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March 16, 2010

Doctor ordered to stop pelvic exams

London physician accused of sexual misconduct, inappropriate exams

The Times-Tribune

CORBIN — By Samantha Swindler / Managing Editor

A London doctor and part-time minister has been ordered by the state to stop all pelvic examinations after complaints surfaced about inappropriate exams on female patients and sexual misconduct.

An emergency order of restriction from the Kentucky Board of Medical Licensure was filed March 4 against Jackie D. Maxey, MD.

The state board had received a grievance complaint from Dr. Marc Briere, MD, at London’s Women’s Care, in which Briere stated that a number of his female patients reported receiving an unusually large number of pelvic exams and pap smears, up to 20-30 a year in some cases, from Dr. Maxey.

In his grievance, Dr. Briere named 11 patients who had made such reports.

One 21-year-old patient reported having 20-30 pelvic exams in one year, done without the presence of a chaperon and at times in an inappropriate manner.

When she was involved in a car accident in October 2005, Maxey reportedly visited her in the hospital and wanted to perform a pelvic exam; she declined because of the pain.

Another 20-year-old patient reported having 8-10 pap smears during a two-year period from Maxey, but she only received a lab report and bill for one of them.

One 14-year-old patient reported going to see Dr. Maxey about strep throat. Maxey reportedly performed a pap smear but didn’t do anything about her throat.

Multiple patients reported inappropriate breast exams performed by Maxey.

“A number of patients complained of the frequency with which the licensee performed pelvic exams or pap smears without justification and without any report or billing for one or more of the examinations,” the report stated. “One or more patients also complained about inappropriate sexual questions/comments by the licensee.”

In his response included in the report, Maxey said he is passionate about diagnosing gynecological cancer because his mother died of pelvic cancer at 58 while under the care of a gynecologist.

“He acknowledged that there have been times when he has done pap smears and pelvic exams without a chaperone present when he felt the patient was comfortable with this, and he was comfortable with the patient,” the report stated.

Maxey told the board’s investigator that “his passion is being a minister and he is a part time minister now and has hopes of being a full time minister in five years.”

According to the report, Maxey did not attend a scheduled meeting to respond to the allegations.

The inquiry panel, which was chaired by Dr. C. William Briscoe of Corbin, concluded there was “probable cause to believe this physician’s practice constitutes a danger to the health, welfare and safety of his patients or the general public.”

Based on that probable cause, the panel’s decision bars Maxey from performing pelvic, breast, vaginal, rectal, pap or other sensitive exams, and prohibits him from being in the presence of a fully or partially disrobed female patient unless he is accompanied at all times by a board-approved chaperon.

Maxey, a Laurel County native, has 30 days to file a response to the allegations. A hearing is scheduled for Aug. 10-13 at the Kentucky Board of Medical Licensure office in Louisville.

Dr. Maxey’s office had no comment about the order of restriction when contacted by the Times-Tribune Monday.

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