Wednesday, July 12, 2017

Overzealous Medical Boards


Overzealous Medical Boards

Medical Boards have gone beyond policing of physicians to unconscionable intrusion into medical practice. Complexity of administrative law governing physician licensing and subsequent maintenance of licensure requires a knowledge beyond the ken of most physicians. Medical Boards employ their own attorneys and or utilize those from the Attorney General’s Office in the state from which medical licenses are derived. Without knowing the intricacy of medical board regulatory function a physician has no chance of obtaining an impartial hearing. Fair and balanced should not be expected from adversarial government entities. Medical Boards across the country have garnered more power as physicians blindly kowtowed to each and every edict they generated. Medical Societies, with few exceptions, no longer protect the flock that pay their way. Social and economic impact from a negative Board maneuvers against a physician can be devastating. Therefore the proper push back is a moral imperative.

As a former practicing physician I have seen the lengths a state board will go to prove a lie against you is true. Standards of Care may not be as standard as those empowered by us want you to believe. Through the use of hired guns, also called medical vigilantes, medical boards can make a case where none exists. Administrative courts, where your supposed impartial hearing is to take place, are nothing more than biased forums to cement the outcome the Medical Board is seeking. In the event a hearing goes your way most Boards have the right to flip the positive court outcome against you. The latter statement is factually true as this author has experienced. Medical Boards have moved far afield from their original intent. These administrative entities are self-serving meaning sanctioning is their reason for existence. By sanctioning as many physicians as possible the public perception is they are doing a fine job. Boards have forgotten physicians have rights too. Yet these entities cherry pick regulations to effectuate the preconceived outcome they want. Do not go before a Board or a Court without “appropriate” counsel. The end result could be devastating to your career.
Mark Davis MD platomd@gmail.com   medicalboardusa.com

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