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Alarming Complaint Against Doctor

SAN BERNARDINO (CN) - A woman with a worker's compensation case claims in court that the doctor who evaluated her masturbated in her presence, saying, "Let's see what else I can add here to maximize your claim. I can get you more money. ... How much money to do you want?"

Mary C. sued Dr. Robert MacArthur and Advance Care Specialist Medical Clinic, in Superior Court.

She claims she saw Macarthur at Advance Care's Riverside, Calif. outlet on May 25, 2011, and that MacArthur "conducted his evaluation without the presence of a nurse."

The complaint continues: "Initially, Dr. MacArthur sat at a desk opposite Ms. [C.] and questioned her about her injuries, worker's compensation case, and upcoming deposition. After exhausting his topics of inquiry, Dr. MacArthur stopped speaking and continued writing notes on the patient chart. Believing that the evaluation was almost over, Ms. [C.] remained quiet and looked at her hands.

"After a few moments, Dr. MacArthur stopped writing and passionately exclaimed, 'Let's see what else I can add here to maximize your claim. I can get you more money.' Ms. [C.] then hear Dr. MacArthur roll his chair away from the desk, whereupon she looked at Dr. MacArthur, who was now leaning back in his chair and stroking his genitals with his hand.

"Dumbfounded by Dr. MacArthur's unwelcome sexual conduct and not quite sure of what was going on, Ms. [C.] remained speechless and watched him fondle his penis for approximately 5 seconds under he propositioned her to have sex with him by seductively asking her [']How much money do you want?' Flush with embarrassment and now reeling with fear, she quickly attempted to redirect the conversation by pointing to a chart on the wall and asking Dr. MacArthur what was making her legs go numb. Dr. MacArthur then rose from his chair and took several awkward steps toward Ms. [C.], which caused her to begin shaking uncontrollably and to panic. Believing that a sexual assault was imminent, Ms. [C.] jumped out of her chair and fled the room. Once free from Dr. MacArthur's lair, Ms. [C.] attempted to regain her composure in the waiting room. Still in hot pursuit, Dr. MacArthur walked up to Ms. [C.] and scanned her body up and down with his eyes, and then left without saying anything."

She claims that she could not return to Advance for scheduled medical appointments for 7 weeks for fear of seeing MacArthur again, and suffered "humiliation, anxiety, nervousness, fear, anger, depression, crying spells, inability to concentrate, nausea and exhaustion."

Finally, on July 18, 2011, she says, she returned to the clinic and told another doctor what had happened. That doctor asked why she had not reported it earlier, and she told him "that she was fearful of retaliation by Dr. MacArthur with respect to her pending worker's compensation case," according to the complaint.

This doctor told her "that Dr. MacArthur was no longer employed with Advance as he 'unexpectedly quit,' thereby stranding his patients," the complaint states.

She seeks punitive damages for sexual harassment, civil rights violations, intentional infliction of emotional distress, medical expenses and costs.

She is represented by Mark Avila with Avila & Shadow, of Woodland Hills.

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