Why I am suing the Medical Board of California in Superior Court
My paternal grandfather George Wilbur Porter is a family legend who trained and toured with Archie Moore - the longest reigning World Light Heavyweight Champion of all time. “Porter,” as he was called, won the California Golden Gloves in the welterweight category in the early 1950’s. Invictus was his favorite poem. It reflects his “unconquerable soul”. Porter’s most famous saying was, “Never pick a fight with someone who really wants to whup your ass!”
On July 1, 2024 a complaint for damages was filed in Superior Court of the State of California on behalf of Ahimsa Porter Sumchai, MD — Plaintiff vs. Medical Board of California charging Does 1 through 25 with Violations of California Constitutional Right to Due Process, Violation of Constitutional Right to Due Process (42 U.S.C. 1983, Denial of Fair Hearing, Interference with Prospective Economic Advantage and Intentional Infliction of Emotional Distress.
The Medical Board of California (MBC) faces an uphill battle in a constitutional law violations case in which I have only one fact to prove…that I am not Sumchai Ahisma MD or Ahinsa Sumchai!
That is the name on a packet of subpoenas with unsigned patient consent forms issued on June 17, 2021 to a non-existent medical board licensee.
Additionally, MBC must prove why it accused me, in the October 6, 2021 Accusation, of cross state prescribing of the topical analgesic lidocaine… when cross state prescribing of controlled substances like morphine was legalized in during the 2020 COVID pandemic — both in California and nationwide by the Drug Enforcement Administration.
The MBC Accusation falsely classified the topical analgesic lidocaine a “dangerous and expensive drug,” despite the easily proven fact that over the counter and prescription strength lidocaine do not fulfill dangerous drug criteria. Indeed, topical lidocaine is not a medication controlled by DEA.
Topical analgesics like lidocaine were not studied by the FDA until October 2018. Transdermal pain relievers are considered by the World Health Organization to be “safe alternatives” to truly dangerous prescription drugs like opiates and high dose NSAIDS.
The sole objective of prescribing creams, gels, ointments and patches, available over the counter at any drug store or supermarket, is to offer cash strapped seniors and disabled people suffering from chronic joint pain, alternatives to addictive drugs with dangerous side effects covered by Medicare, Medi-Cal and private insurance.
A Federal Department of Justice Civil Rights Violation was submitted against MBC in 2023 charging racism, gender bias and violations of the Americans with Disability Act, as evidenced by investigatory misconduct in the MBC investigation. These violations include failure to provide reasonable accommodation to a senior with a State Compensation Board adjudicated industrial spinal injury, negative bias in an investigation conducted in which no evidence of patient harm or complaint exists and an unconstitutional investigation in which documents were issued in five different names including Sumchai Ahisma MD, Ahimsa Sumchai and Ahinsa Sumchai. The MBC investigator named in the complaint for damage mysteriously disappeared when subpoenaed.
The failure to issue documents in a civil matter in the legal name of a medical board licensee stands as a violation of MBC corporate law requiring licensees use the legal name issued on their license.
At all times, beginning in 1982, the name on my medical license has been Ahimsa Porter Sumchai, MD. Indeed, this is my legal name, the name on my drivers license, marriage license, business licenses and the name on all certificates issued to me by the University of California at San Francisco School of Medicine and Stanford University School of Medicine.
Nowhere in the packet of subpoenas issued on June 17, 2021 by MBC investigators is the legal name of MBC licensee Ahimsa Porter Sumchai MD documented.
Sociological research proves women physicians are twice more likely to be called by their first names in professional and legal communications and on patient portals. This is my experience as a female physician and practice owner. The tendency to “strip” female physicians of hard earned professional titles represents a departure from standards of practice evident in communications with white male doctors. Adding further insult to injury, female doctors who insist on being called doctor may be ridiculed as insecure.
A Mayo clinic study found female doctors are more likely to be addressed by their first names than male doctors and attributed it to unconcious bias. A JAMA article reviewed patterns of addressing physicians with different titles based on gender or race as bias. In the academic setting “women were less likely to be addressed by a full professional title when introduced by men.” The term “untitling” describes the tendency to call female… and black doctors by their first names.
“Untitling (not using a person’s professional title) may have a negative impact on physicians, demonstrates lack of respect, and can lead to reduction in formality in the physician patient relationship, workplace and institutional leadership.” [https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2797039]
Sociologists consider this tendency to be a racial and gender micro-aggression.
This covert expression of racism and sexism permeates the MBC Accusation and manifests in an investigatory package that stripped me of my MD status from the start. It is most startlingly evident in the packet of subpoenas issued in June of 2021 — none of which are issued in the name of MBC licensee Ahimsa Porter Sumchai, MD.
