Medical Boards’ War against Physicians
Erratic behavior by state medical boards has come to light across a nation starving for health care. Physicians have become pawns in a game medical boards play to enhance their sanction numbers. Sick, twisted and disturbing medical practices have no place in the spectrum of health care. Yet the majority of physicians being sanctioned are for frivolous reasons. A review of medical board sanctions from several states displays the capriciousness of their interventions. Paper compliance is one scheme these administrative entities use to deprive physicians of medical licenses. Another is the use of the term standard of care. Embedded in Tort law this phrase has been abused beyond reason. Most repugnant is irrational regulatory structure legislated into law against physicians for the purpose of micromanaging a physician’s practice. Stepping outside the boundaries of one regulation ensnares a doctor into a system bent on destroying his career.
When the assault on a physician begins it is indelibly imprinted on the mind of the victim. Generally the inquisition is initiated with a subpoena or a notice of inquiry concerning a patient or patients. The cause of the action could be a complaint or randomly generated. In either case the physician is at the starting gate of a long process which will either be confrontative, intensely adversarial or a combination of both. Do not make the mistake of giving these errant boards anything more than requested. A smarter move would be to engage an attorney cognizant of Board procedure and regulation. This is very specialized area of the law not known to many attorneys. To go to war against an adversary with a big hammer one must have a hammer of his or her own. A board intent on sanctioning a physician, especially when the evidence goes in the opposite direction, will be successful unless the target is properly protected.
Medical Boards have exceeded their legislative mandates by perpetrating fraud on one entire segment of society, physicians. Prosecutorial misconduct is common against physicians who do not fall in line. In many cases the prosecution of individuals is so baseless it is openly apparently. The author will post a series of articles concerning his adventures in the nether world of deceit incurred against him by the Maryland Board of Physicians. The purpose of this writing and others to follow is to open a dialogue which will lead to physicians having proper guidance when confronting an outright assault on their careers.
Mark Davis MD