Dr. Huntoon discusses tactics used by hospitals in cases of non-legitimate (sham) peer review. From AAPS workshop, Feb 5, 2010.
Archive for the ‘peer review’ Category
Lawrence Huntoon, MD, PhD – Recognizing Tactics that are Characteristic of Sham Peer Review
Friday, February 19th, 2010Is There Accountability for Malice?
Wednesday, February 10th, 2010Today a jury in West Texas is hearing evidence that a nurse, acting in bad faith, tried to run a doctor out of town by filing an anonymous complaint with the Texas Medical Board. The case is Texas v. Mitchell, No. 5612 (Andrews County, Texas, presiding Judge Jim Rex).
The case is making national news, even in the New York Times. It is the first case in memory to enforce the law against misuse of the complaint process and private patient information to harass a physician. (more…)
AAPS submits amicus brief to U.S. Supreme Court in support of Dr. Wahi
Thursday, November 12th, 2009Thursday, AAPS filed an amicus brief with the U.S. Supreme Court in support of Rakesh Wahi, M.D. Dr. Wahi argues that the Charleston Area Medical Center improperly summarily suspended his privileges in a bad faith effort to prevent him from competing with the hospital. Read the AAPS amicus brief here: http://www.aapsonline.org/judicial/wahi-11-11-09.pdf .
DOCTORS SUE TEXAS MEDICAL BOARD FOR MISCONDUCT – Cites institutional culture of retaliation & intimidation
Friday, December 21st, 2007The 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:
- Manipulation of anonymous complaints;
- Conflicts of interest;
- Violation of due process;
- Breach of privacy; and
- 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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