There is another gruesome case of practicing medicine without a license in Florida where Mark D. Schreiber, 60, is accused of mutilating a patient’s penis while attempting to remove an implant from it. Schreiber crossed over from a penile implant to a penal implant after holding himself out as a doctor when he was reportedly stripped of his license years ago.
The victim, a 55-year-old hairdresser, first went to a doctor identified as Nery Carvajal Gonzalez (who is now reportedly himself a fugitive) to have a penis implant installed. The implant however began to give him trouble. Gonzalez allegedly sent him to “Dr. Mark” Schreiber. It probably should have tipped off the victim that something was not quite right when he was sent to meet Dr. Mark at a warehouse to pay him $1,000 cash to remove the implant.
The victim said that he was given five unknown pills as sedation and passed out. He said that he woke up the next day at home and found his penis covered in blood-soaked bandages. He said that he found that his member was mutilated and, according to the warrant, his “penis was now incredibly small, yet very swollen and the skin around the shaft had been removed and was raw. The victim stated that his penis had retracted so far that it protruded less than one inch from his body.”
He called “Dr. Mark” who assured him that everything was fine and that he just needed to tie some sticks to his mangled member and everything would be fine.
Schreiber then disappeared.
The man then called Gonzalez who also assured him that his penis would heal but then allegedly added a remarkable defense: He allegedly told him that “he was responsible for his own situation because of his own vanity in wanting a larger penis.”
Putting aside Gonzalez’s bizarre comparative negligence claim, there is an interesting question of whether the conduct of the victim (in seeking clearly questionable and presumably unlicensed care) would factor into the torts case.
The man reportedly has been left with a deformed penis and “has no sensation during urination and . . . is unable to engage in sexual relations and spontaneous erection is extremely painful.”
Police found and arrested Schreiber — who lost his license in 2008 — was arrested and charged with one count of unlicensed practice of health care causing serious injury.
These cases often involve both criminal and tort cases. In negligence cases, the defendant is often subject to the standard of the profession to determine culpability. Thus, if you hold yourself out as a doctor, you are subject to the standard of a reasonable doctor. Something tells me that most doctors would not meet patients in warehouses to carry out impromptu surgeries or allegedly proscribe sticks for a damaged body part.
Hopefully, the police will continue the search for Gonzalez, who may have fled the country.
Florida law specifically mentions disfigurement as a basis for a felony in the second degree for such crimes:
In addition to the administrative and civil remedies under paragraphs (b) and (c) and in addition to the criminal violations and penalties listed in the individual health care practice acts:
1. It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice, attempt to practice, or offer to practice a health care profession without an active, valid Florida license to practice that profession. Practicing without an active, valid license also includes practicing on a suspended, revoked, or void license, but does not include practicing, attempting to practice, or offering to practice with an inactive or delinquent license for a period of up to 12 months which is addressed in subparagraph 3. Applying for employment for a position that requires a license without notifying the employer that the person does not currently possess a valid, active license to practice that profession shall be deemed to be an attempt or offer to practice that health care profession without a license. Holding oneself out, regardless of the means of communication, as able to practice a health care profession or as able to provide services that require a health care license shall be deemed to be an attempt or offer to practice such profession without a license. The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year.
2. It is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, to practice a health care profession without an active, valid Florida license to practice that profession when such practice results in serious bodily injury. For purposes of this section, “serious bodily injury” means death; brain or spinal damage; disfigurement; fracture or dislocation of bones or joints; limitation of neurological, physical, or sensory function; or any condition that required subsequent surgical repair. The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a minimum mandatory period of incarceration of 1 year.
Kudos: Professor Roger Schechter
DBQ, if you are concerned about digressions being rude to JT, you wouldn’t have created one right here on this thread. Your hypocrisy and disingenuousness are showing, now if you are so concerned as you profess that the thread stay on topic, I suggest you wouldn’t have gone off topic to scold those who had a side discussion. Stop being rude to Jt and mind your own business, you are not the appointed thread monitor. We are adults who sometimes have discussions that stem from the blog post because there is an element in the blogpost that prompted it. Stop being a busybody.
DBQ, if you were concerned about rudeness, you would’nt say half the things you do.
@ Annie
I specifically said it was rude to the blog owner/host to hijack threads. I’m not concerned about being rude to YOU.
@Paul:
Indeed:
My inquiry involves requiring an MD to perform minor subcutaneous procedures.
It seems largely unnecessary and (as in this case, for he was trained as an MD, but lost his license) no guarantee of quality.
The restriction, thank Gompers, is primarily to protect the MD guild, under the guise of patient safety.
Also DBQ, if you were concerned about rudeness, you would’nt say half the things you do. Your faux concern about the meanderings of conversation on any given thread is disingenuous at best and hypocritical at worst.
The libertarians would query: Why is this considered health care at all?
Are body piercings health care?
