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from youarewithinthenorms.com
NORMAN J CLEMENT RPH., DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC., SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS, MD, PH.D., IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., M.B.A., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, IN THE SPIRIT OF WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., IN THE SPIRIT OF LEROY BAYLOR, JAY K. JOSHI MD., MBA, AISHA GARDNER, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
BY
Dr. Kayvan Haddadan, MD
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Dr. Kayvan Haddadan’s essay proposes the criminalization of “creative prosecution” tactics used by the Medical Board of California (MBC) and the Drug Enforcement Administration (DEA) against doctors. The central argument is that aggressive enforcement strategies, labeled a “medical witch hunt,” often involve relying on biased expert testimony, selectively manipulating evidence, and pursuing a “win at all costs” ethos that undermines justice. These unfair procedures effectively invert the sacred principle of “innocent until proven guilty,” leaving physicians facing reputational ruin and financial devastation even when charges are eventually dismissed. Ultimately, the author advocates for reform to protect both healthcare providers and the patients who rely on them from systemic prosecutorial overreach.
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It’s time to flip the script
In the Golden State, where innovation drives Silicon Valley and Hollywood dreams are born, a darker narrative unfolds in the quiet corridors of healthcare.
Physicians, the very guardians of our well-being, are increasingly ensnared in a web of aggressive prosecutions by the Medical Board of California (MBC) and the Drug Enforcement Administration (DEA).
What begins as a routine complaint can spiral into a nightmare of biased expert testimony, selective evidence manipulation, and a chilling “win at all costs” mentality among prosecutors.
Even when charges are dismissed, the scars—reputational ruin, financial devastation, and eroded trust—linger like a chronic condition. It’s time to flip the script: these tactics, dubbed “creative prosecution,” should be criminalized to protect not just doctors, but the patients who depend on them.
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The Anatomy of Unfair Prosecutions: A Recipe for Injustice
At the heart of these cases lies a troubling reliance on biased or uninformed expert opinions. Medical board proceedings often hinge on testimony from so-called experts whose credentials are shaky at best and conflicted at worst.
“..this presumption of guilt flips the sacred legal principle of “innocent until proven guilty..”
In California, this isn’t abstract—it’s lived reality. Take the case of Kenneally v. Medical Board (1994), where a physician sued the MBC for bad-faith actions, alleging the board weaponized flawed expert input to target him unjustly (Kenneally v. Medical Board of California, 1994). These witnesses, often handpicked by prosecutors, twist medical guidelines into pretzels, ignoring nuances like individual patient needs in favor of rigid, one-size-fits-all interpretations.
Worse still is the specter of “creative prosecution”—a term that encapsulates prosecutors’ resort to questionable tactics to notch victories. This includes selectively cherry-picking evidence, deploying unreliable witnesses, and misinterpreting standards to paint physicians as villains.
“win at all costs”
Legal experts describe it as a “win at all costs” ethos that prioritizes convictions over justice, fostering a climate of fear where innocent doctors are wrongfully accused or convicted (Medical Board of California False Accusations Against Doctors, 2024). In one stark example, a San Mateo doctor faced federal charges from the DEA for opioid distribution in 2020, only for the case to unravel amid questions over prosecutorial overreach—yet the damage to his practice was irreversible (San Mateo doctor charged with unlawful distribution of opioids and …, 2020).
Such maneuvers aren’t anomalies; they’re symptomatic of a system where MBC accusations can be filed on flimsy grounds, harming physicians even if they ultimately prevail (Medical Board of California False Accusations Against Doctors, 2024).
This presumption of guilt flips the sacred legal principle of “innocent until proven guilty” on its head. As argued in legal scholarship, presuming guilt in any proceeding risks wrongful convictions and erodes public trust in justice (The presumption of innocence: A golden thread always to be seen, 2018).
In medical board contexts, it’s amplified: doctors must prove their innocence in a gauntlet of administrative hearings, where the burden feels inverted from the start.
The result?
A pervasive mistrust among California’s approximately 140,000 active physicians, many of whom now second-guess every prescription or procedure for fear of reprisal (California Physicians Almanac — 2025 Edition).
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