A Georgia medical board has quietly reinstated the license of gynecologist Tyrone C. Malloy, who allegedly performed an abortion that led to a woman’s death and caused a newborn to die following a C-section, according to a report by the Atlanta Journal-Constitution.
The state attorney general’s office also spent years building a case on felony charges after Malloy fraudulently billed Georgia Medicaid more than $386,000 for "office visits related to elective abortions and for ultrasounds that he never performed," according to the newspaper.
Malloy spent 21 months in prison for fraud.
What does this mean?
Malloy is now being given another chance to practice medicine in Georgia after his license was reinstated in October without the usual public notification.
Medical malpractice attorney Susan Witt told the news outlet she believes the move shows that Georgia’s medical regulators protect fellow physicians more than they protect the safety of the public.
“This composite board never fails to shock me,” Witt said. “It’s consumer beware in Georgia, in terms of when you are out there looking for a doctor.”
The Composite Medical Board is the entity that reinstated Malloy’s license, which he surrendered while incarcerated.
“Instead of issuing a public board order that would have been posted on its website, as is typically done when a doctor’s license had been surrendered or revoked, the only public record of the board’s decision was a line in that month’s meeting minutes,” the Journal-Constitution reported.
Following numerous inquiries into how Malloy has an active license, the board clarified that his license was in fact reinstated, according to the report.
Unlike some other states, Georgia law gives the medical board the power to license whoever it sees fit. That even applies to doctors convicted of serious crimes. The law also bars the board from discussing cases — and it does not have to explain its decisions.
The Georgia medical board once sanctioned Malloy over a late-term abortion that left a woman with uncontrolled bleeding. In 2009, the state fined him $10,000 for the elective abortion in which the patient died, according to the report. Prior to that, he was fined $5,000 for the C-section death of a newborn.
What does Malloy say?
On his website, TyroneMalloy.com, Malloy, 69, wrote:
The vicious conspiracy to destroy my reputation, my life and that of my family by the radical anti-abortion factions that used their power and influence to come after me with hatred and an unprecedented vengeance was an injustice, up to and including, the judicial system of the State of Georgia, in particular, the former Attorney General, Sam Olens.
In the past, the board has reinstated the licenses of other doctors who have felony records, the report noted. The list includes Andrew Dekle, who served four years in prison for “writing more than 120 prescriptions to women in exchange for sexual favors and nude photos.”
Earlier this year, the medical board reinstated Lawrence E. Eppelbaum, who was was convicted of 27 charges health care fraud, tax fraud and money laundering in 2013, the report states. Eppelbaum got out of federal prison in December 2016 and had his license returned in March, according to the report.