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Brett Snodgrass

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
  • the Board's failure to retain the records relevant to the license revocation proceedings against Dr. Mishler demonstrates a significant degree of discovery abuse
  • Board knew that Dr. Mishler had declared bankruptcy and could not afford counse
  • 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
  •  
    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

  • 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.
  •  
    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

Is your doctor on probation? - 0 views

  • s your doctor on probation?
  • 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. 
  • ...2 more annotations...
  • 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. 
  •  
    The takeaway is that doctors on the Missouri Board of Registration for the Healing Arts show partiality while claiming to protect the public. 
Brett Snodgrass

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

  •  
    This study about medical regulation in Missouri details the numerous errors in evaluating the care provided by Dr. Antoine Adem. The state medical board tried to discipline the cardiologist's medical license for allegedly providing negligent and unsafe patient care. Unfortunately, what this article highlights, is that it was not Dr. Adem who failed ot use his skills and knowledge in the duties of the profession, but it was the members of the Missouri Board of Registration for the Healing Arts who failed to demonstrate competent medical knowledge and sufficient skills to properly evaluate the medical care provided by their licensees. If a physician on the medical board is unable to evaluate the care provided by a licensee, then they may pose a danger to the public due to their incompetence and, at the very least, should be second-guessed.
pepgra

Nuances of Scientific Medical Writing - 0 views

  •  
    Scientific medical writing involves writing detailed information about the basic medical sciences, drugs and latest technological innovation in the field of medicine for a range of audiences including medical specialists and health care professionals. This scientific information is written for publication in the medical journals, medical news, and regulatory documents. Contact us at : IND:+91 8754446690 US:+1-972-502-9262 UK:+44-1143520021 info@pepgra.com www.pepgra.com
pepgra

Importance of Systematic literature search - Pepgra - 0 views

  •  
    A leading Clinical Research Organization for healthcare communication firm with years of excellence serving clients with a dedicated team of Medical, Regulatory and Scientific writers specialized in all therapeutic areas. Our Services: Regulatory Writing for Clinical trials Scientific Writing Services Medical Editing Services Publication support services Clinical Bio-Statistics Contact us at : UK: +44-1143520021 US/Canada: +1-972-502-9262 India: +91-8754446690 info@pepgra.com www.pepgra.com
Brett Snodgrass

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.
  • physicians is overseen by state medical boards (SMBs)
  • Brett Snodgrass, MD
  • “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
  •  
    This article provides insight into the quality of medical regulation by a state medical board.
Brett Snodgrass

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.
  •  
    The Nevada state medical board demonstrated egregious abuse of its power and placed patient safety at risk in doing so.
Brett Snodgrass

VM -- Professional Self-Regulation in Medicine, Apr 14 ... Virtual Mentor - 0 views

  • 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
  •  
    This article provides insight into the quality of medical regulation by a state medical board.
Brett Snodgrass

Clinical peer review - Wikipedia, the free encyclopedia - 0 views

  • Sham peer review i
  • "incompetent peer review
  • Missouri Board of Registration for the Healing Arts
  • ...2 more annotations...
  • Missouri state medical board
  • mistakenly concluded that the cardiologist was repeatedly negligent and was a danger to the safety of the public.
  •  
    This article provides insight into the quality of medical regulation by a state medical board.
Brett Snodgrass

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

  • 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.
  •  
    This article provides insight into the quality of medical regulation by a state medical board.
Brett Snodgrass

The Prognostic Value of Documented Unprofessional Behavior in Medical School Records fo... - 0 views

  • The link between unprofessional behavior in medical school and board action is too weak to be of any prognostic valu
  • board action is not a good criterion for validating unprofessional behavior in medical school as an indicator of later problems in practice.
  • quality of research reporting
  • ...1 more annotation...
  • medical education
  •  
    The quality of research about medical education is too low to be used to make assertions about the quality of patient care.
Brett Snodgrass

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.
  •  
    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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