FLORIDA MEDICAL BOARD RECORD— ME85930 DISCIPLINARY ACTIONS— License clear and active; no actions listed as of 10/23/2017
Gainesville doctor responds to video of him yelling at woman; says she threatened staff
GAINESVILLE, Fla. (WGFL) — A Gainesville doctor seen yelling at a patient on a now-viral video responded with his own accusations Wednesday, saying the woman threatened his staff and refused to leave prior to the moment that was published on Facebook.
Jessica Stipe posted the one-minute video on her Facebook page after she said the doctor yelled at her when she complained she had been waiting at the Gainesville After Hours clinic for an hour and 15 minutes. Stipe told CBS 4 Gainesville she called Gainesville Police after the doctor grabbed her daughter’s phone and “shoved her” when she tried to get it back.
Dr. Peter Gallogly released a statement, the police report and statements from staff on Wednesday. The police report says the officer who responded to the clinic watched the video and had no reason to believe Gallogly struck or pushed Stipe’s daughter.
Gallogly says in his one-page statement: “Ms. Stipe had been increasingly belligerent and abusive to the office staff, cursing and threatening them with violence, because she was unwell and had been waiting to see me for more than an hour.” He wrote that she received her refund but refused to leave. “I went to the front desk only because after Ms. Stipe received her refund, she refused to leave the office, and continued her abusive behavior towards staff. Despite repeated requests from the office staff, she repeatedly demanded to see me instead of leaving.”
Gallogly said the video is heavily edited and taken out of context. “When I walked into the waiting room, Ms. Stipe (and her daughter) cursed and threatened me as they had done with the office staff previously.”
Stipe on Wednesday called Gallogly’s statements “absolutely not true.”
“What you saw is what it was,” Stipe said. “This is just ridiculous.”
She questioned why Gallogly took the phone and attempted to delete the video if he had done nothing wrong.
Gallogly acknowledged his actions shown on the video were inappropriate.
“At the very end of the events, I most regrettably lost my temper, and spoke to the two women in a most unprofessional manner. I make no excuses for my unacceptable behavior,” Gallogly wrote.
He wrote that he was “merely reacting to unreasonable provocations and threats of physical violence” and “Again, while not an excuse for my behavior, a basic reason for my reaction is that I simply regard my staff as family, and I over-reacted to defend them.”
In her initial post, Stipe wrote she was “severely sick” and had made a 6:30 appointment at the clinic. By 7:45, she said doctors had only taken a urine test and she was throwing up in a trash can. That’s when, she said, she asked for her co-pay back so she could go home and be seen somewhere else the next day.
The video starts with Stipe telling Gallogly that it would be helpful for staff to tell patients if they’re not going to be seen in a timely manner.
“Are you kidding me?” Gallogly said on video. “Do you know how many people … I’ve got seven rooms back there. It’s 7:45 and we’ve already been working on you. We’ve done a urine test on you, I’ve seen you.”
She tells the doctor that they’ve only done the urine test. He asked if she thought that only took three seconds. She says she doesn’t know how long that takes. He asks if she wants to be seen or not. She says she wants to go home and get in bed.
“Then fine,” Gallogly tells her on video. “Get the hell out. Get your money and get the hell out.”
The doctor says she’d be waiting three hours if she went to another clinic, nine hours if she went to the ER.
The daughter recording the exchange can be heard saying “OK, you can get out of her face.”
The doctor tells Stipe, “Get the f*** out of my office. Now.”
Both Stipe and her daughter tell him she’s recording. The doctor holds the door open for them to leave. When the daughter asks his name, he says, “You’re recording this?” and appears to grab the phone and walk down the hallway with it.
Stipe told CBS 4 she believes he attempted to delete the video and then threw the phone back at her.
Stipe said she has contacted an attorney to demand accountability for his behavior. (LINK)—10/11/2017
ARKANSAS MEDICAL BOARD RECORD— C-8203 DISCIPLINARY ACTIONS—License Inactive as of 8/02/2018. Consent Order
Police say 4 accusers claim abuse by Little Rock doctor
Police said Wednesday that four people have accused a Little Rock doctor and church mentor of sexual assault.
James Nesmith, 53, was arrested Tuesday morning and charged with one count of second-degree sexual assault, according to a police report.
