Wednesday, August 30, 2017

Medicalboardusa.com Protecting Physicians from Medical Board Abuses


Medicalboardusa.com Protecting Physicians from Medical Board Abuses




Medicalboardusa.com is a website designed to provide support to physicians who are under the duress of a medical board intervention and or a malicious malpractice case. When targeted physicians become isolated, their stance in the community is diminished and the economic drain is potentially enormous. With the latter in mind this site seeks to connect physicians with others who have been down this road and appropriate people who can protect them. Medicalboardusa.com seeks lawyers who are extremely cognizant of administrative law that governs medical practice. Medical Boards have counsel well versed in this segment of the law and their targets should have equal representation.



Medical Boards have moved on from oversight of their flock to confrontational assaults with physicians. When targeted a physician should expect the worst from their medical colleagues who sit on these tribunals. With the misuse of standards of care and complex regulatory structure medical boards now entrap physicians with bogus compliance cases. These actions are performed to improve their sanction numbers amongst the states. Studies of the Arizona, Texas and Maryland Medical Boards display they have been politicized to a point that they lost the purpose of their original intent. Case after case reviewed displayed only strong legal representation by a lawyer who knew his/her way around the regulatory mind field had successful outcomes. This site should be a first step for accused physicians to discuss their cases before answering any letter from a medical board inquiring about their practice.



Mark Davis MD


Medicalboardusa.com

Sunday, August 27, 2017

Maryland Board of Physicians from Bad to Worse


Maryland Board of Physicians: from Bad to Worse



Maryland Board of Physicians has touched many lives, unfortunately not in a positive manner. Coincident with several articles I wrote for the Baltimore Examiner, detailing the unscrupulous nature of this Board, the Maryland Legislature released a derogatory report against this entity in 2011. This report was entitled, Sunset Review: Evaluation of the State Board of Physicians and Related Health Advisory Committees. Embodied in its pages was supposed to be the framework from which the Board would improve its functions and effectuate processes that were honest and consistent with its written regulatory structure. Instead the Board went in another direction. In a series of deceptive reports to the Maryland Legislature over the years following the release of the Sunset Review the Board omitted its failures exemplifying a false front as stated in this article. Managed by lawyers, from the top down, due process has been cast into the fire as this Board cherry picks which laws it will follow.



Medical Boards have come under increasing scrutiny over the last decade. Both the Texas and Arizona Boards have assaulted physicians in merciless manners resulting in loss of licensure for hundreds of physicians who did nothing more than have an MD after their names. State Legislatures woke up and cleansed the slate of characters that managed these administrative entities. Maryland Board’s incessant misuse of standards of care to entrap physicians is a tragedy that needs correction too. In the author’s case the Maryland Board spent hundreds of thousands of dollars and an entire decade to rid the state of this physician over paper compliance issues. Time has come for the Maryland Legislature to investigate this corrupt entity and rid the Board of it’s over dependence on lawyers.



Maryland’s Legislature has taken a step back in its oversight of the Maryland Board of Physicians. Last time I looked physicians were also citizens of the state. Hence they deserved certain due process rights. Appearance of due process is not due process. The Board along with its attack dog the Attorney General’s Office have a routine they follow to keep physicians from their full rights. Through convoluted legalese physicians have had a rough time defending themselves in administrative hearings. The Board’s attorneys have developed strategies to keep physicians from presenting expert witnesses, exculpatory evidence and patient testimony. Case number DHMH SBP-71-07-05227 Mark Davis MD hearing before an administrative court exposes the outright suppression of a physician’s right to defend himself appropriately. The transcript should be read by any physician forced to participate in this Soviet style hearing before a state appointed judge.



With the failure of the Nikita Levy case, the failure to oversee excessive opioid prescribing and the misuse to standards of care to target certain physicians the Maryland Legislature should be compelled to take an independent review of the Board. This should be a review by people who are not friends or associates of the Board as the most recent review by its University connections. In a future article we will review why the Maryland Board of Physicians allowed Nikita Levy case to be hidden from view until it spilled over into the media.



Mark Davis MD


medicalboardusa.com

Tuesday, August 15, 2017

Maryland Medical Society: A Self-Serving Entity


Maryland Medical Society: A Self-Serving Entity



In the course of time the original intent of the Maryland Medical Society has been lost. Predating the Maryland Board of Physicians and its multiple prior incarnations the Society, commonly called MedChi, has become a commercial entity with little regard for those who pay its bills. Claiming to represent all licensed physicians in Maryland its membership rolls are a fraction of the total practitioners statewide. Presently the Society’s website is designed for commercial ventures with sidebars stating how this quasi entity is protecting physicians. The Society is no longer a hedge against an adversarial medical board. Decades ago reviews of physicians’ practices were governed by The Peer Review Handbook generated by a cooperation between MedChi and the Board of Physicians. This is no longer the case as the Society stepped back to take a tertiary role selling insurance and deceptive enticement to bring unsuspecting physicians into the fold. Their targets have been younger physicians inexperienced in practice and the practices of the corrupt Board that licensed them. These doctors will learn quickly when they need this Society their cries for help will fall on deaf ears.



In recent decades the Maryland Medical Society has enabled the Board of Physicians to become the unscrupulous and corrupt Administrative government agency that is in force today. Hundreds of physicians are picked off every year by an effort between the Board and Maryland Attorney General’s Office. With absolute immunity the Board is able to escape retribution by their victims especially when the evidence goes against them. The Society looks the other way claiming it is the proverbial watch dog against this errant Board and legislative efforts against the medical profession. This could not be further from the truth. Both the Medical Board and Medical Society are managed by lawyers. This is not science fiction but a reality that physicians end up confronting when the Board turns its eyes towards them. The cooperative effort between these two entities is elaborated on in the next section.



