DOCTORS SUE TEXAS MEDICAL BOARD FOR MISCONDUCT – Cites institutional culture of retaliation & intimidation

The entire Texas Medical Board (TMB) and its officials have been named in a lawsuit filed by the Association of American Physicians and Surgeons (AAPS). The complaint, filed this week in District Court in Texarkana, accuses the board of misconduct while performing its official duties, specifically:

  1. Manipulation of anonymous complaints;
  2. Conflicts of interest;
  3. Violation of due process;
  4. Breach of privacy; and
  5. Retaliation against those who speak out.

“The situation has reached the crisis point for patients and doctors,” said Jane M. Orient, M.D, Executive Director of AAPS. “Our members are too afraid of retaliation to sue the Board as individuals.”

The lawsuit specifically points out misconduct by Roberta Kalafut, the Board president. The law suit claims that Kalafut “arranged for her husband to file anonymous complaints again other physicians, including her competitors in Abilene…”

She then “…worked inside the TMB, with other defendants, to discipline doctors based on anonymous complaints filed by her physician husband.”

The lawsuit also charges that Kalafut and Donald Patrick, Executive Director, knew about the conflict of interest of Keith Miller while he was Chair of the Disciplinary Process Review Committee. Miller served as plaintiffs’ witness in at least 50 cases brought before the Board without disclosing that to the disciplined doctors or the public.

During a marathon 11-and-a-half hour legislative hearing about the Texas Medical Board on October 23, 2007, Kalafut and Patrick admitted under oath that they were aware of the conflicts of interest.

“It seems clear from the sworn testimony before the legislative committee that they knew about the problems and had done what they could to hide them,” said Dr. Orient.
 

The lawsuit demands that the Court put an immediate stop to abuses by the Board, and that previous disciplinary actions tainted by the Board’s violations be re-opened.

“Doctors in Texas should not be forced to practice in this atmosphere of fear and intimidation,” said Dr. Orient. “Complaints from our members have identified the TMB as probably the worst in the country. It’s bad for patients when their doctors are afraid that doing the right thing could result in licensure action.”


COMPLAINT AVAILABLE: A copy of the complaint is available at www.aapsonline.org.

NOTE: AAPS is a non-profit, professional association of physicians in all specialties, dedicated since 1943 to protection of the patient-physician relationship. It accepts no corporate or government funding, and its board members and officers serve without compensation.

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36 thoughts on “DOCTORS SUE TEXAS MEDICAL BOARD FOR MISCONDUCT – Cites institutional culture of retaliation & intimidation

  1. The decline in applications of highly qualified persons to medical school has brought many unqualifed individuals wih an immoral and unethical value system into our profession. These people must be rooted out and ostracized.

  2. At last the foxes are fighting amongst themselves over control of the henhouse. I suppose too many hens have been killed for there to be enough left for all foxes to feast upon. Thus the foxes begin to feast upon each other. May they bleed with the same pain they have inflicted on the hens all these years. Texas is 49th in quality of healthcare among states, but we have the fattest foxes around!

  3. Fear and terror are shaping the medical practice in this country USA everywhere.

    It doesn’t take much to destroy the livelihood of a doctor.

    Doctors are silenced everywhere.

    Slaving doctors are the new form of slavery that appeared in USA since 1986.

    In 1986, the Congress introduced the healthcare Quality Improvement Act (HCQIA) that gave an absolute power to few doctors. This law destroyed the integrity of medical practice everywhere. This law allows few doctors who are able to arrive to power to control the majority of doctors. This law prevented the victim doctor from seeking the civil court to protect his civil rights no matter how severe is the civil rights violations.

    Does power corrupt? The answer is yes,
    Do those who are corrupt lust for power? The answer is also yes,

    Since, the problem is not having corrupted people or corrupted doctors, the problem is having bad law that allow for corruption and provide full protection to corrupted doctors and prevent victim doctors from seeing fairness at court or exercising their constitutional rights.

    Silencing doctors at the hospital level and at the medical board level have prevented doctors from reporting serious errors and have made doctors ineffective members of the healthcare team.

    The fetal error rate in hospitals has reached very high level across the nation, over 100,000 deaths in hospitals every year. Death due to errors in hospitals is the fourth cause of death. On the other hand, the rate of error reporting is very low. Experts have attributed this discrepancy to the fear of error reporting.

    Well, after 21 years from passing the HCQIA-1986, medicine in USA is controlled by corrupted doctors everywhere and at every level. It is the way of life now. The new generation of doctors realizes that they don’t need to be good doctors to survive but they need to be good politicians. This is the new rule model of doctors in this country; a model that is shaped by fear and power.

    Doctors in USA are surrounded by fear from all directions:
    1. fear from not doing good in medical exams
    2. fear from errors that affect their patients
    3. fear from lawyers and malpractice
    4. fear from powerful colleagues
    5. fear from hospital administration
    6. fear from the Medical Board
    7. fear from government raid
    8. fear from inflation, overhead increase and loss of income

    Doctors are able to control fear from 1,2 & 3rd cases by working hard to excel.

    Doctors are not able to control their fear from 4, 5, 6, and 7th because they are unpredictable and subjective and usually unfair. All are controlled by administrative procedures despite the fact that they could destroy the livelihood of the doctor. Things could be completely out of proportion and random.

