The license of a physician’s assistant accused of fondling a sedated patient remains in good standing following a hearing and review by the Illinois Department of Financial and Professional Regulation and the Illinois Medical Disciplinary Board .
A certified registered nurse anesthetist reported that David Tan, while assisting with an arthroscopy of a patient’s shoulder on July 1, 2015 at Silver Cross Hospital in New Lenox, touched the patient’s genitals several times.
The nurse became concerned during the procedure and took video of some of Tan’s movements with her cellphone.
Tan’s physician’s assistant license and his license to write prescription under the supervision of a physician were temporarily suspended as of July 15, 2015, pending the outcome of an investigation.
Tan, who was working under the supervision of Dr. Giridhar Burra, an orthopedic surgeon with Hinsdale Orthopedic Associates, said under oath the actions the nurse described were for medical purposes. According to Tan’s testimony, patients are held in position on the operating table with beanbags, and pillows are placed to prevent pressure on their limbs and body parts. Tan said his movements that the nurse thought were suspicious were to manipulate a valve on the beanbag to make it pliable and to reposition the pillows.
Other medical staff in the operating room, including Burra and two other nurses, testified they did not see Tan do anything inappropriate.
The only evidence against Tan was the nurse’s testimony.
The video is not proof because “there are multiple plausible interpretations” of what the video shows, Administrative Law Judge Mary Catherine Marubio said in her report to the State Medical Disciplinary Board.
Tan’s hands are not visible in the video and his explanation of what he was doing was plausible, the report stated.
“Creditable evidence also exists that (Tan) acted within the scope of his duties as a physician assistant,” Marubio wrote in her report dated Jan. 7. “The video does not show any sexual misconduct or non-indicated contact with the patient.”
Jay Stewart, director of the division of professional regulation of the Illinois Department of Financial and Professional Regulation, on July 5, ordered the temporary suspension end and both of Tan’s licenses remain in good standing.
Tan said, obviously, he is glad with the findings of the investigation.
“This whole thing was unfounded,” Tan said. “It has done a lot of damage to me, but the truth prevailed. I’m glad these hearings took place to show there was no merit to the complaint.”
Tan remains employed by Hinsdale Orthopaedics.
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