Psychiatrist accused of raping patient has case dismissed

An administrative law judge dismissed a case against a Bay Area psychiatrist accused of raping a 13-year-old former patient, ruling that evidence was insufficient to support the claims, according to the Medical Board of California.

A hearing for Dr. Andrew Thomas Nadell, 75, whose practice is in Burlingame, was held in March over a complaint filed by the medical board in 2021. In it, officials sought to revoke or suspend Nadell’s medical license over allegations that he raped a patient while she was in a 72-hour psychiatric hold for depression in 2009. The board accused him of sexual misconduct, exploitation and abuse.

Nadell denied the allegations in a response filed with the board and requested a hearing. He was never charged with any crime, according to the San Mateo County District Attorney’s Office.

Administrative Law Judge Juliet Cox heard the case in late March. While the patient and her mother testified to multiple instances of sexual abuse and intimidation, the judge ruled that the testimony was not credible enough to constitute clear and convincing evidence, according to a document from the Office of Administrative Hearings.

“Among all of the evidence summarized ... the patient’s testimony about respondent is the only evidence that would, if true, support complainant’s allegations,” wrote Judge Cox in the ruling. “Clear and convincing evidence in this matter does not establish that respondent engaged in sexual abuse or violence against the patient.”

Nadell denied ever having engaged in any sexual activity with any patient, including the patient in question, who detailed her allegations to the board in 2019. On April 13, Cox dismissed the state’s attempt to revoke Nadell’s license.

A spokesperson for the board declined Tuesday to comment on the ruling.

The Board incurred $58,430 in costs for legal services, according to legal documents.

“We are satisfied with the decision of the Administrative Law Judge and Medical Board of California members who reviewed this case and completely vindicated Dr. Nadell,” said attorney Kevin Cauley, who represented Nadell in the hearing. “Dr. Nadell looks forward to returning his focus back to practicing psychiatry.”

Nadell has been certified in psychiatry by the American Board of Psychiatry and Neurology since 1980, and since early 1979 has maintained a private outpatient practice in adolescent and adult psychiatry, according to the hearing documents.