    The 8th item is also out of doctor’s control.

    We need to go the root of the problem and fix it if we are serious about fixing it for the sake of our patients.

    The problem is there are many stakeholders who are interested in leaving doctors controlled e.g. government, insurance companies, etc to control the cost of medicine.

    It will take a miracle to free the doctor in USA,

    Pray that we see the day when the doctor is free to speak and be a leader again in the healthcare team….

  4. The Medical Licensing Boards are rubber stamps for the self-styled lawyer prosecutor. The Board is a front organization for yet another lawyer operation to take over health care. This land pirate has no qualification to judge doctors. When you say, government, what are you really saying? You are saying, a 99% owned subsidiary of the lawyer criminal syndicate, no matter the elected figurehead.

    The results is a long series of lawyer gotchas on trivial regulatory deviations. Meanwhile, highly dangerous doctors, total threats to patient survival go unmolested by the paper shuffler, lazy, incompetent threat to clinical care.

    This doctor hater land pirate oppressor should face full accountability for his outrageous, high false positive and high false negative failure rates. Impossible now. This land pirate has granted himself total discretion and immunity. Statute should permit lawyer malpractice tort litigation against the incompetent doctor oppressor.

    Ultimately, a statute must exclude the land pirate internal traitor from all benches, all legislative seats, and all responsible policy positions in the Executive Branch, as statute excludes the felon. No one who has passed 1L should be permitted in any of those responsible positions.

    I strongly urge all falsely accused doctors to assert their rights to be made whole by civil justice, and to sue the Board, the lawyer prosecutor, seeking to pierce the unconscionable, self-dealt immunity of this internal traitor, in federal court. Seek injunctions, enforced by clasping these criminals in irons for criminal contempt.

    These false regulatory attacks on clinical care intentionally interfere with all the contracts of the doctor, are oppressive, unjust. Even if the doctor’s claim is dismissed on first pleading, the doctor hater oppressors will lose their jobs for generating defense costs exceeding their value to the state.

    What if injunctions and tort litigation fails to deter these enemies of clinical care? A national boycott of these named traitors, and their obsequious doctor collaborators, by all service and product providers should send them to a Stone Age lifestyle.

  5. The notion that medical boards or hospital boards are best to police the profession flies in the face of practice. If this was the case we would have stifled the runaway malpractice claims. This has obviously hobbled our ability to poersuade anybody that we can effectively police our own- we eat our children. In fact the malpractice bar and the medical boards work hand in glove. Before a plaintiff’s attorney procedes with a case, he has the physician deneounced to the medical board that then, at governemnt expense, hires an expert to review the complaint. Depending on the disposition or prejudice of the reviewing physician, the board can then find problem with the physician, or not. If they do, the plaintiff has a large part of his case prepared for him and he procedes; if not, he tells the patient he is sorry and shoves them out the door- even if they do have a potential case. The medical board becomes a screening tool. The other issue is the use of the board by politicians to gain leverage over doctors and their societies. This is as unjust as can be. Is it better not to practice? I don’t know. Is it better to withold treatment from a patient and tell them why you fear helping them? Maybe.

  6. John: Where do you doctor? Travel to Canada for their Commie Care. You would be happier.

    Try getting care in Canada that costs more than a few dozen dollars. Try reporting your doctor to a Canadian provincial licensing board for abandonment, when you get nothing. Report back.

  7. I have just been through another round of “from-scratch” recredentialing.

    All of the United States physicians have had the grueling, annoying, demeaning, and time-consuming experience of such hugely redundant recredentialing by a wide variety of frauds who are never questioned about their own credentials and who are not interested in patient care or consumer protection, but only in justifying their own sinecures.

    Medical boards, hospitals, clinics, liability insurance underwriters, health insurance empanellers, Medicare, Medicaid, Human Resource departments, quality assurance departments, and others act as if each one of them is a combination of CIA, FBI, Homeland Security, and Police Departments and as if each physician is a likely impostor, serial killer, sexual predator, or psychotic derelict. These agencies duplicate each other’s investigations, blow derogatory information out of all proportion, cause absurd investigations, delay hiring and services, invent new ID numbers and “performance” criteria that make no medical or even horse sense, generate mountains of paperwork and computer time, maintain enormous staffs on their permanent payrolls, and reap enormous revenues from doctors, patients, and the healthy insured, who pay through their noses for this make-believe security.

    Their yield, in terms of discovering rotten doctors or improving patient care is so meager that no sane cost-benefit analysis could possibly justify it. In addition, they have frequently generated witch hunts and unnecessary legal proceedings whose cost is at least as large.

    And doctors meekly submit to this kafkayesque machine, often offering each other as fodder and thus compounding its insanity rather than curbing it. Is there a way back to sanity?

  8. I am very happy to see the AAPS advancng this assertive, long overdue, litigation. I was proud of you for advancing the vaccination risk considerations that you did for people’s health. I was sad that some of your officials chose to prevent my presentation(s) that would have enabled and encouraged your members to take more assertive actions earlier to prevent the damages your litigation now seeks to suspend.

