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KGW can get some records Oregon Medical Board has been trying to keep private, judge rules

KGW has been fighting to obtain records from the Oregon Medical Board about a doctor accused of sexual battery.
Credit: KGW
Deputy Attorney General Lisa Udland ruled that the Oregon Medical Board had to give KGW the letter of concern issued to Dr. Baldwin.

PORTLAND, Oregon — A Multnomah County judge has ruled in favor of KGW in the news organization’s fight to obtain records from the Oregon Medical Board about a doctor accused by multiple patients of sexual battery.

KGW has been working for months to get public records related to the medical board’s investigation of Dr. Christopher Baldwin. Dr. Baldwin’s case was featured in KGW’s recent investigative documentary, Sick MedicineThe documentary found dozens of cases where doctors accused of significant misconduct were allowed to continue practicing medicine, often in different states.

On Tuesday, Multnomah County Judge Leslie Roberts ruled partially in KGW’s favor in our public records case, saying the medical board must turn over documents regarding advice the medical board gave to Dr. Baldwin following the conclusion of its investigation into his alleged sexual misconduct.

In 2020, eight women sued Dr. Baldwin accusing him of sexual battery and medical negligence. The women accused Dr. Baldwin of pulling back their shirts and staring at their breasts in a way that wasn’t medically necessary. Three of the women additionally accused him of inappropriately touching their breasts or genital areas.

That lawsuit triggered an investigation by the Oregon Medical Board. The medical board has not disclosed the outcome of the investigation, although Dr. Baldwin was never publicly sanctioned. He was, however, issued a “Letter of Concern,” which the medical board has refused to make public.

After the medical board investigation, Dr. Baldwin’s medical license in Oregon was placed in “inactive” status. Later that same year, in September 2022, records show Dr. Baldwin obtained a medical license in Arizona. A search for his new medical license in Arizona showed no indication of the past accusations in Oregon.

RELATED: Why the Oregon Medical Board sued KGW during the reporting of ‘Sick Medicine’

KGW has been working for months using Oregon’s public records law to obtain the Letter of Concern issued to Dr. Baldwin. The medical board has repeatedly claimed the letter is confidential. KGW appealed that decision to the Oregon Attorney General, who ruled in KGW’s favor and ordered the medical board to disclose the letter and its attachment.

The medical board in turn sued KGW, asking a judge to rule the letter should remain confidential. Their argument was based on an Oregon law that says material gathered during medical investigation is exempt from public records disclosure laws.

On Tuesday, Roberts ruled partially in favor of KGW during a summary judgment hearing. Roberts acknowledged that certain parts of the records KGW is seeking may indeed be confidential under Oregon law, but she ordered the Oregon Medical Board to disclose parts of the letter containing advice issued to Dr. Baldwin by the medical board.

“It seems to me there is not a cloak of confidentiality regarding advice to the licensee,” Roberts said while making her ruling. “The mere fact that advice or other statement was in some way flowing from the investigation, or in some way is the result of an investigation is not an exemption from disclosure.”

Roberts said a trial court will need to decide if other parts of the letter that contain information obtained during the investigation are exempt from disclosure or not. She denied a motion from the Oregon Medical Board to keep all the records confidential.

RELATED: KGW investigation reveals how doctors are allowed to keep practicing despite being accused of serious violations

The ruling clears the way for KGW to obtain at least key portions of the Letter of Concern or its attachment, although the letter won’t be made public until the court formally issues its order. The medical board also has the right to appeal the decision before providing the records.

Dr. Baldwin was one of several doctors featured in the Sick Medicine investigation. We found 28 other doctors who went on to practice medicine in a new state after being disciplined by the Oregon Medical Board.

Among the other key findings, KGW’s analysis uncovered 59 doctors who were disciplined in another state, then later moved to Oregon and were disciplined again here. We found 154 doctors who were disciplined in Oregon then later went on to be disciplined in another state.

For more coverage, visit kgw.com/sickmedicine

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