Friday, June 02, 2017

UnMasking the Maryland Board of Physicians


Unmasking of the Maryland Board of Physicians





Maryland Board of Physicians is managed by attorneys not physicians. This Board’s constituent members, physicians, are incidental to the administrative efforts and processes of this Board. Language descriptive to the type of people who partake in this Board’s management would be inappropriate in this article. Needless to state they are the bottom of the barrel. On or about 1992 the medical license of Mark Davis MD was revoked. The circumstances of this revocation were based on frivolous and illicit actions by this Board. An article is posted at:       https://onandoffthehill.com/2017/05/04/corruption-entrenched-in-marylands-highest-legal-circles/  describing their illicit actions along with supportive documents. Yes, Soviet style justice is practiced at the highest levels in Maryland. Reading further one will see how criminal they are.  



After being viciously debased in the media by former Maryland Attorney General J. Joseph Curran and the Board of Physicians with claims of poor patient care, that never occurred, Dr. Davis filed an unprecedented lawsuit. This case was filed on or about 1994 at the Anne Arundel County Maryland Circuit Court. As the plaintiff in the case, who represented himself, the court was uninterested in his legal filing and dispensed with the case quickly, though each and every fact stated was verifiable. All the defendants were given immunity and the case was dismissed. The Anne Arundel case and its appeal to the Court Special Appeals (in full) are both located at the link below this article to substantiate the factual nature of Dr. Davis’ assertions.



In 1994 Case number 1819, September Term was to be heard by a 3 judge panel in the Court of Special Appeals. The Appellant, Mark Davis MD who brought this case, was approached in the outer area of the courtroom by 2 members of the Maryland Attorney General’s Office. The exchange of verbiage that occurred was both illuminating and extremely outside normal legal processes. These 2 men prostituted themselves by stating in the event Dr. Davis dropped this case, before it was heard by the Court, the Maryland Attorney General’s Office would enable him to have his medical license reinstated. Dr. Davis’, who was representing himself, considered the offer and accepted it in good faith. Sadly this faith was misplaced. In the event this case was heard by the Court a scandal of extreme proportions would have rocked the state and potentially the State of Maryland would have had to pay out millions in retribution to those who were falsely accused. Worse the people of the State of Maryland would have found out how corrupt their Attorney General was. The profound level of deception, misrepresentation and misuse of government office was beyond belief. After Dr. Davis dropped the case he was invited to appear before the Maryland Medical Board to have his medical license reinstated.



In 1995 Dr. Mark Davis represented himself before 15 members of the Maryland Board of Physicians (now the Board has 21 members). Board members asked several questions yet avoided others which were more important. Dr. Davis told them there were no medical malpractice cases filed against him, the other physician staff members, the auxiliary staff or the nursing home where the so-called horrific patient care “never” took place. Dozens of medical records had been requested by attorneys. The nursing home had an umbrella malpractice insurance policy with maximum coverage. Each physician had maximum coverage for that time period (1989-1990). If you are suspicious that a false action occurred against Dr. Davis, you are correct. Quizzically none of the 15 members of the Board or Board’s assigned lawyers discussed any aspect of the Court of Special Appeals’ case. The 1995 Board knew they had been misled and had made a huge mistake against Dr. Davis. The good doctor was told to leave the room. Approximately 1 hour later he was called and told his license was reinstated unanimously by Board membership. In the event you believe this was a wrong made right, it wasn’t. Instead the Board through its attack dog, the Maryland Attorney General’s Office, had ulterior motives.



On or about June of 2001 Dr. Davis received a subpoena for medical records. This was immediately after Dr. Davis’ 5 year supervised probation by the Board was completed.  Ten charts requested were immediately sent to the quality assurance section of the Board. This was the beginning of a decade long assault on Dr. Davis’ medical license. After a series of legal encounters and the Medical Board’s disregard for its own written rules Dr. Davis received a document that accused him of violating the Medical Practices Act. Dr. Davis was being charged nearly 6 years after the initial request for medical records, though resolution usually occurs within one year by regulation. The charging document was a series of false allegations, innuendos and misrepresentations written by Robert Gilbert from the Maryland Attorney General’s Office.  Five charts were cited by two physician medical record reviewers in the document. Surprisingly one of the reviewers chosen by Mr. Gilbert, who was chief of a medical department at a local hospital, stated Dr. Davis did not transgress any standards of care. The second physician, Ira Kaplan, was engaged to review medical records from a company that Dr. Davis had sued nearly a decade before. Was this a coincidence, absolutely not.                                



To abbreviate this portion of the story Dr. Kaplan was not an expert in “diet medications” on which the charges was based though the judge reviewing the case accepted him as one. Dr. Kaplan’s only claim for being a medical records reviewer, in this case, was his background in Internal Medicine. Dr. Kaplan’s lack of knowledge of diet medications was obvious when he was cross examined. He might as well have been a carpenter. The Administrative Court found for Dr. Davis in the “majority”, though he was not allowed to present evidence, documents and bring in expert or patient witnesses (see forthcoming e-book Anatomy of a Medical License Revocation). The Board turned the administrative judge’s opinion around 180 degrees and gave Dr. Davis a 3 year revocation though Board members never heard the case directly themselves. After requesting reinstatement from the Board in a hearing during December 2016 they turned down his application. Additionally the Order from Board noted they would not entertain any further reinstatement applications. This case scenario sounds unbelievable yet it happened here in Maryland. This infamous case will be laid out in detail in the aforementioned e-book presently being written. One additional point is a Public Information Request was placed with the Board for all documents, recordings and paperwork related to the December 2016 hearing. The Board outright refused this request, hid behind regulations as the reason to refuse the request and then told Dr. Davis to seek judicial recourse knowing the courts generally side with Maryland Administrative entities. If they are innocent of collusion and corruption why hide information related to this request? It is ironic that the Board hides behind their regulatory authority to protect themselves yet they did not follow the same regulations in Dr. Davis’ case.



The Maryland Board of Physicians, it chief executive Christine Farrelly along with a member of the Maryland Attorney General’s Office Robert Gilbert should be investigated for the following; filing a false charging document, obstructing due process, violating the rights of a physician, violating written physician Board  regulations, lying to judicial officers and revoking a physician’s license based on zilch. Please review the attached document at the link noted below. Please allow a few seconds for this site to open. These are the documents that Maryland’s Attorney General J. Joseph Curran did not want the media to see.

 



Mark Davis MD, platomd@gmail.com                                
https://onandoffthehillcom.files.wordpress.com/2017/05/1994-court-of-special-appeals.pdf

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