    In support of your organization, these litigation efforts, and AAPS members, I am prepared to gift your leadership and membership copies of my latest documentary DVD, In Lies We Trust (See http://www.inlieswetrust.com).

    Moreover, I encourage your leaders to collaborate with other organizations, such as the World Organization for Natural Medicine (See: http://www.wonm.org/) and the World Organization for Natural Medicine Practitioners. (See: http://www.wonmp.us) in strengthening the numbers of organized professionals dedicated to restoring scientific integrity to medicine.

    Yours in the Spirit of health and public service,

    Leonard G. Horowitz, D.M.D., M.A., M.P.H., D.N.M., D.M.M.

  9. You think you have problems now?

    Wait until the ‘powers that be’ have a new enforcement tool at their disposal: the electronic medical record, in its current form designed by bureaucrats. It is a technology currently built to enrich the fat cats, that is likely going to be imposed on you, at your own expense. See this posting:

    “EMR’s: Take it or Leavitt, HHS secretary says (while putting a gun to doctor’s heads) – and should physicians boycott EMR’s as a political statement?”

    at

    http://hcrenewal.blogspot.com/2007/12/emrs-take-it-or-leavitt-dhhs-secretary.html

  10. Why doctors are silent and can’t advocate for their patients any more. Why we see hospitals giving our patients used inhalers that could transmit serious respiratory infections and we are quite about it.

    Why we became ineffective inside the hospitals walking around like chicken without a head, smiling like idiots trying to please people on power and whispering about errors happening every day that is taking the life of many patients.

    Why we are quite about fetal errors happening by the oppressor doctors in the hospital. Why hospitals are transformed to criminals and terror harboring places that are controlling the life of patients and the majority of doctors. I am sick tired of all this hippocracy…

    Hospitals and insurance companies not excluding Medicare and Medicaid are manipulating doctors and empowering few doctors to control the majority of doctors to control the cost of medicine. Some classes that I attend are calling it “hurding the cats”.

    Doctors who are crazy to follow the Hippocratic oath and stand strong against their oppressors defending their patients and the integrity of medicine end paying a dearly price and discover at the end that they did not accomplish anything when their oppressors protected by greedy lawyers celebrate a new kill and hang up their kill in public to terrorize other doctors and dare them.

    It is a system based on Sadaam Hessian way in controlling Iraq.

    Unfortunately, we spent billions of dollars to rote out Sadam Hesain when we have thousands of Sadam Hessian controlling each hospital in USA.

    The first thing we need to do to improve the quality of healthcare in USA is to free doctors from slavery by getting ride of the HCQIA-1986 and giving the doctors the right to take their cases to the court and be judged by a jury that is selected according to the constitution.

    It is the time to get ride of the military tribunes that exist in each hospital and that judge and execute doctors behind doors.

    The doctors have the right to see a day of fairness in the court.

    Why the doctors should be deprived from their basic rights of being judged by a jury in the court of law?

    As long as doctors are prevented from going to court to protect themselves, doctors will remain silent and we will have more criminals and politicians controlling medicine. The politicaly correct generation of doctors.

    I came to America 17 years ago looking for freedom leaving behind me oppressed system. After reaching to the top of medicine in USA and after having all these degrees and qaulifications, I discover that I don’t have freedom to speak up for my patient in the hospital and I discover also that no one care about qualifications or degrees. What is more important is how to suck up and how to get to power or at least serve someone who is on power.

    What a waste!

  11. The AAPS-lawsuit is a flamboyant move and I wish the effort well but the lawyer in black robes who presides at court will very likely favor the establishment-defendants and either dismiss the suit immediately or, if he accepts it for hearing, find in favor of the defendants and establish a precedent of future federal immunity for medical regulators to complement the state-immunity they already enjoy.

    The Supreme-Court decision of Daubert v. Merrell-Dow Pharmaceutical Co., Inc. (1993) established a higher standard of scientific evidence than the Frye-standard from the 1920s but federal judges have no clue about science, so they’ve been mucking it up ever since. Even so, plaintiffs would do well at least to try and hold the court’s feet to the fire and get it to admit only valid science. If they did that, they could prove, among other things, that peer-review, which relies on retrospective chart-review, is closely analogous to case-control research. Case-control research is valid only for generating hypotheses, not for definitive conclusions but even it relies on controls. Peer-review does not. Therefore, peer-review is inherently invalid, from the start, yet all regulators, in every state and terriory, rely entirely on such invalid peer-review in reaching the invalid conclusions on which they must rely to justify the punishment they mete out. If some plaintiff could establish the precedent of scientific invalidity of peer-review/regulation in some federal court, medical regulation, as well as hospital-based peer-review, as we know it, would have to vanish but it would be an uphill battle.

  12. I am a licensing professional who has licensed over 7000 physicians across the 50 States. 400 of these were in Texas. Texas is basically “Anti-Physician”. They purposely delay the licensing process. The attitude of the Board Members from top to bottom is one of arrogance and supremacy. Physician are only “allowed” to call their “Licensure Investigator” (notice the title of the representative) between 8-2 on Friday Only. They don’t answer emails, phone calls, or written correspondence. It is quite common for applications, verifications, and forms to be lost without recourse by the medical board. They make The licensure time typically takes 6-12 months with the application expiration rate typically running around 35%. Compare this to New Mexico, which has more verification requirements and on paper a more difficult administrative process… New Mexico averages licensing physicians between 2 1/2 to 4 1/2 months. What is the difference? The management of the Medical Board. They should really change their name to the Texas Medical Mafia Board. It is managed as a Family Business. All Physicians are guilty until proven innocent. Our company has now adopted the policy of trying to discourage physicians from applying to Texas if they have other options.

