Showing posts with label Maryland Board of Physicians. Show all posts
Showing posts with label Maryland Board of Physicians. Show all posts

Wednesday, August 29, 2018

Beaten in Court Maryland Board of Physicians Hides Their Loss from the Public


Beaten in Court Maryland Board of Physicians hides their loss from the Public



Absent from this once great newspaper, the Baltimore Sun, was the win by Doctor Mark Geier against the Maryland Board of Physicians (Board) in the Circuit Court for Montgomery County (case# 371761 civil division). In his Opinion Judge Ronald Rubin sliced and diced the Board of Physicians for breach of medical privacy, for providing an array of false testimony to the court, failing to preserve emails, providing false witness concerning these emails and utilizing the Board’s legal machinery to deprecate a physician in the public domain.



Judge Rubin stated in his opinion: “If their (referring to the Board) testimony were to be believed, which the court does not, it is the worst case of collective memory amnesia in the history of Maryland government and on par with the collective memory failure on display at the Watergate hearings.” Judge Rubin was not aware of the Board’s history of corruption through suppressing evidence, utilizing legal chicanery and cherry-picking regulations to remove unpopular physicians from practice.



Baltimore Sun archives contain a series of articles hostile to Doctor Mark Geier. Yet not one word of the Board’s defeat in the Montgomery County Circuit Court. Beyond the archives this intrepid reporter attempted to contact several editors at the Baltimore Sun for an explanation why Judge Rubin’s opinion was not published on or about December 2017. Silence was the only answer I received. Perhaps this selective reporting is business as usual between a State of Maryland administrative agency and a newspaper that should have folded long ago.



Judge Rubin’s toxic decision against the Board is now on appeal in the Maryland Court of Special Appeals. Fourteen members of the Board, the Board’s lead attorney and its chief investigator were ordered to pay a total of 2.5 million dollars to Dr. Geier and his family. The current court, where this appeal is to be heard, is well-known for falling on the sword for the Board of Physicians. Facts do not matter to the Appeals’ judges only political loyalties and agendas. This court is well known for legislating from the bench.



A majority of physicians in Maryland are not aware of the Board’s irreverent behavior, as noted by Judge Rubin. Baltimore Sun’s blackout of this case is both sad and expected for this left ring rag. Worse none of the major radio stations covered this trial or Judge Rubin’s final opinion. Therefore, it is a moral imperative to inform the public, especially the physician community, the Maryland Board of Physicians is tainted from the top down requiring inspection, realignment and reconstruction by those empowered to do so. More to come.



Mark Davis, MD


medicalboardusa.com

Saturday, August 18, 2018

Maryland Board of Physicians More Corrupt than Ever


                    Maryland Board of Physicians More Corrupt than Ever





Maryland Board of Physicians (Board) has chronically subverted State law, regulation and procedure to manipulate outcomes of the medical licensing process. Integrity, honesty and propriety have been forsaken to sanction as many physicians as possible. Under the canopy of Maryland State authority abusive practices have been utilized by the Board to deny physicians due process, cherry pick regulatory structure and undeservingly deny medical licensure. Medical Boards should never stand independently from those who empower them. Instead rigorous review is necessary, on a frequent basis, to keep them from abusing their authority. With great consternation I note there are no checks and balances by any Maryland State authorities compelling this Board to be honest and forthright in their decisions. In recent contacts with Maryland’s Health Secretary and the Maryland Health Department’s Inspector General this author was literally told to go to Hell when he brought certain inequities concerning the Board to their collective attention.  There is a positive note. One Maryland court has caught the Board in a vicious act towards a formerly licensed physician.



Doctor Mark Geier was stripped of his medical license for his unpopular views on autism and his nonconventional treatments for this disease. Dr. Geier’s perspective on autism did not follow the path of mainstream medicine. As the Maryland Board of Physicians moved through its various phases of removing Dr. Geier’s license they did something not unusual for this body, they openly deprecated him. Public humiliation of physicians who fall from grace is common for this corrupt body. Personal and derogatory information concerning Dr. Geier and his family were placed online for all to see on or about 2012. Dr. Geier and his family sued the Board for extraordinary breach of privacy, humiliating him and his family in the public domain and sundry other vengeful tactics the Board used to discredit him. In a case filed against the Board of Physicians and its various members, administrators, lawyer/lawyers and investigators by Dr. Geier the Board was unable to hide its corrupt practices in its own testimony before the court. Judge Ronald B. Rubin, of the Montgomery County Maryland Circuit Court, found in favor of Dr. Geier and his family in his opinion released on or about December 2017. Judge Rubin’s opinion is stunning in the sense that most Maryland judges would rather impale themselves rather than ruling against the Board of Physicians. Judge Rubin’s toxic opinion against the Board echoes the verbiage of many physicians who have been trashed by this administrative entity. His opinion, in part, is contained in the next paragraph.



Judge Ronald Rubin sided with the Geiers and awarded them 2.5 million dollars. He ordered 14 Board members, the Board’s lead attorney and the lead investigator to pay out of their own pockets sums ranging from $10,000 to $250,000 each, depending on their net worth. In his Order Judge Rubin noted there was a significant breach of medical privacy against the Geiers. He accused the Board and its staff of failing to preserve emails related to this case and noted those who testified for the Board pleaded ignorance when confronting the email issue. Quoting Judge Rubin: “If their testimony were to be believed, which the court does not, it would be the worst case of collective amnesia in the history of Maryland government and on par with the collective memory failure at the Watergate hearings.” Judge Rubin’s complete opinion will be published in a separate article. This toxic opinion against the Board of Physicians was kept from the eyes and ears to tens of thousands who have a stake in Board function and its apparent abuse of authority.