In the early 1990s the Medical Society published a journal which displayed a cooperative effort with the Maryland Board of Physicians. In this journal the Society would publish raw data concerning physicians who were condemned by the Medical Board. The Journal editors refused to take any response to the data from the physician being victimized by the Board. In the author’s case over a dozen pages of raw data, later found to be false, were published in the Society’s rag. After being told, in the most literal sense to go screw myself by the Society when I complained, the author filed a lawsuit in Baltimore City Circuit Court. Known for its left leaning decisions the author won the case after the Society’s lawyers lied about their connections to the Board. Case number 24C93201023 the Court found the Society had no direct connection to the Medical Board. Therefore it had no right or responsibility to published unedited and or raw data about a physician in their Journal. This author presented this case pro se and remarkably the judge agreed with me. In the aftermath of this decision the Board began publishing quarterly publications of sanctions against physicians written in an abbreviated style.



Maryland Medical Society’s website is far from accurate. Yes, it owns an insurance company which has expanded from malpractice coverage to anything and everything that needs to be insured. Yes, it puts on social events for physicians. Yes, it tries to attract a crowd of newly minted doctors who are unaware how little the Society will give them in return. With that stated the Society has not restrained a medical board whose primary goal is to improve its sanction numbers amongst the states. The foolish notion this entity will help doctors by overseeing legislative efforts concerning medical practice is absurd. The onerous rules on physicians’ backs have increased exponentially under this so-called watch dog. Having an attorney as CEO guarantees there will be little effort to help physicians when the Board turns its eyes on them. In discussions with a multitude of physicians over several years my point of view is widespread. Maryland has a medical society that is self-serving, unwilling and or unable to help physicians through the sanctioning process and does not have physicians’ welfare at the center of its existence. For these reasons and more the Maryland Medical Society only has a sub-segment of Maryland physicians as members displaying how smart my colleagues really are.



Mark Davis MD victimized by this Society once but never again.

Medicalboardusa.com presently under construction




This article will be posted on many sites so the maximum number of physicians will have the ability to read it.

Monday, August 7, 2017

Medical Boards' War against Physicians


                                  Medical Boards’ War against Physicians





Erratic behavior by state medical boards has come to light across a nation starving for health care. Physicians have become pawns in a game medical boards play to enhance their sanction numbers. Sick, twisted and disturbing medical practices have no place in the spectrum of health care. Yet the majority of physicians being sanctioned are for frivolous reasons. A review of medical board sanctions from several states displays the capriciousness of their interventions. Paper compliance is one scheme these administrative entities use to deprive physicians of medical licenses. Another is the use of the term standard of care. Embedded in Tort law this phrase has been abused beyond reason. Most repugnant is irrational regulatory structure legislated into law against physicians for the purpose of micromanaging a physician’s practice. Stepping outside the boundaries of one regulation ensnares a doctor into a system bent on destroying his career. 



When the assault on a physician begins it is indelibly imprinted on the mind of the victim. Generally the inquisition is initiated with a subpoena or a notice of inquiry concerning a patient or patients. The cause of the action could be a complaint or randomly generated. In either case the physician is at the starting gate of a long process which will either be confrontative, intensely adversarial or a combination of both. Do not make the mistake of giving these errant boards anything more than requested. A smarter move would be to engage an attorney cognizant of Board procedure and regulation. This is very specialized area of the law not known to many attorneys. To go to war against an adversary with a big hammer one must have a hammer of his or her own. A board intent on sanctioning a physician, especially when the evidence goes in the opposite direction, will be successful unless the target is properly protected.



Medical Boards have exceeded their legislative mandates by perpetrating fraud on one entire segment of society, physicians. Prosecutorial misconduct is common against physicians who do not fall in line. In many cases the prosecution of individuals is so baseless it is openly apparently. The author will post a series of articles concerning his adventures in the nether world of deceit incurred against him by the Maryland Board of Physicians. The purpose of this writing and others to follow is to open a dialogue which will lead to physicians having proper guidance when confronting an outright assault on their careers.

Mark Davis MD


medicalboardusa.com


Lawyers and expert witnesses who would like to advertise their services on medicalboardusa.com please contact Dr. Davis at platomd@gmail.com

Tuesday, August 1, 2017

The Terminal President


                                                The Terminal President



President Trump came to Washington with the best of intentions. The harsh reality he has confronted was not on the horizon when he set out to achieve the White House. Gridlock and obstruction have always been part of the liberal mantra. No one expected these impediments on the conservative end. Six months into Donald Trump’s historic term the left is falling all over itself attempting to finish Trump’s Presidency early. Utilizing Robert Mueller, as a special prosecutor to perform their dirty work, he is moving far outside the Russian probe for which he was engaged. In the event you cannot find ghost on your own hire a ghost hunter.



Media icons continue to push a theme that Trump’s legislative agenda is dead. Far from it. Mostly recently only three Republicans refrained from voting for a milder version of repeal and replace of Obamacare. Trump was able to corral the rest into his corner. Failure no, rejection no these three have a habit of voting in another direction. Nevertheless health care legislation has only been delayed.



Government operations now function more smoothly after Trump removed Obama era obstacles. Energy production is peaking after a cap placed on exploration was removed.  Military has been liberated from White House control leaving it to pursue its primary purpose, protecting American interests and people. One by one onerous Executive Orders from the past eight years are being nullified. Medias’ silence on these issues displays their imbued hatred for Trump and their left leaning bent.



Trump will triumph because the course he sets is focused, consistent with constitutional principles and is against those who want to see the nation fall. No matter how many roadblocks he encounters failure will not follow him.



Mark Davis MD


medicalboardusa.com