Accused Doctor Stops Practicing During Investigation
By Mark Stodghill, Duluth News-Tribune, Minn.
Sep. 27–A Duluth surgeon accused of sexually assaulting a patient has reached an agreement with the Minnesota Board of Medical Practice to stop practicing medicine while the board investigates complaints against him.
Dr. Javier Enrique De La Garza, 51, is charged in Douglas County Circuit Court with two counts of third-degree sexual assault, both felonies, and one count of fourth-degree sexual assault, a misdemeanor.
He has pleaded not guilty to the charges.
According to a “stipulation to cease practicing medicine,” signed by De La Garza and Robert Leach, executive director of the Minnesota Board of Medical Practice that went into effect Wednesday: The board received complaints about De La Garza’s activities that could affect his license to practice medicine. The complaints alleged that he had engaged in unethical and unprofessional conduct and engaged in conduct with a patient which is sexual or may reasonably be interpreted by the patient as sexual.
Under terms of the stipulation, De La Garza “shall cease and desist from practicing medicine in any manner in the state of Minnesota and shall neither offer nor provide any medical services of any nature within the state until such time as the board has completed a review of any allegations pending against him.”
De La Garza and his attorney did not return phone calls seeking comment Wednesday.
“This is nondisciplinary; I wouldn’t want anyone to misperceive a disciplinary action,” said Ruth Martinez, supervisor of the Minnesota Board of Medical Practice Complaint Review Board. “It’s a public agreement and stipulation that Dr. De La Garza has agreed that he will not practice medicine during the investigation.”
Martinez said the investigatory process is confidential. She declined to comment further.
The criminal charges against De La Garza are based on the complaint of a 42-year-old woman who claims the doctor touched her in a sexually inappropriate way during examinations and had intercourse with her without her consent on a boat at Barker’s Island Marina in 2006.
Douglas County prosecutor James Boughner has filed a written motion asking the court to admit evidence from five other women who claim they were touched in sexually inappropriate ways by De La Garza.
De La Garza’s attorney, Rick Gondik of Superior, has said he will argue against the admissibility of five of the women’s statements. He pointed out that no criminal charges have been filed regarding the allegations of those five women.
Douglas County Circuit Judge Michael Lucci has scheduled an Oct. 12 hearing to determine the admissibility of the other five women’s statements at trial. All of the women could be called to testify at the evidentiary hearing, Douglas County District Attorney Dan Blank said.
De La Garza, a gastroenterologist, has practiced at St. Luke’s hospital since 2004. He had continued to work at St. Luke’s after the criminal charges were filed. A gastroenterologist is a physician who specializes in the diagnosis and treatment of disorders of the gastrointestinal tract, including the esophagus, stomach, small intestine, large intestine, pancreas, liver and gallbladder.
According to the Board of Medical Practice, De La Garza has faced no disciplinary or corrective action. His medical degree is from the University of Texas Health Science Center at Dallas, Southwestern Medical School.
MARK STODGHILL covers public safety and courts. He can be reached weekdays at (218) 723-5333 or by e-mail at mstodghill@duluthnews.com.
—–
To see more of the Duluth News-Tribune, or to subscribe to the newspaper, go to http://www.DuluthSuperior.com.
Copyright (c) 2007, Duluth News-Tribune, Minn.
Distributed by McClatchy-Tribune Information Services.
For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.