ALJDEC decisions subject to certification as final
22A-17253-MDX · Arizona Medical Board · 2022-06-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
JOSEPH C. LINDSTROM, M.D.
Holder of License No. 17253
For the Practice of Allopathic Medicine
In the State of Arizona,
Respondent
No. 22A-17253-MDX
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: May 3, 2022
APPEARANCES: No one appeared for Respondent; Seth T. Hargraves, Esq. appeared for the Arizona Medical Board
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
The Arizona Medical Board (“Board”) is the duly constituted authority for licensing and regulating the practice of allopathic medicine in the State of Arizona.
On March 16, 2022 the Board issued a Complaint and Notice of Hearing for License Revocation setting the above-captioned matter for hearing beginning at 9:00 a.m. May 3, 2022.
No representative appeared for Respondent Joseph C. Lindstrom, M.D. at the scheduled hearing-time and the matter was convened in his absence at about 9:18 a.m.
Through its Complaint, the Board alleges that Dr. Lindstrom committed unprofessional conduct as defined in Ariz. Rev. Stat. section 32-1401(27)(ee).
The Board presented the testimony of investigator Rachel Shepherd.
Dr. Lindstrom was initially licensed on November 27, 1987; his license was due for renewal on May 5, 2022.
In June 2020, the Board received notice of a malpractice settlement involving Dr. Lindstrom’s treatment of a patient and it opened an investigation.
Through a letter dated June 19, 2020, the Board informed Dr. Lindstrom that the investigation was open, but that he was not required to act at that time.
Through a June 26, 2020 letter emailed to Dr. Lindstrom’s address of record, the Board informed him that there was an allegation that he had provided questionable care to the patient and that he was required to provide a narrative response and certain medical records by July 8, 2020. Dr. Lindstrom did not respond to that correspondence.
The Board’s June 26, 2020 letter informed Dr. Lindstrom that if his license expired before the matter was resolved, his status would be changed to Suspended E until the investigation was completed.
On July 31, 2020, the Board sent Dr. Lindstrom a follow-up email to which he did not respond.
On August 25, 2020, the Board left Dr. Lindstrom a voicemail to which he did not respond.
On September 10, 2020, Ms. Shepherd telephoned Dr. Lindstrom at which time he gave her a new email address and told her that he was retired. Ms. Shephard explained that the Board was still required to investigate the malpractice claim. She also informed Dr. Lindstrom that she would send to his new email address the Board’s June 26, 2020 letter.
The Board sent its letter of June 26th to Dr. Lindstrom’s new email address, setting a deadline of September 24, 2022 for him the provide the required response to the allegation against him. Dr. Lindstrom did not respond.
On October 23, 2020, the Board again sent its letter of June 26, 2020 to Dr. Lindstrom’s new email address, with a new deadline of November 6, 2020. Dr. Lindstrom did not respond.
On November 13, 2020, the Board mailed a letter to Dr. Lindstrom’s address of record informing him that if he did not provide the required response to the allegation against him by December 2, 2020, the Board would also charge him with failing to provide the Board information in a timely manner, which is unprofessional conduct as defined in Ariz. Rev. Stat. section 32-1401(27)(ee). The Board also sent a copy of that letter to the email address he had provided Ms. Shephard. Dr. Lindstrom did not respond.
On December 31, 2020, the Board sent by certified mail to Dr. Lindstrom’s address of record and by email a notification that it had added to the complaint an allegation that he had failed to timely furnish the Board with information as required. That notice informed Dr. Lindstrom that he was required to respond to the original allegation and this new allegation by January 14, 2020 [sic] and that if he failed to do so, he would be required to appear for a Board interview. Dr. Lindstrom signed for the certified letter on January 19, 2021, but did not provide the Board with any response to either allegation.
The Board also sent to Dr. Lindstrom’s office by certified mail a copy of its notice of December 31, 2020, which was signed for on January 20, 2021. Dr. Lindstrom did not respond.
On March 25, 2021, the Board sent by Fed Ex to Dr. Lindstrom’s home address and his office address an Order to Appear at Investigative Interview on April 6, 2021, with that interview to be conducted by Zoom. Fed Ex delivered both copies of that Order on March 29, 2021. Dr. Lindstrom did not appear for the interview.
The Board received from another source the medical records related to the malpractice settlement and its consultant determined that Dr. Lindstrom had not deviated from the standard of care in his treatment of the patient.
Ms. Shephard prepared an Investigative Report dated April 27, 2021, in which she concluded that Dr. Lindstrom had violated section 32-1401(27)(ee).
The Board provided Dr. Lindstrom with a copy of Ms. Shephard’s Investigative Report and informed him that he could submit a response, with a deadline of May 11, 2021. Dr. Lindstrom did not respond.
The Board’s Staff Investigational Review Committee prepared a Recommendation dated June 24, 2021 in which it concluded that Dr. Lindstrom should be given the opportunity to surrender his license, but if he did not, the matter should be referred to the Office of Administrative Hearings for revocation proceedings.
Through a letter dated October 15, 2021, the Board informed Dr. Lindstrom that he could sign an enclosed consent order surrendering his license, and if he did not revocation proceedings would be instituted.
Dr. Lindstrom did not sign the consent order and the Board noticed this matter for hearing.
At the hearing, the Board requested that Dr. Lindstrom’s license be revoked and that he be ordered to pay the costs of the hearing.
CONCLUSIONS OF LAW
The Board has jurisdiction over Dr. Lindstrom and the subject matter in this case. Ariz. Rev. Stat. § 32-1401 et seq.; see also § 32-3202.
The Board has the burden of proof, with the standard of proof being clear and convincing evidence. Ariz. Rev. Stat. § 32-1451.04.
Clear and convincing evidence is a “heightened standard of proof that indicates that the thing to be proved is highly probable or reasonably certain.” Kent K. v. Bobby M., 210 Ariz. 279, 284–85, ¶ 25 (2005)(quoting Black’s Law Dictionary 7th ed.).
Ariz. Rev. Stat. section 32-1401(27)(ee) provides that it is unprofessional conduct to fail “to furnish information in a timely manner to the board or the board's investigators or representatives if legally requested by the board.”
The Board was required to investigate the malpractice settlement to determine whether Dr. Lindstrom was in violation of the Board’s statutes or rules. Ariz. Rev. Stat. § 32-3203.
Clear and convincing evidence shows that Dr. Lindstrom violated section 32-1401(27)(ee) because he did not furnish the Board with the information it requested.
Because Dr. Lindstrom has committed unprofessional conduct, the Board has authority to discipline his license, including charging him for the costs of the hearing. Ariz. Rev. Stat. § 32-1451(M).
Clear and convincing evidence shows that Dr. Lindstrom is not amenable to regulation by the Board, which is seen by his failure to respond to the Board’s repeated requests for information and by his failure to appear at the hearing. Consequently, Dr. Lindstrom’s license should be revoked and he should be charged with the costs of the hearing.
RECOMMENDED ORDER
IT IS ORDERED that Joseph C. Lindstrom, M.D.’s License No. 17253 is revoked;
IT IS FURTHER ORDERED that Dr. Lindstrom must pay to the Board, the costs of the hearing.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order is five days after the date of that certification.
-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, June 27, 2022.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Patricia E. McSorley, Executive Director
Arizona Medical Board
By Miranda Alvarez
Legal Secretary -54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000