Maryland Justice: Soviet Style

Maryland Justice: Soviet Style

Maryland has institutionalized soviet style justice. The ability of a person with or without an attorney to provide oral arguments before a court has been curtailed by an extremist judiciary. People are no longer seen as individuals bringing their grievances to an arbiter for resolution. Many Maryland judges recognize them as nuisances to be expeditiously shown the door. Maryland Court of Special Appeals has followed a path that autocratic societies generally accept as the norm, but not in those domains where democracy is the foundation. In a case that could have extended ramifications for physicians here in Maryland and beyond our state borders this author brought a legal action against a medical record peer reviewer, who was engaged by the Maryland Board of Physicians. As a plaintiff before the Howard Circuit representing himself, Judge Louis Becker was confrontational with this pro se as he exchanged pleasantries with the defendant’s attorney, in an effort to quickly dismiss this action without hearing its merits. The essence of the case was a physician who was not a specialist in the core material he was hired to “peer” review was allowed to perform in a Maryland court as an expert witness. In his own words the witness admitted to his lacked expertise, yet he was the sole reason the Maryland Board of Physicians revoked a medical license. Physicians in Maryland will now confront hired guns as quasi medical experts to steal their livelihoods. Judge Becker, in a manner befitting a party member, lambasted this author as he pointed to the door leading out of the courtroom. Hoping for an ounce of recourse from a Maryland Judiciary that sold its sole to the highest bidder long ago the case was appealed to the Court of Special Appeals. As in the lower court pro se justice is no justice in these higher domains. Someone in the Court of Appeals determined that they will deny this author the right to present oral arguments before the three judge panel, who will presumably white washed this case in favor of the medical board (Mark Davis v. Ira Kaplan case number 02836 September Term 2010). Oral arguments, as is noted by numerous  Supreme Court justices, is essential to understanding a case brought before a higher judicial body. These arguments allow facts to be solidified and nuances of the case to be drawn out. Maryland Appellate Courts roll out the red carpets for those with highly paid attorneys and cases that make the 5pm news. The rest of us are diminished by a judiciary that legislates from the bench and denies basic rights drawn from a Constitution they are paid to uphold. Maryland has gone down the road of Soviet style justice disregarding fairness for expediency and judicial balance for a convoluted interpretation of Maryland law. Marylanders, your courts are an extension of the same great party that is presently destroying America, wakeup or you will be engulfed by their flagrant disregard for your rights too. Mark Davis MD, author of Demons of Democracy. platomd@gmail.com

Maryland Board of Physicians versus Mark Davis, MD

Maryland Board of Physicians versus Mark Davis MD

Lost among the myriad of news releases this week was the revelation that the Maryland Board of Physicians has been performing its functions in an illicit manner. Statutes designed to provide a level of fairness to physicians when their licenses come under review have not been implemented. A Maryland legislative audit, recently released, is noteworthy for the fact that mandates enacted in 2003 have not been adopted by this administrative entity. In other words, the Maryland Board of Physicians has gone rogue. This agency embedded within the Maryland Department of Health and Mental Hygiene has no day to day oversight. The Board’s lack of transparency has allowed it to move among the shadows hiding their illegitimate acts in reams of paper, unscrutinized but by a few insiders. Mark Davis, MD has had to bear the brunt of a fabricated action against him that should never have occurred. Nine years ago, the medical board on its own initiative, instituted an action against him concerning five medical records out of thousands from his practice. There were no complaints from anyone in the health industry levied against him or from any patients. Standards of care concocted by attorneys for the Board were the hammer via an action that was instituted against this physician.  Maryland Medical Board’s deviance is displayed by the following illicit actions they took to bring this case to fruition. First, two physician reviewers must be in agreement before charges can be brought against another physician. In the event they disagree a third doctor must be brought in to reconcile their disagreement. In 2003 this latter scenario was mandated by the Maryland State legislature. It’s the law of Maryland, which has been deliberately ignored by the Board of Physicians attorneys and staff. In the case of Mark Davis, MD this exact scenario played out, yet charges were drawn against him. More egregious, the two medical reviewers were both engaged from a private company that had been previously sued twice by Mark Davis, MD. In addition, both physician reviewers were well known to the  Mark Davis, MD from prior encounters. These horrific biases were completely disregarded by the Board’s staff. Even more horrific the attorney for the board, Robert Gilbert JD impeded Mark Davis, MD from presenting any defenses, including expert witnesses, in several judicial settings. In a similar fashion the Board refused to hear this case before its entire membership, yet they completely reversed the findings of their own administrative judge. Though the lower courts twice found in favor of Mark Davis, MD, Judges Krauser, Wright and Solomon of the Court of Special Appeals reversed these decisions allowing an illicit revocation of a medical license to go forward.  The Maryland Legislative audit displays clearly the board falsified its review, charges and court challenges against Mark Davis, MD. Much worse, Judges Krauser’s, Wright’s and Solomon’s opinion completely ignored the factual basis of this case, indicating that it was a fraudulent in nature. The Judges should be tossed off the bench. The lawyers for the medical board including but not limited Robert Gilbert and Noreen Rubin should lose their law licenses and more. Maryland Courts, especially its Appellate divisions, no longer protect the citizens they serve. Instead, they protect a bureaucracy that has lost any trace of decency that still exists in the vestiges of their small minds. Mark Davis, MD president of Healthnets Review Services, platomd@gmail. www.markdavismd.com