While researching this significant news piece I noted the Baltimore Sun archives did not have a reference to this legal case and its extraordinary opinion against the Board. Performing a search on the net produced an equally disappointing result. With that stated I sent emails to several Baltimore Sun editors questioning the lack of coverage on this important case. No one ever returned an answer. The Sun ran full coverage when Dr. Geier’s life was being pulled apart. Yet when a significant court action against the Maryland Board of Physicians brought by the Geier’s was won by the plaintiff, the silence by the Sun was deafening. Baltimore Sun is the lap dog for the State of Maryland and its agencies. Specifically, it has been covering up for the Board’s corruption and members of the Maryland Attorney General’s Office for decades. Perhaps time has come to challenge the integrity of a once credible news source.



Please review articles concerning the Maryland Board of Physicians and its outrageous behaviors on medicalboardusa.com Significant news will be posted there and on many media sites in the near future, which at the minimum, will shake the foundations of this corrupt Maryland State administrative entity.



Mark Davis, MD platomd@gmail.com medicalboardusa.com

Tuesday, May 22, 2018

HARASSED BY THE MARYLND BOARD OF PHYSICIANS SEND US YOUR STORY

         Harassed By The Maryland Board of Physicians Send Us Your Story

After revealing the outrageous conduct of the Maryland Board of Physicians against this author, Mark Davis MD, to numerous colleagues time has come to hear the stories of others who have been harassed by this corrupt Board. Medical licenses are now dangled in front those who do not kowtow to this morally unprincipled administrative entity whose members are political appointees and its director is a certifiable loon. Earning a medical degree and stressed through years of postgraduate training should be enough to allow licensure unless an extreme roadblock is discovered precluding such an event. This Board has taken steps to sidestep Comar regulations and Maryland law to go rogue against those it licenses. Fabrication of standards of care is an art form for this corrupt Board and its assigned lawyers from the Attorney General’s Office. Many aspects of this author’s story are posted on medicalboardusa.com. Have your story published on this national site so others can benefit from your experiences.  To contact Dr. Mark Davis use the email: platomd@gmail.com  Thanks to all those who have already brought forward their personal stories.

Tuesday, April 3, 2018

Blightged Corrupt and a Regulatory Nightmare Maryland has seen better days


Blighted Corrupt and a Regulatory Nightmare Maryland has seen better days



Maryland is a distressed state. Submerged in crime, drugs, onerous taxes and legislated efforts to control every action of its population, the Old Line State needs realignment. Baltimore, Maryland’s largest City, has the unique distinction of having the most murders in the country, based on population size. Opioids deaths reach into the thousands with the rate continuing to rise. Recently legislated efforts to put Marijuana in the hands of a large segment of the populace will only add to the addiction crisis. To complete the State’s nightmare the government, along with its Governor who ran on a Republican platform yet acts like a Democrat, are choking businesses with onerous taxes and socialistic style legislation. Maryland is a mess. Every segment of the State needs mending. The quick answer to Maryland’s problems is to blame the federal government and President Trump. Yet, the true nature of Maryland’s problems, are home grown. They are caused by feckless politicians who ignore their decompensating state to keep the flood of entitlements flowing.  Taxes, crime and bad legislation are on the increase as Maryland victimizes its businesses to keep the cash streaming into State coffers.



Nobility is not a trait of Maryland administrative entities. Honor left these cauldrons of deceit decades ago. Managed by political appointees merit has left the stage leaving behind an obnoxious stench of social conformity. Medical care is has suffered throughout the Maryland by an influx of lesser trained foreign physicians. Worse the Maryland Board of Physicians is managed similar to the Politburo of the old Soviet Union whose Executive head is nothing less than deranged in actions and words. Along with a corrupt Medical Board the State Government is pushing to keep Obamacare alive by levying high fees on insurance companies to assure a free ride for the entitlement crowd. Paradoxically those fees will be passed down to those of us who already pay extremely high insurance rates. For the illicit entries into this country Maryland has a gift for you. Once you acquire your illegal driver’s license the State intends to automatically register you to vote in order to keep the Democrats in power for eternity plus a week. Maryland’s dishonest government, from border to border, is a liberal’s dream and a nightmare for private businesses and those who work outside the government. In the event you are considering a move to this state think twice and see a Psychiatrist.  Maryland has nothing to offer except left wing courts, untenable crime, outrageous taxes and oppressive regulations that keep your pockets thin while fattening those of politicians and their political appointees. Remember this reporter told you so.



Mark Davis MD


medicalboardusa.com

Monday, March 12, 2018

Maryland Board of Physicians Deceptive Unscrupulous and Dishonest


Maryland Board of Physicians
Deceptive Unscrupulous and Dishonest



Shadows of Soviet style judicial behavior have fallen once again on the corrupt Maryland Board of Physicians. Hiding behind its shield of legal immunity this Soviet era administrative authority destroys physicians’ careers without verifying the essence of the charges against their intended targets. Ironically the old maxim first we will give him a fair trial and then we will hang him applies here. In this case the trial was biased and the hanging predetermined. The level of corruption is so deep even the author of this piece has difficulty getting his mind around the following events.



In good faith the author filed a multiple page application with the Maryland Board of Physicians, in the latter half of 2016, for medical license reinstatement. The reinstatement document is fraught with requests for private information which arguably is none of this Board’s concern. Nevertheless the application was filed. On the final page a certification must be signed with several stipulations. Nowhere on this document does it state a third party, off the premises and outside the Board’s purview, will be sent this very private document to review. The Board’s administrative staff sent this application for reinstatement to the Attorney General’s Office without the applicant’s knowledge or written/oral consent. To make matters worse this document was given over Robert Gilbert Esq., who is part of the Maryland Attorney General’s Office, a person the applicant had sued twice in the past. Mr. Gilbert’s took it upon himself to exact his own brand of vengeful justice when he wrote two false reports to the Board in an effort to block the applicant’s reinstatement.