Why is a penile implant health care, but a metal post in your scrotum or breast or nose is not?
Why is removing it health care?
Asking for a friend.
Chief Consort – penile implants are sometimes used by men who have become impotent because of treatment for prostate cancer.
By all means. Let’s ignore the legal issues that were raised by JT in his article and focus on things that have nothing whatsoever to do with the issue at hand.
Since we don’t need to stick to the issues and can, evidently, derail the comments section with anything we feel like…..last night I made a fabulous dinner with some Char Sui that I barbequed myself. Pan fried noodles and a great stir fry of char sui, broccoli, bok choy, mushrooms, green onions, water chestnuts carrots, red peppers. The secret to good pan fried noodles is to under cook them, where it says 3 minutes cook the noodles 2 minutes. Drain the noodles well, then toss on a cookie sheet with sesame oil to keep them from sticking into a big messy wad. Let the noodles stand at room temperature until they are fairly dried, tossing occasionally.
When ready to cook. Heat up a large skillet with about 1 tbsp of oil. Place the noodles in the pan in a large cake format. Cook on high for several minutes on one side until crispy and golden brown. Check by lifting up the noodle cake with a spatula. Flip over and saute the same on the other side. You might have to add a bit more oil.
Slide the noodle cake onto a large serving platter and top with the stir fried meat and vegetables in sauce. Cut into wedges and serve.
If you don’t like my digressions into cooking ….too bad :-D. IT is none of your business if we like to discuss cooking, hunting, horses or any other topic that has nothing to do with the topics presented..
Too bad though because it does ruin JT’s efforts at presenting legal issues to ponder when we treat his blog like our own personal hobby horse spouting off topic
(Actually, I don’t like doing what I just did and don’t plan to repeat it, because it is rude and I consider myself a guest on this blog. I just wish others would also respect the host. I have my own food blog and that is where these things belong.)
I read the headline and was sure I’d see the name Chris Jenner connected to it. However Bruce married Chris awhile ago and became Caitlyn after their divorce.
We need a time machine, this crap is just beyond reality. lol
“Can there possibly BE a thread that doesn’t devolve into abortion/fetuses? Possibly? Is it conceivable that we might be able to stay on topic?”
DBQ, another poster made an apt comparison of an illegal abortion to procedures for “enhancements” discussed in this blog post. It’s none of your business if other commenters discuss a certain topic within a thread. If you don’t like it, too bad. The subsequent comments were in response to that first comment.
Sounds like a small dick barking up the wrong tree.
Sounds like the hairdresser ended up with the short end of the stick….
Can there possibly BE a thread that doesn’t devolve into abortion/fetuses? Possibly? Is it conceivable that we might be able to stay on topic?
Meanwhile: I feel very sorry for this poor man who subjected himself to a procedure that ended up causing him to be mutilated. Leaving aside the mental issues that would impel a person to have such a procedure in the first place…..it would seem that the shady circumstances of having a surgery done in a warehouse setting should have set off a lot of red flags that there was something wrong with the whole situation and that the subject could have avoided being harmed.
, there is an interesting question of whether the conduct of the victim (in seeking clearly questionable and presumably unlicensed care) would factor into the torts case.
So, yes….the Doctor who was not a doctor is guilty under the Florida laws as quoted, but the question is does the patient also bear some responsibility for knowingly putting himself into this situation and would this lessen the amount of damages/compensation he would be rewarded.
Horrific but also 100% avoidable.
And why on earth would any sane person want to set up a situation in which all abortion providers (which would be illegal if certain people got their wish) would be a Gosnell clinic? Gosnell’s clinic wasn’t inspected for decades after it opened its doors, lack of oversight allowed a Gosnell clinic. Underground abortion clinics most certainly wouldn’t be inspected, now would they? Think before you speak.
What a dick.
I got nuthin.
Like Dr. Kermit Gosnel’s LEGAL clinic.
Issac, yes indeed that is exactly what will happen, homemade ‘procedures’ or illegal ‘clinics’ that perform abortions.
http://www.nydailynews.com/life-style/health/doctor-butt-injections-dangerous-article-1.2244529
Reminds me of the cases of silicone poisoning we hear about from unlicensed doctors injecting silicone into buttocks or breasts at home “parties”. The case I linked to above was a buttocks enhancement. I’ve heard of deaths after breasts being injected also a few years back. What is wrong with people that they are so desperate for such “enhancements” to put their lives at risk?
So, you go to a warehouse, take the pills offered, and pay $1,000. This sounds like the coat hanger routine in the back alley that the ‘right to lifers’ want back. The American medical situation is in dire need of an intelligent look see.
rRSA, LOL! We can attract Squeeky by pointing out the victim is “a 55 year old HAIRDRESSER.” NTTAWWT.
What? No little ditty from Pogo or Squeeky?
At least this doc didn’t kill a lion.