Legal Difficulties of Robert A. Burkich, M.D.

Stephen Barrett, M.D.

Robert Burkitch, M.D. operates clinics in Atlanta and Ringgold, Georgia under the name Preventative Medicine Anti-Aging & Chelation. While looking for information on chelation therapists, I found that he has had significant legal difficulty.

In 2002, Burkitch pleaded guilty to one count of mail fraud and was placed on probation for a year, directed to perform 150 hours of community service, and ordered to pay a $4,000 fine plus a $100 assessment. According to news reports, the case involved a scheme to defraud by falsifying the theft of automobiles in order to claim them as stolen for insurance purposes [1].

In response to the conviction, his Georgia medical license was revoked in 2003 [2], his Tennessee medical license was revoked in 2004 [3], and his narcotic registration was revoked in 2005 [4].

In 2004, Burkich filed a lawsuit in federal court to overturn his conviction, claiming that he had been entrapped and coerced and that his attorney had not adequately represented him [5]. But the court dismissed this suit, stating that the statute of limitations for filing the suit had passed several months before he filed it.

Tennessee reinstated Burkich's medical license in 2008, and Georgia did the same in 2011.

News reports indicate that in 2014, a jury upheld a malpractice claim filed by a man who had consulted Burkich for help with fatigue and low sex drive. Burkich treated him with testosterone (a male hormone) and Tamoxifen, a hormone that is commonly prescribed to women with breast cancer but can case blood clots. After the man developed a blood clot and was hospitalized, he blamed Burkich and filed suit. In 2004, a jury awarded him $40,000, but the amount to which he was entitled was raised to $250,000 because of a high-low agreement made while the jury was deliberating [6].

References

  1. Hixson physician and highway patrolman face mail fraud charge. The Chatanoogan.com, Aug 31, 2001.
  2. Final decision. In the matter of Robert A, Burkich. Before the Georgia Composite Board of Medical Examiners, Aug 23, 2003.
  3. Final order. In the matter of Robert A, Burkich, M.D. Before the Tennessee Board of Medical Examiners, March 17, 2004.
  4. Robert A. Burkich, M.D.; Revocation of registration. Federal Register 70:28574-28575, 2005.
  5. Burkich RA. Memorandum of support of motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255, F.R.C.P., Rule 60(b) and/or any available federal remedy. In Robert A. Burkich vs. United States of America, U.S. District Court, Eastern District of Tennessee, Chattanooga Division, Case No. 1:01-CR-144, filed July 12, 2004.
  6. Memorandum. U.S. District Court, Eastern District of Tennessee, Chattanooga Division, Case No. 1:14-cv-213 / 1:01-cr-144, filed Aug 6, 20-04.
  7. Rice JA. $40K medical malpractice verdict raises to $ 250,000 due to a high-low agreement between attorneys while the jury deliberates. Georgia Injury Lawyer Blawg, Nov 14, 2014.

This article was posted on June 5, 2015.

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