Yellen

Petitioner and appellant, Benjamin L. Yellen, (appellant) appeals from a judgment of the superior court denying his petition for writ of mandate, which sought review of a decision of the California Board of Medical Quality Assurance (Board) permanently revoking his license to practice medicine. The judgment is affirmed.

Facts

On December 2, 1981, Winston Kavanaugh (Winston), a 16-month-old boy, was brought to appellant’s office by his mother. He had a temperature of 103 degrees. Appellant gave Winston an injection containing Demerol, chlorpromazine, epinephrine, and sodium salicylate. He also wrote a prescription for a medication to be compounded by a pharmacist, containing:

Winston’s mother gave him one teaspoon of this medication every four hours, as directed. On December 3, at 10 a.m., Winston’s mother again took him to appellant’s office, where appellant injected him with salicylates.

At about 1:45 p.m., the babysitter called Winston’s mother to return home, then called again to say that Winston could not be aroused. His mother returned home and found him limp and blue. She took him to Pioneer Hospital emergency room, in Brawley, where Dr. Fred Greensite…