Mr. Gilbert’s reports contained erroneous, false and outright fabricated statements concerning the applicant, which the Board made no attempt to verify. Mr. Gilbert’s statements were unfounded and without merit. This corrupt Board went so far to have ex parte contact with Mr. Gilbert which displays the level of collusion between these two parties. In a Public Information Act (PIA) request the Board’s legal counsel and its administrative minions denied the existence of a transcript or other records of the December 21, 2016 reinstatement hearing. The cover up is intense to protect themselves from their fraudulent series of actions against Mark Davis, MD. Worse, a letter from this Board, in answer to the applicant’s PIA request, challenges him to go to court to obtain the documents for which he petitioned this corrupt Maryland State administrative entity. The Board’s counsel is well aware the immunity shield will be claimed in court to protect themselves from their illicit actions. A secondary technique will be employed stating information requested by the petitioner is privileged. Maryland’s left wing Circuit and Appellate courts are inclined to decide in favor of the Board of Physicians even when the information they send to a requesting party is patently false. In my own case and dozens of other physicians who had to tolerate the Board’s corrupt activities I watched in horror as Maryland State Courts blindly fell on the sword for this unethical, dishonest and patently unscrupulous agency.





Chief Executive of this abusive agency is not a physician. She is political appointee with a bankrupt mind and a vicious pen. Releasing a final opinion to the author, based on nothing more than hearsay and innuendo, this mentally destitute woman displayed why she needs to be shown the door. In this final opinion the rhetoric is so toxic I am embarrassed to release it in this first in a series of articles. Nevertheless the author is being framed as the worst physician on the planet and the lowest of human beings. After coming to Maryland on a Public Health scholarship and never having one penny paid out against him in a malpractice claim in forty years this physician became a target of an errant Board which denied him every level of due process. Under the tutelage of this offensive woman the Board has turned a blind eye to the toxins being spewed into Marylanders by so-called pain clinics. In the event a physician is from certain culture or works for a favored University the Board gives him/her a tap on the wrist if a complaint filed against them. With approximately 40,000 licenses under the auspices of the Maryland Board of Physicians a few hundred physicians’ careers destroyed by this entity are only considered collateral damage.



The Maryland Board of Physicians needs new leadership. Similar to a gunslinger   the Board’s hierarchy measures it successes in the number of physicians it can bring down. All physicians who are called before this massively corrupt Board should never ever appear there unless they have “counsel” well informed on the legal chicanery the Board’s Attorney General attack dogs utilize to destroy their careers. In the next article we will discuss who exactly are the miscreants perpetrating fraudulent practices on physicians and denying them due process.



Mark Davis, MD   platomd@gmail.com    medicalboardusa.com  

Sunday, January 21, 2018

Public Information Request to the Maryland Board of Physicians Drop Dead


Public Information Request to the Maryland Board of Physicians Drop Dead



Marylander’s have lost control of their government. Administrative agencies, exemplified by the Maryland Board of Physicians, hide behind carefully crafted regulations enabling these public entities to keep their perversions and malicious behaviors hidden from the public. Reminiscent of pre Glasnost days, before the Soviet empire tumbled, physicians requesting information on hearings and administrative assaults from this corrupt entity, meet a stone wall when making a Public Information Access Request. Citing lawyer-client privilege, immunity, exemptions from state law and more the Board of Physicians disables physicians’ lives, at will, then jumps behind a veil of secrecy. Most recently this physician requested records from the Board of Physicians, for a bogus hearing he participated in during the month of December in 2016, the reply in legalese: Drop Dead.



Lawyers employed by Maryland Attorney General’s Office run cover for Board of Physicians’ members. To protect themselves the Medical Board engages these lawyers to perform two tasks: First, prosecute the maximum number of physicians they can to keep their sanction numbers high and secondly to protect themselves when physicians seek redress from their illicit actions.  When a Maryland physician’s career is injured or terminated by the corrupt Board of Physicians, this administrative entity encourages doctors to take them to court. Why? In the greatest majority of cases Maryland’s left leaning courts side with their administrative departments, no matter where the facts fall. This Board cares little about facts only results. A few physicians thrown under the proverbial rug, who cares.



The Soviet Union has been gone for nearly 3 decades, yet its corrupt Star Chamber type tactics still survive. Maryland has adopted these processes within the structure of its regulations to suppress any rebuke it receives from a citizen. The laws of Maryland give preferences to some while others meet blunt force authoritarianism. Maryland’s complex legal system buries many. Some, like myself, just refuse to roll over and play dead. The next chapter will play out soon on a legal battlefield.



Mark Davis MD

platomd@gmail.com    medicalboardusa.com

Monday, September 25, 2017

Maryland's Medical Marijuana Laws a Mine Field for Physicians


             Maryland’s Medical Marijuana Laws a Mine Field for Physicians





One question physicians should ask themselves is: What civil and criminal penalties may I incur in the event I prescribe Marijuana? Neither Maryland’s inept and corrupt Medical Board nor its self-serving Medical Society have issued any statements concerning potential penalties. House Bill 881 signed by Governor Martin O’Malley in April of 2014 required the Department of Health and Mental Hygiene and its Marijuana Commission to derive regulations governing the dispensing of medical Marijuana. Recently directives have been released concerning physician involvement in procuring Marijuana for potential patients. Physician liability was not addressed by these rules or prior statue. Worse, Marijuana is listed as a Schedule 1 substance along with Heroin, LSD and other potential abusive drugs. Under federal rules prescribing Marijuana is a felony unless given prior dispensation by authorities. In recent times federal prosecutors have turned away from charging physicians with Marijuana law incursions if their respective states legalized it. This could change at a moment’s notice. Maryland physicians who become involved in accommodating patients seeking “medical Marijuana” run many risks for few rewards.



