Doctor Ordered to Discontinue Water Birth Deliveries : Allegations: The state tries to close the clinic of a physician accused of negligence and sexual misconduct. An attorney says the charges are unsubstantiated.

SANTA ANA —  A La Habra doctor, accused by the state medical board of negligence in the delivery of four babies and of sexual misconduct while treating five mothers at his birthing clinic, was ordered Thursday by a Superior Court judge to discontinue “water births,” the method of delivery used in one of the cases under investigation.

The judge’s ruling, however, fell short of the medical board’s request to shut down the Marchbanks Alternative Birthing Center, owned by Dr. Howard E. Marchbanks, 70.

State officials wanted the clinic closed until the California Medical Board can hold a hearing on the allegations of sexual misconduct and negligence. They noted that Marchbanks was previously suspended for six months and placed on probation in June, 1977, following malpractice charges similar to those currently under investigation.

“It’s so gross, your honor, that to allow (Marchbanks) to practice, is really allowing unsuspecting women to continue to go in and be abused,” Deputy Atty. Gen. Heidi Weisbaum argued in court.

Weisbaum told the court that the sexual misconduct included fondling and the use of crude language during routine examinations of five women.

No criminal charges have been filed against Marchbanks.

Marchbanks’ attorney, Richard W. Pacelli, called the charges “unsubstantiated, hearsay contentions” and pleaded with Court Referee Greer Stroud not to close the clinic until Marchbanks had an opportunity to present his side of the case. He added that he and the physician had not been made aware of the charges until Wednesday.

“To shut him down completely under these allegations,” Pacelli said, “is to take away his livelihood.”

The complaint by the medical board states one child born at the center subsequently suffered brain damage and another experienced heart and lung problems.

Twins were also born at the center, even though birthing clinics are not supposed to handle twins because they are considered “high risk” deliveries, medical board investigator Steve Rhoten said, adding that Marchbanks did not know the mother was going to have twins.

A “water birth,” which was allegedly mishandled, was videotaped last July by the clinic as one of the services offered to patients, Rhoten said.

During a water birth, a baby is immediately immersed in a warm bath in order to duplicate the environment of the womb. The method is preferred by some mothers.

Rhoten said before Thursday’s hearing that two medical experts who reviewed the videotape were appalled by the errors it revealed. “They found it hard to watch,” he said.

State investigators allege that the videotape will show that the heartbeat of the newborn was not monitored during the 20 minutes before birth and that the baby was limp and gray when it was born. However, there was no immediate efforts to provide the baby oxygen, according to investigators.

Weisbaum told the court four hours passed before the newborn was taken to a hospital. The baby is still under medical supervision.

Marchbanks “is abusing unsuspecting mothers, unsuspecting fetuses. He does not know a high-risk birth when he sees it,” Weisbaum said.

Pacelli said Marchbanks would agree to discontinue water birth deliveries pending another hearing.

After the testimony, Stroud turned the case over to Judge James L. Smith, who sided with Pacelli and set a hearing for May 23.

Marchbanks, whose public comments were restricted by his attorney, said afterwards: “I’m going to have to stop hugging my patients.”

He said the prohibition on water birth deliveries would not impact his practice because he has none scheduled and has used that method only three times during his 47-year career as a general practitioner.

Marchbanks has practiced in Orange County since 1957. He operated his birthing clinic in Orange from 1975 to 1977, when he was placed on suspension by the medical board.

A record of the board’s findings at that time stated that Marchbanks had “demonstrated his inability to practice medicine.” Although he also was placed on a 10-year probation, the strict supervision was removed in 1984.

He operated a birthing clinic in Brea before opening the La Habra center in 1981 while still on probation.

The incidents under investigation occurred during the last 18 months, investigators said.