Lt. Michael Ford, a Little Rock police spokesman, said Wednesday that a church pastor had reported allegations against Nesmith to the Child Abuse Hotline in 2015. According to Ford, the pastor reported that four people said they were sexually assaulted by Nesmith.
“It’s an ongoing investigation and we are expecting, probably, more victims to come forward,” Ford said at a news conference Wednesday.
Leslie Taylor, a UAMS spokesman, said Tuesday that Nesmith is an associate professor at UAMS and a physician at Arkansas Children’s Hospital. She said Nesmith, who was hired in 1995, was involved in adolescent and sports medicine.
In May, Nesmith, at the request of Arkansas Children’s Hospital, had been put on administrative leave with pay, according to Taylor. On Tuesday, Nesmith was placed on administrative leave without pay, she said. Taylor said it’s the hospital’s understanding that the criminal charge is not related to patients or patient care.
Court records show that the Rev. Tim Reed at Covenant Presbyterian Church reported in December 2015 that he had become aware of “allegations of sexual abuse against a mentor within their church.” The affidavit said the minister reported the allegations to the Child Abuse Hotline.
According to an affidavit, Reed reported that “several teens within their congregation” had said Nesmith touched their genitals.
In June, a 26-year-old man spoke with authorities and said he met Nesmith when he was between 13 and 14 years old, according to the affidavit. The accuser said he met the doctor through Covenant Presbyterian Church at 1 Covenant Drive in Little Rock.
“He said Mr. Nesmith was a mentor through the church to groups and individual teenage boys, who would go on hikes and other activities, including going to Mr. Nesmith’s house,” according to the affidavit.
The man told police that participants in the activities often would skinny-dip while on the hikes “largely due to the fact that Mr. Nesmith always communicated that being naked was normal,” the court documents said.
The accuser told authorities that one time, when he was 14 years old, Nesmith touched his genitalia while they were hiking, according to the affidavit. The man told police they were both naked, and that Nesmith grabbed his genitalia in passing and “stroked” it before letting go, the affidavit said.
According to the documents, the accuser reported that he and Nesmith would engage in “naked hugging,” and there were “several occasions” where the Little Rock doctor had “fondled” himself while in the presence of the accuser.
“[The victim] said he quit going to Mr. Nesmith’s house alone, because he felt uncomfortable due to the fact it seemed like Mr. Nesmith only wanted to be naked,” according to the documents.
Nesmith declined comment when reached by phone Wednesday.
In a statement sent Wednesday, Arkansas Children’s Hospital said the allegations do not involve the hospital, the hospital’s patients or the University of Arkansas for Medical Sciences.
“At Arkansas Children’s, the safety of the children in our care is our number one priority. Dr. Nesmith has not been a member of the Active Medical Staff since May,” according to the statement. (LINK)—10/19/2017
Little Rock doctor pleads guilty in child molestation case
A Little Rock doctor accused of molesting children who attended his church negotiated a guilty plea in the case Monday.
James Nesmith, 53, was convicted of one count of second-degree sexual assault, a Class B felony.
Nesmith is a former UAMS Medical Center and Arkansas Children’s Hospital physician who specialized in adolescent medicine. He was arrested in October after a pastor at Covenant Presbyterian Church in Little Rock reported accusations of sexual abuse against him. The pastor told police that several teens had accused Nesmith of touching their genitals on hikes and during other church-related activities.
Just one charge was filed in the case.
Pulaski Circuit Judge Wendell Griffin sentenced Nesmith to five years probation and ordered him to surrender his medical license. Nesmith was also ordered to register as a sex offender and have no contact with his accusers. (LINK)—8/01/2018
FLORIDA MEDICAL BOARD RECORD— ME70165 DISCIPLINARY ACTIONS—none listed as of 10/14/2017
A Vero Beach doctor arrested Thursday on felony drug trafficking and robbery charges has been fighting financial battles in court for nearly a decade.
Johnny Clyde Benjamin Jr., 51, of the Pro Spine Center, was arrested and charged with felony attempted trafficking in fentanyl, felony robbery by sudden snatching and felony grand theft, according to an Indian River County arrest affidavit.