Physicians will have to move through multi levels of paperwork to be allowed the privilege to certify individuals to obtain “medical Marijuana.” An unrestricted active medical license and a spotless record of compliance with state regulatory structure is a must. Being politically well connected, similar to those chosen to be dispensers of this drug, would not hurt either. Physicians contemplating being listed for medical Marijuana certification should review all available literature issued by state authorities with particular emphasis on any statements by the Attorney General’s Office and the Medical Board.



Maryland Board of Physicians has a habit of inventing rules and standards care after the fact. Never proactive this Board cherry picks which sections of its legal Title it will follow depending upon who is before it. With a lawyer as the Executive head of this administrative entity expectations were the Board would have created guidelines for implementing House Bill 881, since it had 3 years. Without protections from civil and criminal penalties lawyers will have a literal field day prosecuting cases. Worse incorrectly certifying a patient or a patient who crashes a vehicle, with this Schedule One drug in his or her system, the physician’s liability may be substantial. Point is prescribing Marijuana could be entrapment for physicians.



Lastly does malpractice insurance cover prescribing of Schedule One drugs and the resulting detriment this drug could cause to a patient? Approximately 23 states have legalized Marijuana in some form or manner. Each state manages the legalities and judicial responses to this psycho active drug differently. Maryland’s Board of Physicians is not managed as it should. Control has been given over to lawyers with minimal input from physicians. The unpredictability of this Board’s actions, lacking specific written guidelines and standards for physician involvement with this highly potent drug, may not be worth the risk for health care providers.



The author of this article cautions physicians to be wary of signing on to prescribing Marijuana until such time as the civil and criminal liabilities have been “totally clarified.” Maryland’s Board of Physicians and its attack dog the Attorney General’s Office will quickly blame doctors, not themselves, for prescribing mishaps related to Marijuana, even though they have promulgated no rules as of this writing. In the event you want to learn how corrupt your medical board is read a few of the articles at: medicalboardusa.com.



Mark Davis MD


medicalboardusa.com

onandoffthehill.com

Tuesday, September 5, 2017

Strange Case of Doctor Nikita Levy and the Maryland Board of Physicians lack of Response


Strange Case of Doctor Nikita Levy and the Maryland Board of Physicians lack of Response



Doctor Nikita Levy, an Ob-gyn physician, purportedly photographed the vulnerable parts of thousands of women before his secret was outed in February 2013. A savvy John Hopkins Hospital employee noticed that Dr. Levy had a small device on his person resembling a camera. Soon after this revelation the unnamed employee reported Dr. Levy to Hopkins hierarchy who subsequently fired him. Investigations displayed Dr. Levy had a large cache of photos in his personal possession which allegedly contained those of both adult females and children. Dr. Levy was an employee of Hopkins for more than 2 decades. Indications are his photo spree started on or about 2005. There is no history of outrageous medical activity prior to this time.



Within 2 weeks of his disengagement from Hopkins Dr. Levy committed suicide reportedly by suffocation utilizing Helium as a catalyst to expedite his death. The horror to his family and the patients affected is insurmountable. In the month leading up to this article over 8,000 checks were mailed to Dr. Levy’s patients as part of a 190 million dollar malpractice settlement. Media sources note lawyers received 32 million of this amount. This case has more questions than answers.



1)    Why didn’t the Maryland Board of Physicians suspend Dr. Levy’s medical license under an emergency order immediately upon knowing the circumstances of this case? This is within their power

2)    Eight thousand women made claim to funds in the malpractice financial pool. Is the public supposed to believe not one of these women suspected Dr. Levy’s deviance during their exams?

3)    Doctor Levy was exposed to many John Hopkin’s employees during his tenure at this noteworthy institution. Only one employee noticed his deviance with a camera device. This is a stretch of credibility.

4)    Worse is the public to believe not one patient of the 8,000 complained to Hopkin’s hierarchy from 2005 until 2013 concerning the odd behavior of Dr. Levy.

5)    Did the Maryland Board of Physicians treat this case with special deference because Dr. Levy worked for Hopkins? Did Dr. Levy receive special treatment from the medical board for other reasons?

6)    Since Dr. Levy was not cited by the medical board prior to his untimely death his record with the Medical Board will never reflect the facts of this case and the malpractice settlement. Why?

7)    What did Hopkins know about Dr. Levy prior to its employee discovering his camera on or about February 4th 2013?



Maryland Board of Physicians is managed by lawyers. There appears to be purposeful intent on their part to look the other way in this case. Dr. Levy, as reported by local media, continued to have an active medical license at the time of his death. If true the Maryland Board of Physicians is hiding the truth of a former licensee by their silence. The final question is: Why?



Mark Davis MD


Manager of 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.

Friday, June 2, 2017

Unmarking the Maryland Board of Physicians


Unmasking of the Maryland Board of Physicians





Maryland Board of Physicians is managed by attorneys not physicians. This Board’s constituent members, physicians, are incidental to the administrative efforts and processes of this Board. Language descriptive to the type of people who partake in this Board’s management would be inappropriate in this article. Needless to state they are the bottom of the barrel. On or about 1992 the medical license of Mark Davis MD was revoked. The circumstances of this revocation were based on frivolous and illicit actions by this Board. An article is posted at:       https://onandoffthehill.com/2017/05/04/corruption-entrenched-in-marylands-highest-legal-circles/  describing their illicit actions along with supportive documents. Yes, Soviet style justice is practiced at the highest levels in Maryland. Reading further one will see how criminal they are.  



