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
medicalboardusa.com
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