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The complaint could result in the revocation of the doctor's license to practice medicine in California.
Attorneys representing Dr. Chao claim that the government's case is weak because it is based on an isolated incident unrelated to patient care.
"All the boards are on high alert because of the scrutiny that's been placed on the nursing board," said malpractice attorney Tracy Green to the San Diego Union-Tribune. "They are getting alert to anything with drugs or alcohol or any convictions. The boards are being more aggressive than they used to be."