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U.S. v. KAPLAN

No. 15-10241.

836 F.3d 1199 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Stanley KAPLAN, MD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2016.

Attorney(s) appearing for the Case

Dennis P. Riordan (argued) and Donald M. Horgan , Riordan & Horgan, San Francisco, California, for Defendant-Appellant.

Elizabeth O. White (argued), Appellate Chief and Assistant United States Attorney; Daniel G. Bogden , United States Attorney; United States Attorney's Office, Reno, Nevada; for Plaintiff-Appellee.

Before: Susan P. Graber and Richard C. Tallman, Circuit Judges, and Nancy G. Edmunds, Senior District Judge.

OPINION

It is axiomatic that physicians are expected to do no harm. When a physician breaches that duty and puts his own interests above those of his patients, great harm can occur. Though the regulation of the practice of medicine is delegated to the states, when a physician misuses medical devices and threatens...

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