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Brett Snodgrass

Mathews v. Lancaster General Hosp., 87 F. 3d 624 - Court of Appeals, 3rd Circuit 1996 -... - 0 views

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healthcare HCQIA healthcare quality improvement act hospital Court of Appeals court appeal appeals preponderance of evidence plaintiff summary judgement peer review sham peer review congress federal law doctor physician professional regulation medical lic

shared by Brett Snodgrass on 19 Oct 15 - Cached
  • Dr. Robert Mathews
  • He practices as a corporate partner with anothe
  • George Kent.
  • ...4 more annotations...
  • Dr. Kent was performing spinal surgery at Lancaster General. Dr. Mathews was listed as a co-surgeon for the operation. During the procedure, a high speed drill slipped and tore the patient's esophagus.
  • 27 of the 208
  • Mr. Robert Katana, President and CEO of Columbia Hospital, discovered the application did not contain a reappointment reference from Lancaster Genera
  • unity from 632*632 monetary damages under § 11111(a) of the Health Care Quality Improvement Act. The district court also granted summary judgmen
  • Brett Snodgrass on 19 Oct 15
     
    Interesting and complex case. Surgical privileges at hospitals vary markedly from most other physician privileges
Brett Snodgrass

Mishler v. State Bd. of Med. Examiners, 849 P. 2d 291 - Nev: Supreme Court 1993 - Googl... - 0 views

scholar.google.com/scholar_case

HCQIA healthcare quality improvement act Court of Appeals court appeal appeals healthcare hospital google scholar supreme court state med professional regulation healthcare regulation Board of Registration for the Healing Arts medical license Board of Med

shared by Brett Snodgrass on 19 Oct 15 - Cached
  • Dr. Alan J. Mishler
  • After a brief association with the neurosurgeon in Reno, Dr. Mishler, appalled at the neurosurgeon's standards of practice and his billing procedures, refused to work with him any longer.
  • Dr. Mishler
  • ...32 more annotations...
  • the Chairman of the Department of Neurosurgery at Washoe Medical Center (WMC)
  • brought his concerns to the attention of
  • Governor
  • an investigator
  • he Board
  • the Board obstructed Dr. Mishler's access to the records.
  • WMC did not renew Dr. Mishler's hospital privileges.
  • As a result, Dr. Mishler could not obtain work elsewhere
  • Board denied him access to the evidence (X-rays and radiographs)
  • none of the experts had an opportunity to review the X-rays
  • When WMC initiated the hostile chart review against Dr. Mishler
  • First, the Board's timing is suspect because it initiated proceedings against Dr. Mishler five years after he treated the patients in question, when the Board knew that WMC had a five-year retention policy
  • According to the uncontroverted evidence, Dr. Mishler's colleagues, in retaliation against him for his candor
  • Board knew that Dr. Mishler had declared bankruptcy and could not afford counse
  • the Board's failure to retain the records relevant to the license revocation proceedings against Dr. Mishler demonstrates a significant degree of discovery abuse
  • Fifth, the merits of the allegations against Dr. Mishler were inadequately addressed because neither he nor any of the witnesses had the opportunity to view the X-rays and diagnostic films.
  • similar abuses
  • Dr. Mishler's surgeries were successful, the symptoms vanished,
  • The sole purpose of the power to revoke a physician's license is to protect the public.
  • Boswell held that a doctor's harsh criticism of other doctors did not warrant revocation of his license
  • the discipline was unwarranted.
  • The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physician
  • Instead, the Board wielded its power to ruin the career of an outspoken physician while simultaneously protecting a possibly negligent or incompetent practitioner who had questionable billing procedures.
  • only one
  • subsequently found to be unjustified,
  • Board
  • limit the evidence
  • obstruct Dr. Mishler's access to evidence,
  • violated the same policy
  • The Board knew that Dr. Mishler was so impoverished that he had declared bankruptcy, and that he could ill afford to hire counse
  • In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power
  • reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice
  • Brett Snodgrass on 19 Oct 15
     
    too painful to read. torture of physicans for reporting bad doctors.
Brett Snodgrass

94 F.3d 652 - NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opi... - 0 views

www.freelawreporter.org/...94.F3d.652.94-17013.html

healthcare regulation professional regulation Board of Registration for the Healing Arts medical license Board of Examiners in Medicine Antitrust patient safety notice circuit rule provides orders opinions publication law case collateral nevada state boar

shared by Brett Snodgrass on 10 May 16 - Cached
  • United States Court of Appeals, Ninth Circuit.
  • Mishler's original complaint alleged the malicious deprivation of his constitutionally-protected property right to obtain official verification of the existence of his license
  • licensing tribunal must be impartial and cannot act on the basis of personal bias.
  • ...1 more annotation...
  • Each party to bear its own costs. Both parties' requests for attorney's fees under 42 U.S.C. § 1988 are denied.
  • Brett Snodgrass on 10 May 16
     
    It took 10 years of litigation to address the corruption and dishonesty of the state medical board. The state medical board members used the state's authority to pursue strictly personal agendas and they maliciously deprived Alan J. Mishler, MD, the good neurosurgeon of his constitutional rights. 
Brett Snodgrass

PubPeer - Is It Time to Rethink Postgraduate Training Requirements for Licensure? - 0 views

pubpeer.com/...26445079

medical license quality physicians physician licensure healthcare regulation professional regulation Board of Registration for the Healing Arts medical license Board of Medical Examiners Board of Examiners in Medicine Antitrust patient safety postgraduate

shared by Brett Snodgrass on 24 Feb 16 - Cached
  • Freeman also appeals to novelty, writing that our licensing laws are old and relates this to the idea of general practitioners. However, the USMLE Step 3 was specifically designed to assess the ability of physicians to work unsupervised in an ambulatory care setting
  • Although there is more information than ever before, there is no evidence to assert that physicians are unable to look it up online, use team-based care, telemedicine, and to refer a patient that the provider is not comfortable in treating [1].
  • unrestricted license
  • ...5 more annotations...
  • prestigious clinical fellowships
  • that help trainees match into a
  • competitive specialty such as dermatology.
  • is required for many
  • there is no empirical data to support his feelings.
  • Brett Snodgrass on 24 Feb 16
     
    This article provides insight into the quality of medical regulation by a state medical board.
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