  13. I am a physician licensed in Texas. My husband did his fellowship in Texas(with a temporary permit from the Boards), he graduated from the same medical school as me, and, still, it was impossible for him to get a medical license in Texas. We had to leave our house and move to a different state because of the situation. We were fantasizing about suing the Boards but we just don’t have time for this. My husband got a New York license in no time, he also got a Missouri license in 2 months. What relevance has the following question from one of Texas ridiculous application forms ” how were the preceptors in medical school compensated?”. Does it matter if you are already a Board Certified physician? Do you have to prove your identity begining with the day care in order to get a Texas license?

  14. I hope that the governing body of Texas will take the time to determine the truth on this matter and act accordingly. It is a shame to have this licensing athority under such a cloud of mistrust. Surely the governer can take the time to hear the complaints of our doctors.

  15. I have discussed the worsening situation with the State Board of Texas with many others and we all agree something must be done but organizing physicians is like “herding cats”. I am sure Texas is not unique in this issue and many other states will be interested in what we do. With the increasing rules passed by the board without input by the bulk of the physicians in the state, the board has become an over regulating, over reactive “bull dozer” rolling over good physicians over minor rule violations. In fact many of the rules should not even exist. We, as good caring physicians, do not need more and more intrusive government invading into our practices. We all do a nearly impossible job on a daily basis by treating the various simple to extremely complicated patients who walk through our doors and those we see in the hospital. As one attorney once put it “who else is asked to put their finger up someone’s ass and tell them what’s wrong with them!” “You do an impossible job in an impossible environment and held to impossible standards.” We all want the best for our patients and most physicians truly try their best. We are all human and make mistakes, but do those mistakes require the public embarrassment, financial penalties, unreasonable monitoring and Gestapo like attack by our board? I don’t think so and I hope you and others agree.

    Our state board was designed to license good physicians and to protect the public from dangerous physicians. But now the extensive rules that have been passed over the years, even encompassing poor hand writing, have become excessive and unnecessary. Minor violations generate board investigations and reviews. Most physicians feel helpless against “city hall” and simply rollover and accept the excessively punitive agreed orders they are presented. The high cost of legal defense is not affordable by many of the physicians who are wrongfully attacked and so accept the penalty despite the injustice. This unchallenged attack of many of us and our colleagues across the state has set a dangerous precedence. The board has subsequently become more and more aggressive and pulls in physicians for hearings with little provocation.

    The worse part of all of this is the physicians are practicing more and more defensive medicine, not because of malpractice issues but because of board issues. I myself am spending more and more time with my charts and not with my patients. I can’t listen to my patients because my head is in the chart making sure I write enough to satisfy the board so they will not punish me. I am all for good documentation but there is a point in which it becomes excessive and for defense purpose and not good medicine. More and more physicians are now using electronic medical records to CYA. They can simply press a button and print out a massive note, consult or report that covers all requirements weather they actually completed the exam or not. The citizens of the state of Texas are suffering the fall out that this board attitude has created. Well meaning Physicians have been attacked so much that they and their colleagues no longer prescribe some life improving medications, over utilize expensive lab and x-ray tests and refer out to high cost specialist to cover their rears. How many of you will NOT write pain medications any longer and thus allow your patients to suffer needlessly, because of the aggressive attacks by the board on you or your colleagues?

    I have talked to attorneys for the state board and they, off the record, have given me the direction necessary to effect the changes we all know needs to occur in Austin. My dilemma is getting the word out to the majority of physicians in the state to openly discuss debate and consider action necessary to improve the function of the board and thus improve the healthcare in the state of Texas. None of us want bad or dangerous doctors practicing medicine but we equally don’t want to be attacked or see our brethren attacked needlessly and punitively over minor issues. By opening up a forum that all the physicians in Texas can discuss this issue we can hopefully improve the way the board functions and thus improve healthcare to all citizens of the state of Texas.

    I am asking you to contact me, your colleagues; your state representatives and senators so that we may affect a positive change in the way the board functions and the practice of medicine in the state of Texas. This is a very serous call to ARMS! If we do not act now we may all be victims of this abuse. We must stand united or we will surely fall divided.

    Sincerely,

    Michael D. Williams, D.O.
    Cedar Hill, TEXAS
    [email protected]

  16. We all want bad doctors out. But we should not let bad
    patients drive out good doctors with false complaints and lies. The law should be changed so that the patient should sign a notorized statement that says, “under penalty of perjury, my complaint is true to the best of my knowledge”.
    Any false statement should be grounds for the Physician to sue the patient back. All fee disputes should be referred to the Board only after exhausting the complaints to the insurance companies and arbitration. Under the present system, a patient can lie, the board investigates and aqits the Physician and nothing happens to the Patient. The Physician is out of thousands of $ in legal fees.