After being viciously debased in the media by former Maryland Attorney General J. Joseph Curran and the Board of Physicians with claims of poor patient care, that never occurred, Dr. Davis filed an unprecedented lawsuit. This case was filed on or about 1994 at the Anne Arundel County Maryland Circuit Court. As the plaintiff in the case, who represented himself, the court was uninterested in his legal filing and dispensed with the case quickly, though each and every fact stated was verifiable. All the defendants were given immunity and the case was dismissed. The Anne Arundel case and its appeal to the Court Special Appeals (in full) are both located at the link below this article to substantiate the factual nature of Dr. Davis’ assertions.



In 1994 Case number 1819, September Term was to be heard by a 3 judge panel in the Court of Special Appeals. The Appellant, Mark Davis MD who brought this case, was approached in the outer area of the courtroom by 2 members of the Maryland Attorney General’s Office. The exchange of verbiage that occurred was both illuminating and extremely outside normal legal processes. These 2 men prostituted themselves by stating in the event Dr. Davis dropped this case, before it was heard by the Court, the Maryland Attorney General’s Office would enable him to have his medical license reinstated. Dr. Davis’, who was representing himself, considered the offer and accepted it in good faith. Sadly this faith was misplaced. In the event this case was heard by the Court a scandal of extreme proportions would have rocked the state and potentially the State of Maryland would have had to pay out millions in retribution to those who were falsely accused. Worse the people of the State of Maryland would have found out how corrupt their Attorney General was. The profound level of deception, misrepresentation and misuse of government office was beyond belief. After Dr. Davis dropped the case he was invited to appear before the Maryland Medical Board to have his medical license reinstated.



In 1995 Dr. Mark Davis represented himself before 15 members of the Maryland Board of Physicians (now the Board has 21 members). Board members asked several questions yet avoided others which were more important. Dr. Davis told them there were no medical malpractice cases filed against him, the other physician staff members, the auxiliary staff or the nursing home where the so-called horrific patient care “never” took place. Dozens of medical records had been requested by attorneys. The nursing home had an umbrella malpractice insurance policy with maximum coverage. Each physician had maximum coverage for that time period (1989-1990). If you are suspicious that a false action occurred against Dr. Davis, you are correct. Quizzically none of the 15 members of the Board or Board’s assigned lawyers discussed any aspect of the Court of Special Appeals’ case. The 1995 Board knew they had been misled and had made a huge mistake against Dr. Davis. The good doctor was told to leave the room. Approximately 1 hour later he was called and told his license was reinstated unanimously by Board membership. In the event you believe this was a wrong made right, it wasn’t. Instead the Board through its attack dog, the Maryland Attorney General’s Office, had ulterior motives.



On or about June of 2001 Dr. Davis received a subpoena for medical records. This was immediately after Dr. Davis’ 5 year supervised probation by the Board was completed.  Ten charts requested were immediately sent to the quality assurance section of the Board. This was the beginning of a decade long assault on Dr. Davis’ medical license. After a series of legal encounters and the Medical Board’s disregard for its own written rules Dr. Davis received a document that accused him of violating the Medical Practices Act. Dr. Davis was being charged nearly 6 years after the initial request for medical records, though resolution usually occurs within one year by regulation. The charging document was a series of false allegations, innuendos and misrepresentations written by Robert Gilbert from the Maryland Attorney General’s Office.  Five charts were cited by two physician medical record reviewers in the document. Surprisingly one of the reviewers chosen by Mr. Gilbert, who was chief of a medical department at a local hospital, stated Dr. Davis did not transgress any standards of care. The second physician, Ira Kaplan, was engaged to review medical records from a company that Dr. Davis had sued nearly a decade before. Was this a coincidence, absolutely not.                                



To abbreviate this portion of the story Dr. Kaplan was not an expert in “diet medications” on which the charges was based though the judge reviewing the case accepted him as one. Dr. Kaplan’s only claim for being a medical records reviewer, in this case, was his background in Internal Medicine. Dr. Kaplan’s lack of knowledge of diet medications was obvious when he was cross examined. He might as well have been a carpenter. The Administrative Court found for Dr. Davis in the “majority”, though he was not allowed to present evidence, documents and bring in expert or patient witnesses (see forthcoming e-book Anatomy of a Medical License Revocation). The Board turned the administrative judge’s opinion around 180 degrees and gave Dr. Davis a 3 year revocation though Board members never heard the case directly themselves. After requesting reinstatement from the Board in a hearing during December 2016 they turned down his application. Additionally the Order from Board noted they would not entertain any further reinstatement applications. This case scenario sounds unbelievable yet it happened here in Maryland. This infamous case will be laid out in detail in the aforementioned e-book presently being written. One additional point is a Public Information Request was placed with the Board for all documents, recordings and paperwork related to the December 2016 hearing. The Board outright refused this request, hid behind regulations as the reason to refuse the request and then told Dr. Davis to seek judicial recourse knowing the courts generally side with Maryland Administrative entities. If they are innocent of collusion and corruption why hide information related to this request? It is ironic that the Board hides behind their regulatory authority to protect themselves yet they did not follow the same regulations in Dr. Davis’ case.



The Maryland Board of Physicians, it chief executive Christine Farrelly along with a member of the Maryland Attorney General’s Office Robert Gilbert should be investigated for the following; filing a false charging document, obstructing due process, violating the rights of a physician, violating written physician Board  regulations, lying to judicial officers and revoking a physician’s license based on zilch. Please review the attached document at the link noted below. Please allow a few seconds for this site to open. These are the documents that Maryland’s Attorney General J. Joseph Curran did not want the media to see.

 



Mark Davis MD, platomd@gmail.com                                
https://onandoffthehillcom.files.wordpress.com/2017/05/1994-court-of-special-appeals.pdf

Wednesday, May 3, 2017

Corruption entrenched in Maryland's highest legal circles


Corruption entrenched in Maryland’s highest legal circles



Governments are not established to demean or deprecate the citizens that support them. Their intrinsic value is to provide civility to populations that are otherwise not organized. Carrying out these functions administrative agencies are created, under the canopy of a central authority, to streamline delivery of these services to the governed. Sadly government’s hands are not always clean providing the aforementioned tasks. Two state Attorney Generals, one from Texas and the other in Pennsylvania, found themselves being prosecuted.   Securities fraud caught Ken Paxton in the Lone Star State and perjury for Kathleen Kane in the Keystone State. Maryland government has problems in the same office represented by the latter two individuals.



