Dr. Mowlavi Lawsuit

The other side of the story

The text below is excerpted from Dr. Mowlavi's Declaration which is sworn testimony provided to the court.  We have provided a courtesy PDF of this document and referenced court documents for your review. You may, of course, download these documents from the Superior Court of Orange County.

This is the first time Dr. Mowlavi has pursued litigation against a patient.  We urge you to read the documents and understand the reasons why this lawsuit was filed

A Small Sample of the False Accusations

14. During my entire career, no patient has ever died on my table. I have also never been found liable for the death of any patient, or engaged in a "patient surgery accident:  I understand that the Defendants' false statements about this relate to the death of a former patient, Ms. Swarthout. The unfortunate circumstances of her death are confidential and not relevant to this case. However. she neither passed away on my table nor in my operating room or office. She did not even pass away on the day of her surgery with me but rather several days later at a hospital when I was not present. Ms. Swarthout's survivors filed a lawsuit following her death, but as public records show, this lawsuit was settled with no admission of liability.

15. I have never been found liable of medical malpractice. In my more than 15 years of practice, as is very common among plastic surgeons, I have been a defendant in medical malpractice lawsuits. In each of these lawsuits, however, I either defeated the case by defense verdict or the actions were voluntarily dismissed by the plaintiff: mutually resolved with no admission of liability, or remain pending. Each of these civil cases can be found by a case search and are public records so I believe anyone who wishes to obtain information about their status can easily do so online.

THE DECLARATION

Declaration of Arian Mowlavi, M.D.

Dr. Mowlavi Lawsuit Court Minutes

Please, see the following excerpt from the Court Minutes data February 12, 2022.

Plaintiffs have submitted sufficient evidence to show that numerous alleged defamatory statements were inaccurate. From August to November 2021, Defendant Johnson posted approximately 100 statements about Plaintiff Dr. Mowlavi. (ROA 32; Declaration of Dr. Mowlavi, page 3, lines 16-17). Defendant Johnson had 749,000 followers on her social media site. (Declaration of Dr. Mowlavi, paragraph 37).

Defendant posted that Dr. Mowlavi’s patient did die on the operating table. (Declaration of Dr. Mowlavi, page 4, lines 16-17). Dr. Mowlavi denied that this occurred. (Declaration of Dr. Mowlavi, paragraph 14).

The anesthesiologist used at Defendant Johnson’s surgery did not have two convictions for driving under the influence. (Declaration of Dr. Mowlavi, paragraph 20).

Although there had been various filing on medical malpractice against Dr. Mowlavi, there were no judgments. Liability was disputed. (Declaration of Dr. Mowlavi, paragraph 15).

Dr. Mowlavi did not lose privileges at multiple hospitals. (Declaration of Dr. Mowlavi, paragraph 18). He did voluntarily resign from Mission Hospital.

 

COURT MINUTES

2022-02-14 Minutes Orange County Courts