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6 Investigates: Pain Doctor Accused Of Witness Intimidation

Posted: Oct 16, 2012 10:05 PM by Mike Manzoni -- mmanzoni@kristv.com
Updated: Oct 17, 2012 10:06 AM


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CORPUS CHRISTI -- The pain doctor who first faced accusations of medical malpractice earlier this year is battling new accusations after an amended complaint accuses him of intimidating a former employee when she reported him to the state medical board.

Dr. Ryan N. Potter, who was the subject of a complaint filed by the Texas Medical Board in February, is accused of intimidating Cynthia Malowitz, a former nurse practitioner at his office, by filing a lawsuit and a restraining order against her.

The new paperwork, filed Oct. 5., includes a section on "Witness Intimidation" which alleges that Dr. Potter "...intimidated Cindy Malowitz, the complainant, by filing a lawsuit regarding the complaints Ms. Malowitz filed the TMB [Texas Medical Board." It continues, "...[the] stated purpose for filing the lawsuit was to stop Ms. Malowitz from complaining about him to the [Texas] Medical Board."

A restraining order filed against Malowitz in 2009 prohibited her from "Communicating in any manner with the Texas Medical Board, unless in reply to a specific inquiry initiated by a representative of the [Texas Medical] Board." That order, according to the amended complaint, "...constitutes retaliation and/or intimidation of a witness under several chapters of the Occupation Code."

Malowitz, who would not speak on camera citing her attorney's wishes, sent a text message Tuesday reading: "...there is no doubt in my mind that I have saved lives. I just wish someone had reported him sooner."

Dr. Potter's attorney, Ann Hennis, released a statement reading in part: "False testimony has been given by Cynthia Malowitz to the TMB against Dr. Potter. She misrepresented confidential patient information without the patient's permission or knowledge."

The state has not yet acted on the medical board's complaint.

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