San Antonio doctor suspended for fondling patient's breasts now faces lawsuit

Legal Troubles and Suspension of a Texas Doctor

In the fall of 2023, a San Antonio-based doctor found himself at the center of controversy after being suspended by the Texas Medical Board. The doctor, Robert Gerard Jakubowski, was accused of violating patient boundaries during an examination of an elderly woman who had come in for treatment of an eye infection.

According to an agreed order with the board, Jakubowski "violated patient boundaries by fondling the patient's breasts." The incident reportedly occurred when he was not accompanied by a required chaperone, as mandated by a previous order from 2018. That order stemmed from allegations that Jakubowski had engaged in a sexual relationship with a patient while treating them for chronic pain, depression, and anxiety.

Now, the elderly woman is taking legal action against Jakubowski, along with Garza Medical Group, the practice that employed him, and Dr. Nora Garza, the owner of the clinic. The lawsuit, filed in state District Court in San Antonio, seeks unspecified financial damages. However, no working telephone number for Jakubowski could be found, and representatives from the medical group have not responded to requests for comment.

A Pattern of Misconduct

Jakubowski admitted to touching the woman’s breasts and failing to have a chaperone present during the medical encounter, as outlined in a February 2024 order temporarily suspending his license. Despite this, he had previously noted in his records that a female chaperone was present during the encounter, according to the order.

The Texas Medical Board concluded that Jakubowski’s actions posed a threat to public welfare, leading to the suspension of his license. This means he is now barred from examining or treating patients. Calls to Garza Medical Group were not returned, and the woman’s name remains undisclosed in the lawsuit, as per the publication’s policy on identifying victims of alleged sexual assault.

Her complaint states that she has suffered emotional and physical damages as a result of the inappropriate contact. During her visit on September 14, 2023, Jakubowski placed her on the examination table and "proceeded to feel, grope, and touch" her under her shirt and bra, according to the lawsuit.

The plaintiff claims that when she reported the incident to Garza Medical Group, someone responded with, “Oh no, it happened again.” About two months later, she filed a report with the San Antonio Police Department regarding the incident, though Jakubowski was never criminally charged. His employment at the clinic was terminated shortly after.

Previous Disciplinary Actions

Board records show that Jakubowski had faced disciplinary action before. In 2016, he received a public reprimand and had his license restricted from treating patients with chronic pain for two years after engaging in a sexual relationship with a patient.

As part of the 2018 order, the board required that any time Jakubowski performed a physical examination on a female patient, a chaperone must be present in the room. He was also required to be monitored for 12 months by a physician and complete educational courses on professional boundaries, medical recordkeeping, and pass a medical jurisprudence examination.

Despite these measures, Jakubowski continued to face issues. In 2019, he was found to have violated the terms of the 2018 order by prescribing controlled substances to four patients. He was ordered to pay a $5,000 administrative penalty and complete eight hours of continuing medical education.

In 2020, the board found him in violation again for prescribing controlled substances beyond an acute need. He was prohibited from prescribing certain high-abuse-risk drugs. In late 2022, he sought to terminate the 2018 order but was denied, with the board stating it would not be in his or the public’s best interest.

Ongoing Legal Proceedings

In February 2024, following the incident with the elderly woman, the board issued a temporary suspension of Jakubowski’s license. He appeared before the board in July 2024 via video conference. By October, the board ordered that his license remain suspended until he provides written evidence of his ability to safely practice medicine. This includes demonstrating his physical, mental, and overall competence to treat patients.

Jakubowski, who is board-certified in internal medicine, continues to face scrutiny from both the medical board and the courts. The case highlights ongoing concerns about patient safety and the importance of adhering to professional boundaries in healthcare settings.