that the doctor’s failure to adhere to the standard of care in the profession potentially endangered the child and his mother from exposure to preventable communicable diseases.

While many applaud the California Medical Board’s decision to pursue disciplinary action against Dr. Sears, others fear that the pursuit could result in a “witch hunt” for other anti-vaccination doctors in the U.S.  Many criticize the decision as interfering with a physician’s ability to treat their patients properly.

Experienced Advocate For Healthcare Professionals

Missouri Professional Licensing Attorney Danielle Sanger vigorously defends healthcare professionals, as well as other professional licensees, against professional discipline.  Call Attorney Sanger today at 785-979-4353 for a free consultation and learn how Attorney Sanger’s experience will make the difference for you.

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