Barred From Seeing Female Patients, Oncologist Sues Medical Board

Texas Physician Accused of Sexual Assault

Nick Mulcahy

April 10, 2019

Last month, a disciplinary panel of the Texas Medical Board temporarily restricted the medical license of Eugenio Galindo, MD, prohibiting him from diagnosing, examining, treating, or consulting with female patients or delegating these activities to other providers, according to multiple news reports.

Without the restrictions, Galindo's practice of medicine is a threat to public welfare, the board said.

In December 2018, Galindo, aged 60, was arrested by the Edinburg Police Department, Texas, on two charges of sexual assault and one count of attempted sexual assault involving female patients and employees, as reported at the time by Medscape Medical News.

The Texas Medical Board indicated that Galindo should have no contact with any of the individual complainants.

In the latest developments in this story, on March 28, Galindo sued three members of Texas Medical Board to lift the restriction on his medical license so that he could again treat female patients, according to KRGV.com, in Rio Grande Valley, Texas.

The lawsuit claims that Galindo is one of only five board-certified medical oncologists in the McAllen, Texas area and that he is responsible for approximately 3000 patients.

The lawsuit also says there is a "staleness" to the complaints from the women about Galindo and that there is a "lack of any immediate danger to the public" if he sees female patients.

The legal filing further says Galindo was not given enough time to prepare for the hearing and to locate, obtain, and coordinate witnesses to be present at his Texas board hearing.

In summary, the three members of the Texas Medical Board "unequivocally have violated [Galindo's] right to due process," says the suit.

The lawsuit was met with a negative response. On April 2, the US District Court, Southern District of Texas, McAllen Division responded to Galindo's lawsuit, saying that the relevant circuit court "has repeatedly held that due process does not require any pre-suspension process where patient safety is at risk."

Galindo, who sought a temporary restraining order against the three Texas Medical Board members, failed to get that order. The federal court ruled that "patient safety is paramount."

Galindo's attorney, Ricardo L. Salinas, did not respond to Medscape Medical News' requests for comment about his client's next steps.

Galindo is scheduled for arraignment on April 29 on the assault charges. He will be asked to enter a plea of guilty or not guilty, according to ValleyCentral.com, a local television news station.

Opened New Facility

In December 2018, after Galindo was arrested, he posted bail and was released.

A few weeks later, in January 2019, he participated in the grand opening of his practice, McAllen Oncology.

In a press statement about the ribbon-cutting ceremony, Galindo commented: "At McAllen Oncology, we offer complete cancer care in a state-of-the-art facility which includes an innovative community infusion center with private suites and a diagnostic imaging center and laboratory."

McAllen Oncology is the "only cancer center of its kind" in South Texas, claimed Galindo. "Our ribbon cutting was a great way to kick off 2019," he added.

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