In 1990 the former Attorney General of Maryland J. Joseph Currans was up for reelection. He needed a cause celebre to fire up his constituents, therefore he chose the Poplar Manor Nursing Home to take down. With legal chicanery and the help of two medical vigilantes, doctors who review medical charts for a living, a false front was created to close this facility. With the most fraudulent considerations in mind these doctors, George Taler and Timothy Keay provided the vicious false reviews, as they were directed to perform by the Maryland Department of Health and Mental Hygiene. Fortunately for the ownership, including this author, they left a trail of documentary evidence which would vindicate him and others several years later.



From the archives of Mr. Currans’ office a series of documents, which were withheld from us earlier, were released through a Public Information request. Within these pages there is display of perjury, filing false medical reports and clear intent to close a nursing home without basis. In time between the Home’s closing and the documents discovery Mr. Curran basked in a false light which made him a hero in many eyes. Little did the public realize the very man they elevated to the highest legal throne in Maryland was nothing more than a petty crook with a large hammer. The attached website provides the documents necessary to discern the illegalities Mr. Currans incurred against the innocent. Please read the report and review the documents on this web page. 






In future reports this author will discuss how the Maryland Board of Physicians lies and deceives the public by filing false charges against doctors with the help of the Maryland Attorney General’s Office.  Please also look for an e-book entitled: Anatomy of a Medical License Revocation.



Mark Davis, MD platomd@gmail.com

Speaker, author, journalist and editor

Wednesday, April 26, 2017

MARYLAND ATTORNEY GENERAL'S OFFICE CAUGHT IN A MIRE OF CORRUPTION


Maryland Attorney General’s Office Caught in a Mire of Corruption



On December 21st 2016 Mark Davis MD went before the Maryland Board of Physicians. The matters discussed below in this brief article were resurrected from 1990 during this hearing along with the contents of a fraudulent charging document concocted by attorney Robert Gilbert of the Maryland Attorney General’s Office, which he wrote in 2006. The charging document was so viciously false and its complexity so deprecating an e-book is being prepared for its presentation to the public. Needless to state Mr. Gilbert, in his legal capacity, was able to convince the Board of Physician members that his charging document was true though one of the two physician reviewers it was based on stated Dr. Davis followed the standards of care. Additionally Dr. Davis was cleared in the majority by an administrative judge 2007. Facts get in the way because lies make better news. Dr. Davis was told in writing he should never again apply for a medical license in Maryland though he passed a national test of competence in 2016. In our e-book we will discuss in detail how politicized and corrupt the Maryland Board of Physicians is and details of Dr. Davis’ disgusting treatment by them. Please read below. All comments are welcome. All documents related to this article are on the attached link.



As the summer receded in 1989 I made a huge mistake for myself, my family, co-workers and investors, I purchased a nursing home in Maryland. A toxic group of Maryland Administrative entities knew before the ink was dry on the contract of this facility, Poplar Manor Nursing Home, would close no matter what its new owners would do to save it. Anyone caught in the vortex of this transaction, including this author, would be pulled down into a never ending spiral of legal chicanery. A document noting this facility was on track to be closed was withheld from the potential new owners by the Maryland Department of Health and Mental Hygiene (DHMH) and its attack dog the Maryland Attorney General’s Office. New management moved in on or about August 1989 and the latter two entities, who entrapped us, tried to move us out before 30 days was up. As medical director for 8 years I was not aware the facility had problems in categories outside of my control. The withheld document is part of a forthcoming e-book and included here as document 1. The State of Maryland’s parasites were not finished. They not only wanted the facility closed their intention was to bury the major owner, it’s former medical director. Their tools were a sea of lies, misrepresentations and legal entanglements for the end purpose, medical license revocation and removal of nursing home ownership. There was no coincidence that J. Joseph Currans, the Maryland Attorney General, was running for reelection during this time in 1990. This meant he needed a cause celebre to run on. He used Poplar Manor as one of his fulcrum’s for reelection. That is, he personally saved hundreds of patients from an evil doctor, 12 associate doctors and his approximately 160 workers. Curran’s wanted people to believe the ownership spent 5 million dollars to torture patients and run a nursing home into the ground. The narrative was false then as it is now to keep this physician out of practice in Maryland and keep another corrupt politician in office.



By the end of 13 horrifying months, orchestrated by Department of Health and Mental Hygiene (DHMH), management was replaced. New physicians were brought in to work with patients and the facilities bank accounts were removed from our control and eventually emptied. Since there were no malpractice cases filed or complaints from anyone what was the basis for this unfounded change in the facility personnel. Two physicians from University of Maryland, Dr. George Taler and Dr. Timothy Keay were brought in to cover up the incompetence of the State physician reviewer, Dr. Lois Leonard. It seems Dr. Leonard was not qualified to review nursing homes or any other facility because she did not have the prerequisite training to do so. Her post medical school training was a 1 year rotating internship. Yet the DHMH hired her to monitor nursing homes and other facilities. She was not qualified to place a band-aid on a finger. Drs. Keay and Taler were profoundly involved in the following illicit activities.



1)  They were engaged to review physician services by the Department of Health and Mental Hygiene, not the Board of Physicians, who was the only legal Maryland authority empowered to review licensed physician services during this period of time.

2) They did not follow the collective protocols of the Board of Physicians and the Maryland Medical Society to perform physician reviews which were in force at the time. Documents 2, 3,4,5 display their mishmash reviews which are nearly illegible, outside the standard of review and far from accurate.