  17. FYI to anyone interested: I lost my precious son due to the most heart
    breaking circumstances that no human being should have ever been
    subjected to. My son wanted to live, he was full of life and he trusted his doctor and I trusted his doctor , but I will never trust again because in doing so I lost my son. What has happened to doctors and nurses today??
    Where is the compassion for the patient? Patients it seems are like automated machines. Does the doctor know who they treat anymore? Do they remember the patient once they walk out the door? Do doctors communicate with each other?? My son died unexpectedly and no one can
    tell me what happened to my son. My son died of Cerebral Edema that
    came on suddenly and unexpected. He did not go into the hospital with any
    brain problems and he did not go into the hospital with a cut, bruised,swollen and crooked nose that had to be stuffed with wax by the
    funeral home in order to form it for viewing before make up could be
    applied to cover the cut. Not one doctor, not one nurse will tell me what
    cut his nose, and caused such swelling and bruising,etc. Not one doctor or nurse can tell me what caused his Cerebral Edema. All I got was,
    “we don’t know what to tell you”, we never saw anything like this”. An
    autopsy was done and I find it interesting that the autopsy report showed
    his nose as normal????? No mention of any cut, bruising, indented and
    crooked nose. The autopsy mentioned every scar, every mole, every wart,
    but no mention of the fresh cut,indented nose. The death certificate signed by the
    doctor states death due to Cerebral Edema but also marked it as a
    Natural Death????? Since when is Cerebral Edema natural when no one
    can tell me what happened and why even do an autopsy if it’s a natural
    death??? Due to what happened to my son I will never trust a doctor or
    hospital again. I’m deathly afraid of doctors and nurses now. In Texas
    the medical mal practice cap has been passed. In Texas life is only
    worth 250,000.
    This shows me the medical cap has made for nothing
    but sloppy care by doctors and nurses. It seems the cap has made it
    easy for doctors to mess up because it will only cost them 250,000 if they
    kill someone. It’s not about the money, it’s about accountability. Someone
    needs to be accountable for what happened to my son. What am I supposed to do, just sit back and say it’s ok the way my son died? No, I
    will not sit back because what happened to my son should never happen to
    any human being. I’m going to speak out and let everyone know what
    happened at the hospital and will point fingers to those who I trusted to
    care for my son. The Medical Cap has prevented me from getting justice
    for what happened to my son but it will not stop me from speaking out.
    I can understand where good doctors are coming from and they need to
    speak out also, but we as human beings cannot sit back and just allow
    sloppy care to take place and feel we have to accept it. Good doctors
    are being overtaken by sloppy doctors who have no compassion for human
    life , only compassion for the almighty dollar. I wish my son would have had the GOOD DOCTOR. A good doctor would not have given my son
    a unit of untested and unfiltered blood. Yes, it’s true, he indeed did get a
    unit of untested and unfiltered blood. I reported it to the FDA and the FDA
    is investigating. I’m sure the doctors out there are upset because I’ve
    reported this, but that’s just unfortunate because it should not have
    happened,especially in todays standards. Again, what am I supposed to do, just sit back and say, it’s ok that the hospital
    gave my son untested and unfiltered blood. Yes, I will also report the
    doctor to the Medical Board, but in reading some of the above it seems
    doctors don’t like the fact they get reported to the Medical Board. I can
    understand if a doctor is accused unjustly and falsely, but when it is not a
    false situation, and it’s a reality it needs to be addressed especially for the safety of the next patient. The mystery of my sons cut , indented, bruised
    and swollen nose, the untested and unfiltered blood are only two of
    several serious problems that happened during my sons admission and I
    will speak out. I lost my precious son and I can never bring him back and
    all I can do is try as hard as I can to help prevent what happened to my
    son from ever happening to another human being.

  18. Ms Freidman,

    I am sorry for you loss. I too, lost a child when I was in residency. I have an idea of what you are feeling. Errors were made in the treatment of my daughter and I did everything I could to keep it from happening again. However, please realize that sometimes we do everything right and still lose the battle. Your sons medical findings should be appropriatley documented. You should have access to those findings. We, as physicians, should learn how do do things better each time we see a patient. Cerebral edema has many causes and the outcome is not always good. Please consider the possibility that they did their human best and simply didnt win. Mothers like you teach me more in one letter than the beaurocrats in Austin could teach me in a lifetime. My prayers are with you, We will see our children again someday.

  19. http://www.crocswithsocsrocs.com “Logan’s Voice”

    Jeanette Freidman please contact us, [email protected] or on the “Contact Family” button on the website. We are trying to do something about the discount price Prop 12 placed on the lives of our children. So much so lawyers won’t touch even open and shut cases like Logan’s. This is a quote from the most concise attorney that declined the case.

