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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