occupational licensing that licensing increases costs and fails to improve quality,
patient deaths
the number of disciplinary actions made by state medical boards may not be a precise indicator of quality
for providing excellent patient care
wrongfully disciplined physicians for reporting their colleagues
State medical boards have increased the number of disciplinary actions against physicians since the 1980s.[10] However, the number of disciplinary actions made by state medical boards may not be a precise indicator of quality as some have wrongfully disciplined physicians for reporting their colleagues as well as for providing excellent patient care
Medical license from wikipedia - this article reviews the requirement of a medical license to practice medicine, compares medical regulation in several different countries, and discusses criticisms of state medical boards.
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.
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
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].
a longtime military contractor, acting after a string of Army medical students testified that Dr. John Hagmann had subjected them to dangerous experiments and sexual exploitation.
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.
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.
Thousands of doctors are being disciplined by state medical boards for serious wrongdoing. But finding out who those doctors are can be difficult
The takeaway - doctors on the state medical board engage in conduct far more unethical than many of the physicians they discipline... Harming patients is okay, if they do it. However, reporting patient harm and unsafe patient care is unethical - at least according to the Missouri medical board.
Consumer Reports' investigation shows how hard it can be to find out whether your doctor has been cited for substandard medical care or other issues.
The North Carolina medical board staff are kind and courteous and occasionally would reply to me, but the executive director and the staff of the Missouri Board of Registration for the Healing Arts acts contemptuously towards others that ask them to not file blatant lies in court about months of unsafe breast cancer testing.
"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.
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
Rationale for Professional Regulation
From a public policy perspective, the rationale for professional regulation of medicine is patient protection [1]. Patients generally lack the knowledge, skills, or judgment to diagnose or treat disease and, thus, have strong incentives to rely on caregivers with specialized expertise
it demonstrates that for those reported to medical boards, the peer review process disciplines those with less training or the inability to qualify for or pass certification requirements.