    “Andres,
    I received an email about the medical malpractice case of the child who was improperly intubated. I agree with Jim. Under the new law ER Doc have almost pure immunity in this type of situation, and you would have to prove the ER doc intended to hurt your client. If you with to discuss this in more detail please give me a call at. ********
    Mike”

  20. If both are incompetent and corrupt, who’s protecting the citizens? Our story is similar to Jeanette Freidman’s. Except we know exactly how Logan died. He was suffocated on the intubation tube they inserted into his esophagus. The Proposition 12 caps on medical malpractice gives doctors, “pure immunity” for killing and maiming us. The caps are so low and appeals drag out for so many years, lawyers don’t want to touch it. Meaning Texas Doctors have no responsibility, and answer to noone. We helplessly, ignorantly, watched them kill Logan. Standard procedure is ALWAYS X-ray an intubation. The ER team let Logan down and now he is gone. How does that Hipocratic oath thing start? First do no harm??? If AAPS lets this post stay, for a more complete story go to
    http://www.crocswithsocsrocs.com “Logan’s Voice” Photo updates soon

    Thank You
    (Chunkle Bill)

    PS: Feel free to use the “contact us” button. We understand words are hard to come by, but they are very appreciated.

  21. The State of Texas needs the TMB. Without them, the patients have no protection. Too much greed among physicians these days. Read: medicalmalpracticedeath.blogspot.com

  22. As much as I empathize with contributors here who have lost loved ones under the care or otherwise of physicians, there should be some consolence in the availability of access to the judiciary, no matter how limited, for the grievant. The issue here though is that doctors should practice medicine without the McCarthy Era “Gestapo”-type supervision of the TMB. The accusations against the TMB as contained in the federal lawsuit will scare the living daylight out of any would-be medical practitioner thinking of relocating to the State of Texas. The conflict-of-interest causes of action are simply hard to believe – especially in the 21st century America. I think a criminal investigation of the TMB is warranted….

    Lastly, I think the “anonymous reporting” to the TMB shoud be changed, i.e., if the TMB cannot be scrapped.

  23. Until the AAPS STOPS supporting doctors who have sham practices, they will not be taken seriously. Put doctors on your dais who have done clinical studies. Support those doctors, and only those doctors who follow the results of clinical studies.

    In the end, regardless of shady practices by other parties, you can only succeed against sham peer review, if you defend true whistle blowers, and top doctors who take a stand.

    My testimony before the President’s Commission on Walter Reed went without comment or action by the Commission. The doctors involved in that fiasco now sit on THE Board, are in charge of many patients at many hospitals and one is even the President of the American Public Health.

    All of them should be as impoverished as I am.

    Supporting doctors who treat allergies that do not exist, or are not supported by the medical literature will only lead to a negative outcome for all sides.

    Is there money in this? Who is getting it?

    Joseph O. Boggi D.O.
    Internal Medicine

  24. I am not a physician, but a dentist and I know all too well what practitioners who have been attacked by state licensing boards suffer through. Briefly, I lost my Maine dental license in 2002 when the seven member Board of Dental Examiners “disciplined” me for no legitimate reason. One of the members of the board had reneged on an agreement with me over office space when she later backed out of a partnership and no longer wanted me to have her office facility as planned. This left me temporarily without a place to see my patients, so I was scrambling to find another office, but the board blamed me with patient abandonment and sought to discredit me to cover up for the board member, who was naturally never invesitgated at all. Even though it had nothing whatsoever to do with patient care, I was declared “incompetent” by the biased board, and they demanded I undergo full physical and psychiatric testing/reports at my own expense because I was “blaming others” for my problems. They had no authority to require this, and I had no income because of the situation, so they definitely manipulate the system to their own advantage. Another dentist was also similarly treated after a former disgruntled employee brought charges against her of sexual abuse (completely unsubstantiated) and other bogus charges. There are also many other cases.

    We need to do something to give licensed practitioners in all health professions due process and the ability to defend themselves against these kinds of ridiculous actions by corrupt boards or patients/employees seeking retribution. Quality of care doesn’t even seem to matter, and many states have shortages of practitioners, so does it really help the public to eject good providers from the state?

    Perhaps if there are more lawsuits it will finally get the matter into the public eye, although it’s too bad it has to come to that. The federal government should also be addressing the issue, but most politicians seem self-serving these days.

    Krista Nordlander, DDS
    Eastham, MA

  25. My usband lost his license on 12/22/2006. He was treated with cruel and unusual punishment and singled out by the hospital he slaved for. He had no right to due process. The story is the same as those described here. We live in NY. It is a crying shame. I will never get over it.

