Tustin Gynecologist Files for Bankruptcy : Courts: The move by Dr. Ivan Namihas, accused of sexually abusing about 50 patients, may result in discharge of negligence lawsuits against him.

Dr. Ivan C. Namihas, the Tustin gynecologist at the center of the largest medical sexual abuse case in California history, has filed for federal bankruptcy, a move an attorney for three former patients called a “clever move” to shield the doctor from negligence suits.

When Namihas, the 59-year-old doctor accused of sexually abusing about 50 patients, filed for Chapter 11 in Nevada on May 29, he may have sidestepped such lawsuits against him, said Santa Ana attorney John A. Rosenbaum.

“This was very smart, a very clever move,” said Rosenbaum, who added that two of his clients are reconsidering their negligence suits against their former doctor. “Basically, a suit like this is no different than incurring a debt. Really, it’s no better or worse than running up a Visa bill, so when you file for bankruptcy you might be able to have them discharged.”

Namihas could not be reached for comment. The Las Vegas attorney who filed his bankruptcy petition, Timothy Cory, was in Arizona on business Thursday and also unavailable for comment, his secretary said. Also, because Namihas did not complete all filing procedures, information on his assets and debts was not available Thursday, a court clerk said.

Because his insurance company is seeking to nullify Namihas’ policy (the company claims that the Brazilian-born doctor lied on his policy application), negligence judgments against him could become personal debts. And, Rosenbaum said, personal debts may well be wiped out by the bankruptcy court.

Tom Musselman, an area bankruptcy attorney, said Chapter 11 assists in the reorganization of personal affairs and automatically puts a hold on litigation seeking damages from the person filing bankruptcy. He said simple negligence cases could very well be discharged by the court, although he added that flagrant cases could fall into the realm of wrongful or malicious injury cases, which are generally not discharged by the bankruptcy process.

Some of the cases pending against Namihas fall very clearly into the wrongful or malicious injury category, Rosenbaum said, including one he himself is handling.

“Yes, those cases are still there, but let’s say he has just gotten out of five of the 10 suits against him,” Rosenbaum said. “That means he’s just cut his debt in half. If I were in a similar position, this is what I would have done, too.”

While they aren’t immediately endangered by the bankruptcy proceedings, the wrongful or malicious suits will be delayed. It’s not rare for a defendant to file for bankruptcy while in civil litigation, said Los Angeles attorney Gloria Allred, who represents 26-year-old Delia Hernandez of Buena Park.

“It’s not an uncommon approach,” Allred said. “Basically, this means we would not be able to pursue the suit until after” a resolution to the bankruptcy proceedings.

Hernandez, also a former employee of Namihas, is suing the doctor for unspecified damages, claiming she suffered sexual battery, employment discrimination, wrongful termination and emotional distress.

Hernandez is one of about 50 women who have charged Namihas with sexual misconduct, accusations that cost the gynecologist his right to practice medicine in California.