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anonymous

Improvement in quality - State Medical Board Commits Honest Actions - 0 views

    • anonymous
       
      Almost all of these cases are completely archived except for one file - that file is usually the ruling by the judge. In this case, someone archived the ruling that rebuked the Missouri State Board of Registration for the Healing Arts on every one of their 137 charges. However, the claim can still be found at https://archive.org/details/Medical-Board-vs-Paskon. #Healthcare 
  • Case No.:   #02-1491 HA Title:  State Board of Registration for the Healing Arts vs. Paskon, M.D., Seth
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    This article provides insight into the quality of medical regulation by a state medical board.
anonymous

Dr Social - 02-1491 HA - MBRHA - Pharmacology Incompetence - 0 views

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    Accurate medical knowledge is a key to safe and effective patient care. Comments are made on Case 02-1491 HA, and then the full case is presented.
anonymous

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

  • 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
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    Interesting and complex case. Surgical privileges at hospitals vary markedly from most other physician privileges
anonymous

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

  • 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.
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    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. 
anonymous

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

  • 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
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    too painful to read. torture of physicans for reporting bad doctors.
anonymous

Novel Insight into the Quality of Assessment of Physicians | Open Access | OMICS Intern... - 0 views

  • Deviation from evidence-based regulation
  • "What is particularly egregious about SBR's [SBRHA’s] 'offer of proof ' [made during the July 2013 trial] is that it is completely inconsistent with Dr. Kern's April 18, 2013 deposition testimony. This Commission need not look any further than the first patient case, patient E.O., to determine that the offer of proof is grossly inaccurate at best and a fraudulent misrepresentation to this Commission at worst.
  • state medical boards (SMBs
  • ...18 more annotations...
  • Missouri (MO) State Board of Registration for the Healing Arts (SBRHA)
  • physician professionalism.
  • Brett Snodgrass, MD
  • physicians is overseen by state medical boards (SMBs)
  • “unfathomable and deeply disturbing [sic],”
  • “wholly unworthy of a state agency [sic],”
  • Commissioner Dandamudi’s 2013 proposed report
  • misconduct by the SBRHA.
  • severity
  • Dr. Adem’s
  • Morton Kern, MD,
  • Commissioner Dandamudi
  • SBRHA may have committed fraud
  • Dr. Jonathan Tobis
  • State Board of Registration (SBR)
  • The SBRHA tried to frame Dr. Adem several times
  • Fifth, if a single act of misrepresentation or fraud is a threat to the public, should consideration be given to the need to discipline the members of the SBRHA for their deceptive regulatory conduct
  • The SBRHA’s disruption of the practice of medicine was profound, and investigation and research into the causes of the unacceptable regulatory conduct are needed
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    This article provides insight into the quality of medical regulation by a state medical board.
anonymous

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

  • While the Board withheld documents from Dr. Mishler on the expressed basis of its policy of confidentiality, it violated that policy when it forwarded confidential material, including the transcripts of Dr. Mishler's conversations with an investigator, to Dr. Mishler's neurosurgical colleagues.
  • Finally, even though the Board had the right to obtain the records and Dr. Mishler did not, the Board attempted to shift the burden for the preservation of evidence to Dr. Mishler.
  • In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power.
  • ...5 more annotations...
  • Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
  • The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physicians. 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.
  • Also, while the Board used its own rules of confidentiality as an excuse to obstruct Dr. Mishler's access to evidence, it violated the same policy with respect to Dr. Mishler's confidential reports.
  • Despite the absence of this evidence—office records, X-rays, and diagnostic films— at the hearing,
  • the Board disciplined Dr. Mishler.
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    The Nevada state medical board demonstrated egregious abuse of its power and placed patient safety at risk in doing so.
anonymous

Missouri Board of Registration for the Healing Arts - 0 views

  • Missouri Board of Registration for the Healing Arts
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    This article provides insight into the quality of medical regulation by a state medical board.
anonymous

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

  • When we look beyond the label of the discipline given to Dr. Mishler to the true nature of the facts, we conclude that 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 physicians. 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.
  • In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power.
  • Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
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    In 1993, the Arizona Supreme Court overturned all the of the AZ Medical Board's claims v. Dr. Mishler with prejudice. The Board's actions against Dr. Mishler constituted a disturbing abuse of its power.
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