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April 25, 2024
California Department of Industrial Relations and Cal/OSHA Will Honor Workers’ Memorial Day at Four Events in California on April 28th-29th 2024. Cal/OSHA Joining Partners in Arcadia, Richmond, San Diego and San Francisco.

April 23, 2024
California Division of Workers' Compensation Launches Online Portal for Submission of QME Medical-Legal Reports

April 22, 2024
California Division of Workers’ Compensation Posts Updated Time of Hire Notice

April 22, 2024
Sullivan on Comp Launches ChatSOC. It's an Innovative Chatbot for California Workers' Compensation Professionals Integrated with an Authoritative Legal Treatise

"Then comes a murder. We determine whether a death was caused by the actions of another human, which has huge implications if you are a suspect. Even when the cause of death is obvious, the body is meticulously examined for trace evidence, subtle injuries, angles and trajectory wounds, even natural disease… anything that might shed light on what happened if for no other reason than giving dignity to the dead. Then we must confront grieving families and (occasionally) obnoxious lawyers."

Dr. Jan Garavaglia- better known as Discovery Channel’s “Dr. G”- is the chief medical examiner for Orlando, Florida.

Acclaimed 71-year-old workers’ compensation orthopedic surgeon and leading independent medical expert, on matters of impairment, Dr. Mark Greenspan, was killed by anesthesiologist, Dr. Stephen Kyo-Sung Kim, on September 26., 2017.

Dr. Stephen Kyo-Sung Kim, 53, is accused of administering a lethal dose of the narcotic Demerol to Dr. Greenspan while he was undergoing plastic surgery at Dr. Kim’s Rodeo Drive Plastic Surgery Center in Beverly Hills.  The Los Angeles County district attorney’s office says the accused had a drug addiction problem and had injected himself with a narcotic while performing the surgery and later gave the patient, Dr. Greenspan, a lethal dose of Demerol while the patient was in a recovery room. According to the Beverly Hills police department (BHPD), a 911 call was made from the plastic surgery facility reporting a patient not breathing. Firefighters who responded to the scene attempted to revive Greenspan but were unsuccessful. Greenspan went into cardiac arrest and died.

Dr. Stephen Kyo-Sung Kim, anesthesiologist

Beverly Hills police Lt. Elisabeth Albanese declined to identify the specific drugs, but said detectives determined that Kim was under the influence of narcotics at the time of surgery.

Though doctors have long faced the threat of malpractice lawsuits and losing their medical licenses, it’s rare to hold physicians criminally accountable for their patients’ deaths — especially with a murder charge. After all, murder has a high bar to reach. Manslaughter or negligent homicide may be easier to prove.

Nonetheless, Los Angeles County has a track record of success. In 2015, a Los Angeles County jury conviction of Dr. Hsiu-Ying “Lisa” Tseng of second-degree murder in connection with the overdose of three of her patients is a landmark decision that experts say had a chilling effect in medical circles. At least eight of Tseng’s patients died from overdoses of the same types of drugs she’d prescribed to them. The district attorney’s office lauded it as the first time a doctor has been convicted of murder in the U.S. for recklessly prescribing drugs to patients.

Entrance and exterior to Rodeo Drive Plastic Surgery Center  

Also, in 2011, in Los Angeles, jurors convicted Dr. Conrad Murray of involuntary manslaughter for giving pop star Michael Jackson a surgical anesthetic that killed him.

However, Dr. Kim may have topped the two previously mentioned felons by being under the influence of drugs during surgery. It just shocks the mind.

Albanese of the BHPD said that Kim, who faces up to 25 years to life if convicted, was placed into custody Wednesday, December 13, 2017, after turning himself over to police. His medical license, number 76433, was suspended on 12/14/17 by the Medical Board of California and Dr.Kim was directed not to practice medicine while on bond or during the duration of his case.

Kim pleaded not guilty to a single count of murder, § 187(a) of the California Penal Code, at his arraignment on Thursday, December 14th 2017, in Department 30 of the Foltz Criminal Justice Center. He remains free on a $1 million bail.

Interior waiting area of Rodeo Drive Plastic Surgery Center 

Deputy District Attorneys Beth Silverman and Tannaz Mokayef of the Major Crimes Division are prosecuting the case: Los Angeles County Superior Court (Case No.: Ba463594).  Kim's next hearing is scheduled for Jan. 25th 2018. 

The BHPD indicates they are not looking to press charges against any others at the facility in connection to Greenspan’s death at this time. However their investigation is ongoing.  To date, there have not been any reports of any other such incidents at the Rodeo Drive Plastic Surgery Center in recent months.

Rodeo Drive Plastic Surgery performs procedures including breast augmentation, breast life, male chest surgery, liposuction, facelift, browlift or forehead lift, eyelift, rhinoplasty, and skin care services including (skin resurfacing, Botox, collagen and other fillers). The company was founded by Lloyd M. Krieger, MD and medical director of Rodeo Drive Plastic Surgery.

Undated and unknown source photo of Mark Greenspan, M.D. 

The decedent, Dr. Greenspan, specialized in diagnosis and surgical treatment of injuries and disorders involving the musculoskeletal system, such as hip replacements and arthroscopic knee surgery. He was widely utilized as an agreed medical examiner (AME) by both applicant and defense attorneys. He earned his medical degree from the Autonomous University of Guadalajara, Jalisco, Mexico. Prior to that he obtained his bachelors of science degree from Long Island University in New York. He had a membership with the National Republicans Congressional Community.

His primary office was located in Sherman Oaks, California, with other offices in Bakersfield, CA and Long Beach, CA. He had 41 years of medical experience of which 26 were dedicated to workers’ compensation medical legal evaluations.

Having been deposed/testified over 560 times, he became an expert in articulating his medical position(s). Dr. Greenspan's demise was announced in the Jewish Journal.  

Linda Resnick, sister and office administrator of decedent Mark Greenspan, M.D.  

Dr. Mark Greenspan is survived by a son, Dr. Ivan West Greenspan, his wife, Denise Greenspan, and a sister, Linda Resnick. Ivan is a clinical psychologist, and like his father, is also an independent medical examiner in California work comp claims.

Linda was the administrator/office manager for her brother’s medical practice.  In an interview with CBS news she stated, "I am really raw, I truly am. My brother(’s death) is such a deep loss to me." She said it's also a big loss to his patients. "He loved what he did and so many of his patients are going to miss him. He worked for 38 years [at seven different offices] in Southern California."

For now, his sister can only mourn his loss. "It's just painful, very very painful. I miss him really terribly” she said. Linda believes justice will prevail and that her brother's death is not in vain.

Jorge Alexandría is a former U.S. Government official (Labor Dept.) and an Army veteran who received his B.A. in Political Science from Cal State Los Angeles. He also graduated from Cal Poly Pomona with a Master’s Degree in Public Administration.  He has more than 20 years of experience in claims handling, supervision, and risk management. He can be reached at Riskletter@mail.com. Any views and knowledge expressed in this article belong to Jorge Alexandria alone and do not represent any other organization or person.

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