3) In an affidavit filed by George Taler on July 5th 1994, affirmed under the penalties of perjury, Dr. Taler knowingly perjured himself with the help of the Maryland Attorney General’s Office by the following:

a) Document 6 and 7 is Taler’s affidavit.  

b) In Document 7 Dr. Taler claims he reviewed a representative sample of patients at the nursing home. This indicated he chose the medical records personally, untrue. Document 8 displays Drs. Taler and Keay were given the charts to review. The starred names were the patients reviewed by the State employed Physician, Dr.Lois  Leonard. Dr. Leonard was specifically sent into the facility to find anything she could wrong  with physician care, when there was none. Drs. Keay and Taler were sent in to cover up her work and confirm her lies. The evidence cannot be interpreted any other way. c) In document 7 Dr. Taler states he had no personal gain from the review. Yet in documents pages 9-11, which is the contract for Drs. Keay and Taler to review medical records, it states they  would paid over $4,000 in 1990 funds, more lies.



Perjury was okay because it was backed by Maryland Attorney General’s Office. Civil and criminal charges were based on erroneous medical record reviews. A nursing home was closed and 157 patients were displaced because of phony medical record reviews. Additionally one hundred sixty people lost their jobs because of an out of control health department and administrators wanting to move up the food chain. Upwards of a half a million dollars is unaccountable from the facility’s accounts. Most of all a God fearing physician was dragged through the media, the legal system and to financial catastrophe for absolutely nothing.



When Dr. Mark Davis filed case number 1819, September term, 1994 before the Maryland Court of Special Appeals the Maryland Attorney General’s Office took quick notice. Two attorneys from this self-serving corrupt office requested Dr. Davis to drop this case and in return they suggested they would enable him to have his medical license reinstated. He did drop the case and they helped him regain his medical license 1995. The Medical Board, by a unanimous decision, returned his medical license. The Board realized the initial case filed against Dr. Davis was nothing less than dreck.  If this case had been heard perhaps the current Attorney General of the time, J. Joseph Currans would have been brought up on charges. There is much more to this case. Attorney Gilbert must be outed for his erroneous statements before the December 21, 2016 Maryland Board hearing and the unfounded charging document he concocted in 2006. This article only touches the surface of the vast corruption in the Maryland Administrative authorities noted here. No patient was harmed in any manner by Dr. Mark Davis, yet hundreds were harmed by the authorities discussed in these pages.  Please look for the complete e-book on this case coming soon. 



Mark Davis, MD   platomd@gmail.com
https://onandoffthehillcom.files.wordpress.com/2017/04/11-page-file-attorney-general-article.pdf

Sunday, April 2, 2017

Maryland Board of Physicians Scandal 101

MARYLAND BOARD OF PHYSICIAN SCANDAL 101



Maryland’s toxic Board of Physicians has hurt too many for too long. This Administrative entity has a vast legal structure imposed on it to regulate physician function and performance with one caveat, these legal guidelines are not obeyed. Believe it or not the Board of Physicians (Board) has run an illicit organization, for several decades, with minimal to no supervision by the Maryland State Legislature. I have observed first hand this Board’s determination to harm a physician though the facts of the case moved in a different direction than charges imposed. “Enumerated below” are many not all reasons why current Board members and administrative staff (many of whom are lawyers) should be removed from office and investigated by legal authorities who sit beyond Maryland State’s borders. This scandal is more than a civil rights issue. Instead it is one of corruption in a State entity that has gone unchecked for far too long. With thick cronyism in play, judges who will defend the Board even when the evidence is against them and worst of all an Attorney General’s Office complicit with Board hierarchy time has come for an independent open investigation of their malicious behavior. The list that follows is drawn up from personal circumstance inflicted on Mark Davis, MD. A book is in preparation, with documentary evidence, confirming the incredulous journey one physician had, through 2 episodes of malicious prosecution with this corrupt entity, will be published soon.



1)    There is no set standard of medical record review in the files of the Maryland Board of Physicians. Therefore the Board can create any false narrative about a medical record they choose.

2)    Highly paid medical vigilantes review records for the Board. These physician reviewers are engaged from the private sector, given immunity and lie with impunity. I will present documentation in a forth coming book displaying the Board removes medical licenses under false pretenses.

3)    The Court of Special Appeals legislated from the bench that one physician reviewer is sufficient to have a medical license revoked. The regulations as written require two physicians to agree “standards of care” were not met. If two physicians have opposing views a third one is required to be brought into the dispute. In the author’s case of the two physicians utilized one noted this author followed the standard of care. The second physician, who did not practice dietary medicine nor had any special knowledge of this field consistently lied during a judicial hearing, as the transcripts display. Worse he was engaged from a company sued by this author previously.

4)    Knowing the facts in number 3 how could anyone draw up a charging document against a physician when one state reviewer noted this author did not violate the known “Standards of Care.”

5)    The Attorney General’s Office is deeply rooted in the scandalous behavior of the Board. One specific attorney from this office, Robert Gilbert, in his official capacity, fabricated charges against this physician as noted in number 4 to start a prosecution against this physician.

6)    Though the Board’s own judicial arm the Office of Administrative Hearings found for this physician the membership of the Board flipped the decision and gave this author a 3 year revocation which they changed to permanent status after he applied for reinstatement and passed a national test.

7)    The Maryland Board of Physicians is managed end to end by lawyers. From its top Executives to their review arm.  Trashing physicians is their speciality without regard to observance of physicians’ rights.

