Earl denies charges, claims cases complicated
Attorney issues statement
MOSES LAKE - Dr. David T. Earl issued a statement Monday concerning the suspension of his medical license for allegedly over prescribing medication to patients.
The state Department of Health announced the suspension Sept. 24 and accused Earl of contributing to the deaths of four patients and improperly medicating five others, placing them at risk.
The state claims Earl reportedly provided excessive amounts of medications to patients, ignored evidence of patients becoming addicted or abusing medications, experiencing drug toxicity and for allegedly placing patients at an increased health risk, according to state documents.
The state accused Earl of providing the prescription drug Norco (no connection or relation to Norco Medical in Moses Lake) to an undercover Drug Enforcement Agency (DEA) agent while they were investigating Earl. The state indicated Earl reportedly gave additional medications to the agent that the agent didn't request or describe symptoms which would require the additional drugs.
The DEA investigates complaints and allegations of doctors improperly prescribing medications because the federal agency issues the licenses to provide prescriptions.
Earl can request an early hearing of Oct. 12 or wait the typical waiting period of four to six weeks, after the initial charges are laid and license suspended, according to Washington State Department of Health Disciplinary Manager Erin Obenland.
At the conclusion of the hearing, Earl could face losing his license to practice medicine, be fined or required to practice medicine under specific requirements, according to Obenland.
Since the state released the information on the charges against him, concerning his license, Earl agreed to an interview with the Columbia Basin Herald and canceled to confer with his attorney Stephen M. Lamberson, of the Spokane law firm Etter, McMahon, Lamberson, Clary, Troppmann and Oreskovich P.C.
The following is Earl's statement, delivered by Lamberson, in its entirety:
"Dr. David Earl has received a Statement of Charges and Ex Parte Order of Summary Suspension from the (state) Department of Health. The charges relate to Dr. Earl's treatment of several patients with very complicated medical histories and symptoms. The charges are administrative in nature; they are not criminal charges. The (state) Department of Health essentially alleges that Dr. Earl fell below the standard of care in his treatment of these patients. Dr. Earl unequivocally and vehemently denies these charges and intends to take immediate legal action to reverse the summary suspension of his license.
"Summary suspension is utilized when the health care provider poses an immediate threat to the public. Dr. Earl has provided competent and compassionate care for countless patients in the Moses Lake area for the last (16) years. There is no basis to support the (state) Department of Health's determination that Dr. Earl poses an immediate risk to the public.
"Notably, Dr. Earl's license was suspended without an opportunity for him to participate in a legal hearing. Dr. Earl was not given a chance to defend himself, call witnesses, cross-exam the (state) Department of Health witnesses, or have experts testify on his behalf. Dr. Earl will challenge the summary suspension and also seek a full administrative hearing with the Medical Quality Assurance Commission regarding the Statement of Charges.
"The patients at issue had very complicated medical histories and symptoms. Dr. Earl exercised sound clinical judgment in providing treatment to these patients. All physicians must exercise clinical judgment in caring for patients, and if something unforeseen happens, it does not mean that the physician did something wrong or provided improper care.
"Dr. Earl and his legal council are confident that after a full and fair hearing, the commission will conclude that Dr. Earl has exercised sound judgment in providing medical care to all of his patients."