The disciplinary action stems from an incident on Jan. 2, 2012, in which a 23-year-old female patient, interviewing for a clerical position at his office, was asked to take all her clothes off to be weighed, according to a report from the state medical board.
The woman’s testimony alleges she was given no option for a medical gown, and was told by the doctor that he would also take off everything if she asked him to, according to public documents.
Dr. Johnson, 65, and the patient’s family were described as “family friends” in the state’s report. Her doctor since two-months-old, Johnson attended her high school graduation party and wrote a letter of recommendation for her.
In Johnson’s testimony — during a hearing Jan. 28, 2014 — he claimed he only wanted the woman to take off her sweater in order to get her blood pressure, and “froze” when he found her to be naked in the exam room.
Johnson’s testimony stated that after the woman walked to the scale to record her weight, he did not proceed to take her blood pressure or listen to her heart because the “situation was awkward” and he didn’t think anything that constituted touching would be appropriate.
Also during the January hearing, testimony was made in favor of Dr. Johnson by his wife and two fathers of patients, as well as letters of support submitted by parents.
His wife, Eugenia Johnson, told the Journal-News Friday that this situation occurred simply as the result of Dr. Johnson attempting to help someone. She said her husband was concerned about the woman because she had gained a significant amount of weight in a short period of time and had a history of asthma. She said the job the woman was applying for required heavy lifting, while frequently going up and down stairs.
“As her doctor, his intention was to get a good weight and blood pressure, but it was never to get completely undressed to do so,” Eugenia Johnson said. “In his shock at seeing her completely undressed, and as to not embarrass her, he said nothing, had her weigh herself, then immediately get dressed. He did not touch her, and there were no criminal charges made.”
Leading up to the hearing, Michael Staples, an enforcement investigator for the state board, interviewed both parties and later provided testimony.
“I would not call it a sexual, like, predator-type case. … But it seems to be what I would classify as a sexual opportunity crime, where someone puts themselves in an opportunity for a sex act and then waits to see if that person is going to give any indication that they would be willing,” Staples said, according to state documents.
The woman, now 25 years old, testified that she immediately drove home, told her parents and filed a report with Middletown police. She later settled a civil lawsuit against Johnson and no criminal action was taken against him.
The state’s hearing examiner determined Johnson’s testimony was “inconsistent and illogical,” while upholding the patient’s testimony as “honest and reliable.”
“There is no dispute that Dr. Johnson abused his position of trust with Patient 1 by engaging in predatory behavior to satisfy some prurient need,” states a report by hearing examiner Danielle R. Blue.
It was recommended to the medical board that Johnson’s license be permanently revoked, but the board voted April 9 to suspend his license effective April 25.
Johnson, who’s been licensed for 31 years, has operated a solo practice in Middletown since 1985. He has no prior disciplinary actions.
“The State Medical Board has considered him guilty from the beginning and have treated him as such,” said Eugenia Johnson. “We sought legal counsel but had to discontinue because it would have cost upwards of $100,000. Her attorneys were provided for her free of charge by the State Medical Board.”
She said once Dr. Johnson no longer had legal counsel, he didn’t truly stand a chance.
“We have discovered that the State Medical Board is not for the doctor,” his wife said. “One of the most heartbreaking statements made by the state board is that they feel that the public needs to be protected from him. That could not be further from the truth.”
Eugenia Johnson said for 30 years her husband has made himself available to his patients 24 hours a day, seven days a week, 365 days a year. She said she knows he will be very much missed.
“I told him this morning to hold his head up. God, family and friends, his wonderful patients and he know that he has done nothing wrong, but in fact, has done the very, very best he could for 30 years, and that can never be taken from him.”
The medical board did establish conditions for reinstatement of the medical license, including probation for at least five years and taking courses on dealing with personal/professional ethics and maintaining physician/patient boundaries.
In Butler County, from 2010 to 2013, there have been 10 medical licenses either permanently revoked, suspended or placed on probation, according to the state medical board. There are just under 500 state-licensed physicians in Butler County, and more than 32,000 across Ohio.
Less than 1 percent of physicians in Ohio have a complaint filed against them, said Mary Courtney Ore, deputy director of communication at the State Medical Board of Ohio.
Ore said complaints are evaluated for merit before the investigations unit takes over the case and begins gathering information.
“It takes a great deal of time because we do our due diligence,” Ore said.
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