  26. IN 2003 WHEN I WAS DIAGNOSTED WITH CANCER IN MY LEFT VOCAL CHOARD, IT WAS STAGE 1. MY DOCTOR SEEMS SO CONFIDENT I TRUSTED HER, SHE HAD A GOOD ANSWSER TO ALL MY QUESTIONS. SO DEED MY ONCOLOGISTE,. EVEN WHEN I TALL HER THEN IF SHE HAVE ANY DOUTB ABOUT ME LOOSING MY TEETHS , I WILL NOT GO WITH THE RADIATIONS. BUT GET THE SURGERIE. SHE SAYS DO NOT WORRY YOUR TEETHS ARE SAVE. AGAIN I TRUSTED HER WITH MY LIFE. AFTER 35 RADIATIONS , NEXT VISITE TO MY DOCTOR, THE CANCER WAS STIL THERE, SO I WENT FOR THE SURGERIE. THE CARE I GET AT THE HOSPITAL, BY EVERY ONE INCLUDING MY DOCTOR WHO WAS MY SURGEON TO. A NIGHTMARE , NO COMPASSION , NO KNOWLEDGE, RUDENESS, UNACEPTABLE, BUT THE TREATMENT LIVE YOU SO WEEK, WITH NO WILL WHAT SO EVER. THEN YOU GO THRU THE MOTION, . BACK AT HOME , I START TO FEEL PAIN IN MY TEETHS SO I WENT TO THE DENTISTE. ONE MORE TIME I TRUSTED THE WRONG PERSON. AND MY TEETHS STARTED TO BRAKE PPIECE BY PIECE, I CONTACT MY 2 DOCTORS ONE LAUGH AND SAID , YOU GONE HAVE A NEW SCHOPER.. SHE MAKE ME CRY, THE ONCOLOGISTE GOT MAD LIKE IT WAS MY FAULTE, AND SAID IF I HAD ASK YOU TO REMOVE THEM WHAT WILL YOU SAY OF COURSE NOT I ANSWSER BACK. YOU KNEW BEFORE THE RADIATIONS. SHE TALL ME TO KEEP GOING TO THE DENTISTE AND NOT KNOWING BETTER. THAT IS WHAT I DEED. FINALY WHEN I WENT TO SEE A SPECIALISTE, THE THRUTH WAS THE CAUSE OF TO MUCH RADIATIONS. AFTER SO MUCH PAIN, AND FRUSTRATIONS, I FILE A COMPLAINTE, TO THE TMB IN OCTOBER 2005, I WANTED TO KNOW WHAT WENT WRONG ,, IT TOOK THEM 2 AND HALF YEARS TO CLOSE MY CASE , AND TELL ME IT WAS A MISCOMUNICATION FROM HER PART,, THAT”S NO JUSTICE THERE. 6 YEARS STILL IN GREAT PAIN, FRUSTRATED, AND MAD AT THE SYSTEM . CAN NOT TRUST DOCTOR OR HOSPITAL. 2 27 2009 AND TMB.

  27. Physician, HEAL THYSELF.
    Physicians have INCOMPETENT CHARLATANS Masquerading with the title MD. and a Badge to use as object of intimidation and threat to ordinary Hospital workers who they for whatever reasons have qualms about.
    I am a foreign graduate who is not in practice as an MD but but work in critical Care settings.
    The use of what I consider a most Noble profession as a tool of ignorance, witch hunt and Incompetence and Money grabbing fools, not to mention that Insurance Companies have replaced real Physicians, made me lose my appetite to pursue medical practice, as it does not mean much to me anymore.
    What do you do when you spot one of your own being a Jackass, bullying Health care workers while flashing their MD Badge?
    Those who enjoy belittling employees who are doing their jobs, presenting reprehensible bedside manners, intimidating employees just because they think they can, talking to patients like animals and bringing them to tears just by the way they have been treated, bullying people around them due to their own insecurities and prejudices, and plainly being unprofessional, this is for you. What are the responsibilities of other Physicians who witness these reprehensible and unprofessional behaviors to point it out and put them in check?
    For your information, there are lots of trained/graduated Physicians out there working in other medical fields where their Badges do not read MD.
    You are being watched very closely and who you think is around you might be someone who would hold you responsible for your charlatanism and incompetence.
    Based on what I have witnessed so far, and given that I have gone through that Medical School thing with you, I would not hesitate in making sure I get your License revoked when I feel you do not deserve it and have evidence to submit to the Medical Boards.
    There are lots of brilliant and very good and professional Physicians out there, but the Charlatans have to watch out.
    That Radiology Tech, EKG Tech, RN, Respiratory Therapist, Nursing Assistant or whatever you decide to screw with tomorrow, might your one way ticket to a life with no Medical License.
    The guys who do their job well, this Bud is for You.
    Keep the profession, professional.

  28. Pingback: Texas Medical Board « A Blog for the Modern Conservative

  29. I personally witnessed the following at the TSBME in Austin. A man came in with an application and it was denied. He went to school at a school in Europe for 7 years, not counting residency. The TSBME rejected the application citing their lack of knowledge of his course work. IN FACT, others already licensed in Texas came from this same school.

    The TSBME is a political machine of appointees both medical and non-medical from the Govenor’s office.

    I have personally known at least one doctor in Houston who threatened to sue the TSBME after he was suspended. They revoked his license after the threat. Admittedly he was challenging their authority. He appealed to state court and lost. He remains unlicensed in Texas today. He had big plans to make a civil rights suit out of it and that fell apart.

    In the words of a prominent Austin lawyer who has been legal counsel for the TSBME, …’it is best to fly under the radar of the Board at all times.’

