A Blytheville doctor is facing a lawsuit from a former patient who says the doctor "repeatedly engaged in sexual misconduct" while treating her.
The lawsuit comes barely two months after the Arkansas State Medical Board suspended Dr. David Diffine's medical license after video surfaced of him walking around his office naked and masturbating in front of his staff.
The plaintiff, Carol Ballard, filed the lawsuit Tuesday in Greene County, and it was first reported by KAIT-TV in Jonesboro (K8 News).
According to the complaint, Ballard started seeing Diffine within the last 18 months at his clinic, Diffine Family Practice. The clinic is also listed as a defendant in the lawsuit, and records from the Arkansas Secretary of State's Office show Dr. Diffine as the only officer of Diffine Family Practice, PLLC.
The complaint says Ballard entrusted Diffine, as her physician, with her physical well-being and emotional safety. "During purported medical examinations," however, Ballard says Diffine exposed his genitals to the plaintiff "without any legitimate medical purpose"; made lewd, sexual remarks and solicitations; and engaged in "improper physical contact and/or attempt[ed] to do so under the guise of a medical exam."
Based on Diffine's alleged actions, Ballard asserts claims of battery, intentional infliction of emotional distress, intrusion upon seclusion, and breach of fiduciary duty against Diffine, as well as negligent hiring/supervision/retention against the clinic. She seeks compensatory damages for mental anguish, severe emotional distress, physical symptoms related to emotional trauma, loss of enjoyment of life, and medical and therapy expenses incurred or to be incurred, according to the complaint. She also seeks punitive damages due to Diffine's "intentional, reckless" actions, which Ballard says "evidenced a total disregard for plaintiff's rights and welfare."
As lawsuits go, this one is pretty light on details. It does not say how many times Ballard saw Dr. Diffine, nor does it provide specific dates for appointments in which he is alleged to have done the improper acts. It has no specifics about any actual conduct to support the battery claim, saying only that the doctor "intentionally engaged in harmful and offensive contact" with Ballard.
It also says nothing about what the "lewd, sexual remarks" were that the doctor allegedly said, nor does it provide any details about the "improper physical contact" or attempted improper physical contact, that Ballard claims Dr. Diffine engaged in. The complaint leaves out details that would be needed to sustain Ballard's intrusion-upon-seclusion or breach-of-fiduciary-duty claims.
Ballard's attorney, John T. McGinnes, has only been licensed to practice law since April, so the paucity of specifics might simply be a lack of experience on his part. But, whatever the reason, there is a good chance McGinnes will need to amend the complaint and provide additional information if this case is going to proceed.
Lack of specifics notwithstanding, Ballard's complaint is not the first allegation of improper sexual behavior against Diffine in recent months. In October, the state medical board issued an emergency suspension of Diffine's medical license after allegations that Diffine repeatedly walked nude around his clinic and masturbated in front of staff.
Video evidence, first obtained by KAIT-TV, reportedly taken during business hours in 2019, shows the doctor walking around his office and employees in the nude (except for a baseball cap), masturbating in front of three women in the reception area, and ejaculating directly on one of the women, according to KAIT. The medical board originally scheduled a December 6 hearing on the license suspension, but that hearing was continued until a later date at the doctor's request, KAIT reported earlier this month.