What is most curious about the MBC Accusation is that it was issued during the expert witness Deposition process for the Hunters Point Community Lawsuit versus Master Developer Lennar/Five Point. [https://sfbayview.com/2009/04/singing-in-thr-rain-hunters-point-shipyard-enriches-sfs-most-powerful-families/]
An AI Lawyer analysis finds it “highly improbable” that three legal filings in two parallel civil actions could occur by chance on the same day or within 24 hours to a week from one another.
Even more curious is the fact the MBC investigation was conducted by “apex” government officials appointed by Governor Gavin Newsom within two years of the 2021 investigation. These officials include MBC Director William F. Prasifka (who was replaced in 2023 during the investigation following the filing of a DOJ complaint), DCA Director Kimberly Kirchmeyer and Attorney General Rob Bonta. Gavin Newsoms, as Governor of California, appears in the upper right hand corner of the DCA investigatory communications.
Newsom’s cousin and campaign treasurer served as Lennar corporations Vice President for Naval Bases Acquisition during the 2004 transfer of Hunters Point Shipyard Parcel A.
Both Gavin Newsom and Rob Bonta solicited me for political funding and support of anti-recall and gubernatorial campaigns during the course of the MBC investigation. An email sent to me by AG Rob Bonta in June of 2024 soliciting support for his 2025 gubernatorial run, was forwarded to my attorney representative.
In 2017 I challenged Gavin Newsom as a candidate in the San Francisco Mayoral race. Newsom’s nepotism and conflict of interest in the Hunters Point Shipyard Master Developer Lennar rises as an issue in the appearance of a politically tainted investigation by a state agency under his jurisdiction.
The United States Constitution defines procedural due process as a legal doctrine that requires the government to follow air procedures before depriving a person of life, liberty or property.
Specific procedures guaranteed by the Constitution include the essential elements of procedural due process. The history of Due Process stems from the Magna Carta of Great Britain which promised all would receive the ordinary processes of law.
In October of 2020, the California Medical Association House of Delegates voted to edit its Articles of Incorporation and mission statement to include an overarching permanent goal of achieving health equity and justice.
The Unfair Tribunal of Joan of Arc
“Every man gives his life for what he believes. Every woman gives her life for what she believes. One life is all we have, and we live it as we believe in living it.” Jeanne d’ Arc [https://www.biographyonline.net/quotes/joan-arc.html]
Joan the Maid, as she called herself, was 19 years old and stood five feet tall when burned at the stake on May 30, 1431, charged with the crime of “relapsing heresy” for wearing mens clothing. Joan of Arc was tried by an unfair tribunal paid for by her political opponent King Henry VII of England. In a memorable quote she said, “All battles are first won or lost, in the mind.”
[Joan the Maid: The Battles — 1994 — Blue-ray 1080p Full Move: https://youtu.be/GPmYDTA05o4?si=Qhaza2KlbNvM62oc]
An American Bar Association publication analyzed the 12 count Accusation and biased tribunal conducted in the condemnation trial of Joan of Arc against contemporary standards of constitutional law.
Titled the trial of Joan of Arc, the analysis identifies numerous contemporary Bill of Rights violations that would not stand in a modern day courtroom. Ranked highest was the biased and impartial tribunal. [https://origin.web.fordham.edu/halsall/basis/joanofarc-trial.asp]
The 1350 rehabilitation trial of Joan of Arc identified deceit, procedural due process violations, denial of appeal to higher authorities (including the Pope), alteration of legal records and the unfair tribunal paid for by King Henry VI and staffed by his loyalists. The Accusation was formally torn up and thrown out following the rehabilitation trial.
“Never pick a fight with someone who really wants to whup your ass!” George Wilbur Porter circa 1959
These are the words from the “unconquerable soul” of my deceased grandfather George W. Porter — real estate agent, homeowner, winner of the California Golden Gloves and close friend and training “buddy” of light heavy weight world champion Archie Moore.
Invictus was his favorite poem and I share these words now as I face the “fell clutch of circumstance” in my legal action before the Superior Court of California against the Medical Board of California:
“In the fell clutch of circumstance I have not winced nor cried aloud
Under the bludgeoning of chance my head is bloody, but unbowed.
Beyond this place of wrath and tears looms but the horror of the shade.
And yet the menace of the years finds and shall find me unafraid.
It matters not how strait the gate, how charged withpunishment the scroll,
I am the master of my fate,
I am the Captain of my soul.
William Ernest Henley
