Moses Lake physician faces unprofessional conduct charges

OLYMPIA — A Moses Lake physician was charged with unprofessional conduct by the Washington Medical Quality Assurance Commission. David Earl has 20 days from June 22 to answer the charges, related to treatment given to 18 patients and the sale of property of another patient. Earl is also charged with failing to comply with a prior order issued by the commission.

Earl did not return a phone call asking for comment.

Earl is charged with “financial exploitation of a vulnerable adult” in the case of a woman, described as Patient A, who was 82 years of age when she became his patient in 2013, according to the statement of charges issued by the commission.

Earl allegedly “arranged for mutual friend to look into Patient A’s finances,” and for a “contractor friend and patient to inspect Patient A’s home. Respondent purchased Patient A’s home in partnership with his contractor friend/patient,” and “arranged for the closing to be handled by his nephew, an attorney, and drove Patient A to the closing, at which Patient A was not represented. Respondent sold the contents of Patient A's house at a garage sale. Respondent paid for repairs on Patient A's car and offered the car for sale in his parking lot."

The statement alleges that Earl billed Medicare for treatment on two occasions when he didn’t give treatment. The first was at the closing of the home sale, a second when he met with the woman and her nephew. The statement also alleges that Earl billed Medicare for visits to the woman at the extended care facility. “Patient A stated she had never been seen by Respondent for any medical reason at her residence at Moses Lake Senior Living Center. In fact, on April 1, 2014, the patient’s care plan documented a no-contact order between the patient and respondent.”

Earl responded to the original statement of charges in 2014. “Respondent misrepresented that Patient A consulted with numerous individuals in relation to her transition to an adult care facility and the sale of her home,” the statement said. Earl allegedly listed eight people he claimed Patient A had consulted about the move, the statement said, but all but one said she had not consulted them. (One person’s contact information was invalid, the statement said.)

The commission statement alleged Earl had not provided adequate treatment for a 63-year-old woman whom he treated from June 2015 until her death in May 2016. “Respondent’s work up and management for the edema fell below the standard of care,” the statement said. (Edema is defined as swelling caused by excess fluid trapped in the body’s tissues. It can be caused by underlying chronic disease.)

The statement alleges Earl should have asked for more tests to determine the cause of Patient B’s symptoms. Had the woman received the tests, “atrial fibrillation, congestive heart failure and/or peripheral vascular disease could have been identified,” it said.

In addition, “Respondent’s record keeping and tracking of medications make it difficult to track Patient B’s treatment and were below the standard of care.”

The remaining patients were identified as C through S. “Respondent’s treatment of Patients C through S’s chronic pain failed to meet the standard of care and placed the patients at risk of harm,” the statement said.

Earl also was charged with failing to comply with a prior order, issued in 2012. He was placed on probation for five years, was required to attend a training course and undergo regular compliance hearings. He was found not in compliance at three consecutive hearings.