Indian River County court records show Benjamin, of the 900 block of Painted Bunting Lane in Vero Beach, where he was arrested, has been sued 13 times since 2008. Eleven of those cases dealt with financial disputes.
What happened Detectives were initially called to Pro Spine Center in the 1300 block of 37th Street to assist with what was reported as Benjamin snatching someone’s phone, according to his arrest affidavit.
The man told authorities Benjamin was speaking to him in the office when Benjamin suddenly “grabbed” the phone and “was able to forcibly rip it from (the man’s) hands.” The man said Benjamin then placed the phone in a Planters peanut jar next to his desk, which was filled with cotton balls.
When a detective arrived to the office, Benjamin had left for the day. He was found and taken into custody at a home on Painted Bunting Lane about 3:45 p.m. Thursday.
He was first charged with two felonies related to the allegations of taking the $300 phone. He was then served with an additional charge of attempted trafficking in fentanyl. That charge was filed by the state Attorney’s Office.
Fentanyl, first developed in 1959, is a powerful synthetic opioid and is about 100 times more potent than morphine and 50 times more potent than heroin, according to the U.S. Drug Enforcement Administration.
Fentanyl often is cut with heroin and has been linked to many overdose deaths. Benjamin remained Friday in the Indian River County Jail, with bail set at $820,000.
Assistant State Attorney Ryan Butler declined comment about the attempted fentanyl trafficking charge.
But asked how the cellphone incident could turn into that charge, Butler said, “Don’t assume that one stemmed from the other.”
He declined comment on whether federal officials were working on the case. Butler also said he couldn’t comment on which agency is investigating Benjamin in connection with the drug charge, citing “ongoing investigative issues.”
Benjamin is a controlled substance prescriber and also can order medical and low-THC cannabis, Florida Department of Health records show.
Brad Dalton, a spokesman with the Florida Department of Health, said Benjamin’s license is “clear and active.” He has staff privileges at Indian River Medical Center in Vero Beach.
“An arrest or waiting for trial is not evidence of wrongdoing and our statutes recognize this by providing that only a conviction or plea is actionable,” Dalton said in an email. “However, any time that we discover that a licensed practitioner has been arrested, we begin a preliminary investigation and monitor the situation for a conviction.”
Attorney Andrew Metcalf represents Benjamin, records show. He has a hearing scheduled Oct. 20 to ask a judge to lower his bail.
Metcalf on Friday said he is gathering information and declined comment on the facts of the case.
“Dr. Benjamin has a stellar reputation in our community and frankly statewide as a fine physician,” Metcalf said. “He’s a pillar of our community, well known in Indian River County.”
He said he found the allegations “impossible to believe.”
“We will be defending Dr. Benjamin’s good name and we will defend him aggressively,” Metcalf said.
Benjamin’s bail is based mostly on the charge of attempted trafficking in fentanyl — $800,000 for that alone. He must surrender his passport and be outfitted with a GPS device at the jail before being released, court records show.
Court records also indicate he must not prescribe medicine.
Metcalf said he hopes that condition can be eliminated and that Benjamin soon will be back to work.
Benjamin’s license, issued in March 1996, expires in January 2019. His address of record is the Pro Spine Center.
Financial issues Court records show Benjamin has been sued 13 times since 2008. Eleven of those cases dealt with financial disputes.
Suntrust Bank sued Benjamin in September 2016, alleging he owed $996,177.06 after defaulting on a mortgage for a house on the 8100 block of Seacrest Drive.
The company owning the building out of which Benjamin runs his practice attempted to evict him in December 2015.
He was sued for wrongful death in 2011 and for malpractice in 2013.
A lawsuit in 2013, later dismissed, involved nonpayment for a $16,900 bracelet. According to the lawsuit, he didn’t have the money on him to buy it, and the jeweler agreed to let him leave with it and pay him later.
Benjamin reported he’s had no final disciplinary action against him in the last decade by a specialty board or licensing agency.
According to a biography on drjohnnybenjamin.com, Benjamin grew up in Houston, Texas, and graduated from Baylor University.
He completed his internship and residency at Temple University Hospital in Pennsylvania, and had a fellowship at the Florida Spine Institute in Clearwater in 1997, according to Department of Health records. (LINK)—10/12/2017
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