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KOLD 13 News reported on a controversial decision: the Arizona Medical Board (AMB) has allowed Dr. Marco Saucedo, an obstetrician and gynecologist facing sexual assault charges, to continue practicing medicine in southern Arizona. The charges against Dr. Saucedo date back almost six years, but it was only recently that the AMB began considering his future. The OB-GYN's southern Arizona medical office is located at 490 N Carondelet Dr, Nogales, AZ 85621.
The AMB's decision comes after receiving a sexual abuse complaint from a patient in late 2022, which led them to uncover a second complaint filed with the Nogales Police in 2018. Dr. Saucedo is currently facing a total of five charges related to these two patients.
During the board's summary review meeting on Tuesday, February 20, 2024, Dr. Saucedo's attorney, Michele Thompson, stated that he has been fully cooperative with the board's investigation. Thompson also informed the board that Dr. Saucedo has been practicing with a chaperone present during patient visits, as requested by the AMB.
Last April, the board received the initial complaint from a patient who claimed that Dr. Saucedo sexually abused her at a community health center in December 2022. Subsequently, the board's investigation uncovered a prior complaint made to the Nogales Police in April 2018 by another patient who alleged sexual assault. However, the Santa Cruz County attorney did not file charges in that case, citing a lack of new evidence beyond a "he-said, she-said" situation.
The AMB conducted a thorough investigation throughout the rest of the previous year and required Dr. Saucedo to undergo a psychosexual evaluation to assess whether he posed a threat to others. The evaluation, according to Thompson, concluded that Dr. Saucedo is currently safe to practice medicine, as stated by the evaluation team.
Despite the evaluation's findings, Dr. Saucedo now faces felony charges, including sexual assault and sexual abuse, for the 2018 complaint, as well as two counts of sexual abuse and one misdemeanor assault for the 2022 complaint. These charges were only filed earlier this month, leading to Dr. Saucedo's arrest. However, he was not taken into custody and has been summoned to court.
Thompson stressed to the board that Dr. Saucedo continues to deny the allegations and has not been convicted of any crimes. She also highlighted that a probable cause hearing by a judge has not yet taken place to determine whether the charges can proceed against him.
As a condition of the AMB's decision, Dr. Saucedo must sign an agreement with the board within 24 hours, or his medical license may be suspended. Thompson emphasized that Dr. Saucedo has promptly complied with all requirements thus far.
Dr. Saucedo's initial court appearance is scheduled for next week, where the legal proceedings will begin to unfold.
The AMB's decision to allow Dr. Saucedo to continue practicing with a chaperone has sparked outrage and raised concerns among patient advocacy groups and the broader community. The case will undoubtedly attract significant attention as it moves forward, with many eagerly awaiting the outcome of the upcoming court proceedings.
We will continue to closely monitor this developing story and provide updates as more information becomes available.
In a recent conversation, we sat down with Arizona-based sexual abuse attorney Kevin Biniazan to discuss the legal options available to victims who have experienced sexual abuse during exams by obstetricians and gynecologists. Biniazan provided valuable insights into the civil litigation process, shedding light on avenues for seeking justice and holding liable parties accountable. Join us as we uncover the potential legal recourse for victims in this informative interview.
Editor Darla Medina (DM): Thank you for joining us, Mr. Biniazan.
Kevin Biniazan, Esq. (KB): Thank you, Darla. I appreciate the opportunity to discuss this important topic.
DM: In cases of abuse by OB-GYNs, what are the potential avenues for victims to seek justice through civil litigation?
KB: Victims sexually abused during OB-GYN exams have several options when it comes to pursuing justice through civil cases. One common avenue is filing a medical malpractice lawsuit against the liable parties, which may include the doctor, the medical facility, or even other staff members who were aware of the abuse. This allows victims to hold those responsible accountable for their actions.
DM: Could you explain how a medical malpractice claim would work in cases of abuse by OB-GYNs?
KB: Certainly. In a medical malpractice claim, the victim would need to establish that the OB-GYN breached their duty of care by engaging in inappropriate behavior during the exam. This could involve proving that the doctor deviated from the accepted standard of care or violated professional guidelines. Additionally, the victim would need to demonstrate that the abuse directly caused them harm or resulted in physical, emotional, or psychological injuries.
DM: Are there any other legal avenues that victims could explore?
KB: Yes, another potential option is filing a negligence claim. In these cases, the victim would need to show that the OB-GYN failed to exercise reasonable care, resulting in harm. Negligence claims can focus on various aspects, such as improper hiring or supervision of the doctor, inadequate training or policies within the medical facility, or a failure to respond appropriately to previous complaints of abuse.
DM: What advice would you give to victims who are considering pursuing a civil case?
KB: It's important for victims to seek legal counsel from an experienced attorney who specializes in doctor abuse cases. They can provide guidance throughout the legal process, help gather evidence, and advocate for the victim's rights. It's also crucial for victims to prioritize their well-being and seek any necessary medical or emotional support.
DM: Thank you, Mr. Biniazan, for sharing your insights and expertise on this matter. We appreciate your time and valuable input.
KB: Thank you, Darla. It was my pleasure to contribute to the discussion.
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