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Local doctor charged with sexual battery
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Criminal Allegations

Local doctor charged with sexual battery

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Diaa Hussein

A doctor with offices in Morganton, Marion and Lenoir was charged in McDowell County with three counts of sexual battery.

Dr. Diaa Eldin A Hussein, 65, of 110 Brookside Drive, Morganton, was served Monday afternoon with warrants for three misdemeanor counts of sexual battery, according to arrest warrants filed at the Burke County Clerk of Court’s office.

According to the warrants, Hussein touched the victim’s bottom and hip area, the area under her breasts, grabbed her bottom and put his hands in her pants’ pocket and asked if she was wearing underwear.

Hussein has been a licensed doctor in North Carolina since May 27, 2000. He owns Greenway Family Practice offices in Morganton and Lenoir and Greenway Health in Morganton and Marion, according to the practices’ website.

Hussein initially declined to comment to The News Herald, but then said he denied the allegations in the warrants and that the victim was an employee of his for three days before she took out the warrants against him. He said he plans to fight the charges in court.

The warrants were for offenses on three days: Jan. 6, Jan. 13 and Jan. 20.

The News Herald attempted to contact the victim in the case but could not reach her at the listed numbers.

Earlier complaint

While Hussein doesn’t have any previous criminal convictions, the N.C. Medical Board and Virginia Board of Medicine each have taken action against him in the past.

A consent order from 2016 filed on the N.C. Medical Board website ordered Hussein to have a female chaperone who has read the consent order present any time he examines a female patient, and the chaperone must make a note on the patient’s medical record that she was present during the examination.

The order came after a female patient filed a complaint with the board in August 2015.

According to the complaint, the patient started seeing Hussein for weight loss treatment in October 2014. In August 2015, she made an appointment with Hussein to be seen for evaluation of unrelated symptoms, the order said.

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During that appointment, the patient alleged that Hussein inappropriately touched her, made inappropriate comments about her appearance and gave her his personal cellphone number, according to the consent order.

Hussein admitted that he gave the patient his personal cellphone number, but said that was a common practice, the order said.

He denied inappropriately touching the patient or making inappropriate comments to her, but said that during the course of the examination he may have unintentionally examined or spoke to the patient in a way that she thought was inappropriate, according to the order.

He apologized for any feelings of “apprehension, embarrassment or discomfort” the patient may have felt, and accepted “personal and professional responsibility for any perceived boundary violations,” the consent order said.

The order remains in effect until the board orders otherwise, it said.

Virginia action

Hussein, who also has had a medical license in Virginia since Aug. 1, 1996, also had action taken against him by the Virginia Board of Medicine.

In response to the N.C. Medical Board’s actions, the Virginia Board of Medicine issued a reprimand and ordered that Hussein not be allowed to examine female patients in Virginia until the North Carolina board lifts its restrictions.

If he does go to Virginia to practice, he is prohibited from treating female patients until he petitions the Virginia Board of Medicine and is granted approval, the Virginia order said. 

The Virginia order, which was signed in 2017, also said Hussein had taken steps to prevent future incidents, including:

  • No longer providing his cellphone number to patients.
  • Implementing chaperoning policies, including chaperone training of all his staff.
  • Hiring more staff.
  • Assigning a chaperone to each exam room.
  • Having chaperones document their presence on patients’ medical records.
  • Patient satisfaction surveys.
  • Attending a “Medical Ethics, Boundaries and Professionalism” continuing education course.

As for the warrants issued Monday, Hussein received a $3,000 total bond, according to the arrest report published on the Burke County Police to Citizen website. He posted bond at the magistrate’s office, the report said.

His next court date is set for Feb. 26, the arrest report said.

Chrissy Murphy is a staff writer and can be reached at cmurphy@morganton.com or at 828-432-8941. Follow @cmurphyMNH on Twitter.

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