  30. My name is Scott White. I live in Dallas, TX. I am going to make this a short story even though it is a very long story. In July 2006, I fell down some stairs trying to catch my son. I landed on the right side of my shoulder once I hit the bottom of the stairs. I had alot of residual pain which I thought would go away. Well, a year later I decided to go to pain management which, in short, led to a neurosurgeon on 9-14-07. He convinced me I needed to have cervical spine surgery due to degenerative disk in my cervical spine. So, by 9-25-07, less than 2 weeks after meeting with him, I was on the operating table for double discetomy on lower cervical spine area. I was told the procedure would be so evasive and quick to heal I would be out the hospital the next day and totally fused within 6 months. Four days after surgery I was admitted into the emergency room due to difficulty breathing and swelling of the neck due to surgery gone bad. Date was 9-29-07 when this happened. I was sent back home the next day after that. That’s when the real problems started.
    I did have follow-up visits with my surgeon untill November 30, 2007. I did let the doctor know about the continuous pain I was having and he basically told me take medication and deal with it till it healed. It only got worse which increased more pain med intake which is not good for the body. Over a year had passed since I had seen the surgeon or heard from him being that he would not return any phone calls or emails my wife or me sent to him. So one day, February 4, 2009 I decided to go by his office not for a scheduled visit but for some answers. I did not get a chance to see the doctor only a lady that works for him. I was explaining to her what was going on with me and that’s when she told me the product used on my cervical spine was recalled by the FDA. That made me curious. I pulled out my medical papers concerning this operation and looked over it with a friend and we discovered Bone morphogenic protein as a product used in the procedure. That led to going online and there it was on the FDA website stating basically NOT APPROVED BY FDA/DO NOT USE ANYMORE. What is worse I was never told I was a participant in a clinical trial or this product was not FDA approved. Within a week after the pop-up visit, the surgeon called, wanting to meet with me so I went to his office and saw him for the 1rst time since 11-30-07 on February 12, 2009. I printed a copy of the report from the FDA website, read it to him and showed him what I found. At that time he stated he was still using rhBMP, the medical term in short. What was strange is when the visit was over he did not shake my hand nor look me in the eye with any concern whatsoever, but turned away and left due to I perceived as being guilty of something more sinister than what I could imagine any doctor would possibly be involved in.
    The deeper I looked into this I found that Medtronics, the maker and promoter of this medical device rhBMP, was under scrutiny by the Federal Government for its off label promotion and marketing practice of this product. References were from several major news publishers including the Wall Street Journal. Then the numbers showing the capital/money made by Medtronics from this product were there. Then an article on its stockholders suing the company becasue they were given false statistic on the effectiveness of recombiant human bone morphogenic protein, rhBMP for short. Now I am still in pain and angry at the idea someone’s father, son, brother, uncle, grandparent, sister, daughter, mother, friend or anyone else who could have had this done to them for the sake of a dollar. 3 billion dollars worth of suffering people due to the doctors using this on patients without their knowledge or consent to be under clinical trial.
    I would love for someone to take on my story and reveal what is really happening in the medical field. I am not the only one. I ask of you to take the measures necessary in order to exposed this so this will never happen again in the United States of America. Thank you for your time and for hearing my story. My children, my wife, my family, my father, my mother, my brother, my sister, my nephews, my nieces, and all my friends says thank you because they cried for me and with me, also.
    Sincerely,

    Scott Alan White
    contact me @ 214-673-6959

  31. I worked for a pain management physician and quit after witnessing some highly unethical and illegal activities. I reported all of this to the TMB almost 3 years ago. Even though there was evidence in patient charts backing up my claims, a lot of the cases were dismissed. In one chart, there was a copy of a Workman’s Comp consult in which the neurologist wrote: The only thing wrong with this patient is that she is a patient of Dr. X. Dr. X is well known in the medical community for turning perfectly healthy patients into drug addicts.

    One case finally resulted in an informal hearing, in which I testified against the physician, and even that case was dismissed. A few weeks later the doctor filed a civil suit (SLAPP suit) against me – this is SUPPOSED to be a violation of the Texas Medical Practice Act. I have counter sued him in return and this has cost me thousands of dollars in legal fees. Everything I told the TMB is the 100% truth and I’ve even passed a polygraph test to prove it. Not to mention, everything I told them is backed up in patient charts. I want to know why NOTHING has happened to this doctor. I really tried to do the right thing and protect the patients in this state, but I’m the one who has suffered because of it.

  32. I practice in North Dakota, but I used to practice in Texas. Here, any complaints are handled promptly, fairly, and vigorously; probably because there are only 1400 doctors in the state. I have never had any complaints, investigations, or malpractice suits in 13 years of practice (knock on wood).
    It seems to me that the TMB went from being way too lax in the past, to being almost Kafka esque in its investigative patterns. When I get my quarterly mailings from the TMB ( I kept my Texas license), I see reprimands against physicians who simply fail to make the correct diagnosis on the first presentation of a vague complaint like abdominal and back pain, even when no harm has occured to the patient. I am an ED doc in a busy ED who sees these symptoms all day long without a definitive diagnosis sometimes sending people home with follow up instructions. I would hate to think that an evolving early appendicitis or a mild nonradicular back pain that evolves days later into cauda equina would harm my career. Yet, each quarterly newsletter is loaded with such reprimands. I even see names of former colleagues who I know are excellent physicians. It is so bizarre that just not being perfect is cause for punishment.
    I agree that the drug peddlers/users, quacks, sexual boundary violators, and people who act out of greed should be punished, but sometimes we all make an incorrect diagnosis. If our workup and our reasoning is adequate, then we should not be punished by the board.

  33. What attorneys/lawyers are the best in Houston to defend against the Texas Medical Board? I have an annonymous complaint filed against me and I want the best defense. Thanks.

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