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News Release — January 26, 2011

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MEDICAL BOARD OF CALIFORNIA


January 26, 2011


Medical Board of California Accusation leads to surrender
of Anaheim physician's license

SACRAMENTO — After being served with a Second Amended Accusation, and Petition to Revoke Probation, Anaheim physician Andrew Rutland stipulated to surrender his medical license. "The mission of the Medical Board is public protection, and this action reflects the Board's ongoing commitment to that mission," said Linda Whitney, executive director of the Medical Board.

Rutland's license was already on probation for previous misconduct, when the Medical Board of California filed a new Second Amended Accusation and Petition to Revoke Probation on July 28, 2010. The Board accused Rutland of violating Business and Professions (B&P) Code sections 2234(b) (Gross Negligence-Homicide); 2234(c) (Repeated negligent Acts); and 2234(d) (Incompetence), when his patient was injected with lidocaine during preparation for an abortion, and she reacted to the medication. The patient was in full cardiac arrest when paramedics arrived, and the patient died six days later. The facility where the procedure was to be performed was found to be inadequately equipped to handle emergencies. The emergency medical kit did not meet the standard of care and contained expired medications, no personnel on site was currently certified in CPR, and Rutland failed to recognize lidocaine toxicity and respond in a timely manner in performing appropriate resuscitative measures. There was a significant delay between the time of his patient's reaction to the medication and the time emergency personnel were called.

Additionally, the Board accused Rutland of violating B&P Code section 2216.2(a), for his failure to obtain malpractice insurance; B&P Code section 2250(a)(b) and (f) for his failure to report to the Medical Board that his patient was transferred to a hospital emergency room and then failed to report the death of the patient to the Medical Board.

While awaiting a hearing in this matter, Rutland stipulated to the surrender of his medical license, and the Stipulated Surrender was adopted by the Medical Board of California on January 20, 2011, and is effective February 11, 2011.

The public record documents in this case can be accessed on our Web site at www.mbc.ca.gov under the heading "Enforcement Public Documents."

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The mission of the Medical Board is to protect health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professions and through the vigorous, objective enforcement of the Medical Practice Act, and, to promote access to quality medical care through the Board's licensing and regulatory functions.

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