These enumerated malicious activities and many more, at the minimum, need to be brought before a State of Maryland Legislative committee empowered to review this administrative entity. Abuse of authority is evident. Does the evidence rise to the level of felonies? I would submit this to be the case. In the end patients suffer needlessly for this indiscriminant use of authority. Perhaps in the near future the true nature of the Board’s scandalous behavior will be revealed to all and as a result appropriate prosecutions may occur. My question is will Maryland Courts once again provide immunity for the Board’s illicit activities.  More to come.
Mark Davis, MD
platomd@gmail.com
Manager of bestproofreadingeditingbookreviews.com
Manager of superbbookreviews.com

Sunday, February 19, 2017

MARYLAND'S GREAT SHAME ITS BOARD OF PHYSICIANS


MARYLAND’S GREAT SHAME ITS BOARD OF PHYSICIANS



Maryland State Legislature is required to oversee its Board of Physicians, yet they don’t. Utilizing the most illicit means to remove a physician’s medical license has become an art form for a Board oblivious to due process, established precedent and the law. More than incompetence the Board has deliberately skewed due process to fix outcomes no matter where the facts lead. From the day a physician is handed a charging document fraught with falsehoods to his final seconds before a politicized medical board the outcome against the doctor is predetermined. I am one of many victims of this malicious entity which works with a corrupt Attorney General’s office to assure outcomes that should never be.



Maryland Physicians go about their practices never aware the Administrative entity which controls their licenses is corrupt and will falsify data to deny their ability to practice. In my specific case a charging document was drawn up against me whose author, Robert Gilbert Esquire from the Attorney General’s Office, knew ahead of time his document was baseless. The State required in 2006 that a charging document have two physicians certify another physician is not competent to practice. If there was a dispute between these two physicians a third was required to intervene. In this physician’s case one of the two medical doctors reviewing for the Board had written a document stating that he reviewed my medical records and found no deviation from the standard of care. Mr. Gilbert knew this fact yet he wrote a malicious report about this physician never using the third physician as required by regulation and orchestrated with his second paid physician to misrepresent my medical records. The second physician in this case had no experience with the evidence in the purported charges. He was a shill.  Even worse utilizing twists in Board regulations I was not allowed to put on a defense at the Office of Administrative Hearings. Under the umbrella of this judicial anomaly the Administrative Judge still found for this physician. Unfortunately the Board reversed the Judge’s ruling and gave me a 3 year revocation. They, meaning the Board of Physicians, had committed another fraudulent act among many.



After the 3 year revocation was completed I was misled into believing that my license would be returned to me if I passed the SPEX test. On or about September of 2016 I passed this test though the Board did not provide any literature stating the contents of this exam (more on this in another news piece). In December 2016, after submitting a lengthy application for reinstatement, I was invited before the Board to speak. The Attorney General’s representative, the person who falsified the initial charging document ( Robert Gilbert), was present. The misrepresentations about this physician were ugly, untrue and based on hearsay as Mr. Gilbert stated them in front of a half dozen Board members. I was given a few minutes to speak. Six weeks later I received a negative response in part stating I was not contrite enough before this panel. They believe that I did not supply enough evidence that I would change my practice habits. Worse I was told in writing the Board would not entertain any further applications from me for reinstatement. Horrific as this corrupt Board’s stance is they are trying to cover up their own tracks.



In the event members of the Board of Physicians reinstated my medical license it would be an admission their rationale for revocation was false, malicious and misdirected. More details will come out as a book in preparation will display. Including solid non disputable evidence the Board of Medicine is as corrupt as a 3 dollar bill. For any questions and or comments I can be reached at platomd@gmail.com  This article will be posted on several national news sites I own and a compilation of the events surrounding my medical license history will be published in the near future. May God have mercy on those who lie to maintain their position in life and or want to move up the food chain on others peoples’ backs.  Mark Davis, MD

Saturday, February 11, 2017

Politicization of the Maryland Board of Physicians


Politicization of the Maryland Board of Physicians



Few administrative authorities in Maryland are as corrupt as the State’s Board of Physicians. Delegitimized by a cooperative effort with the State’s Attorney General’s Office physician licensing is mere numbers game to them. Utilizing blatantly false evidence in association with paid medical vigilantes medical license revocation has been brought to a high art form in this very blue state. I have been through this process twice. Each time the lies and misrepresentations by the medical board get deeper and the litigation longer. Facts get in the way of their ultimate agenda to sanction as many physicians as they can. Though the State government has provided a level of safeguards for physicians being inspected by the medical board these regulations are generally circumvented. With the help of a judiciary hostile to physician plaintiffs the medical board tends to obtain decisions favorable to them no matter where the evidence lies.



In my first confrontation with the Board of Physicians in 1990 the author was not aware of many facts at the time. Two physicians who came to review the author’s work at a nursing home he managed had perjured themselves in documentation and at an administrative hearing, were not in the same field as the author and had no authority to review him. Worse these facts and others were hidden by an eager Attorney General’s Office managed by J. Joseph Currans trying to be reelected. When the author had an opportunity through Freedom of Information request to see the documents that included these embedded facts he filed a lawsuit. To cover up the unlawfulness of his office Attorney General Curran’s representatives quickly enabled the author to regain his medical license on or about 1995.



In the author’s last go around with this corrupt entity one of the two Board witnesses engaged by this administrative entity sided with this physician as well as the judge in the Office of Administrative Hearings.That was not enough for these cretins who decide physician licensure. Their appointed lawyer, Robert Gilbert from the Attorney General’s office, brought charges knowing that one their expert witnesses completely disagreed with the charging document’s contents. The Board turned around their own judge’s ruling giving the author a 3 year revocation. Then on request for reinstatement, after passing a national test of clinical knowledge, was denied a license. To wound the author further the Board’s director wrote to the author not to reapply again. Corruption in this entity is not to be taken lightly. My case in not unique yet exemplifies a process that destroys careers even when there is minimal or no root cause.



Attorney General’s Office is supposed to bring factual data to the table when taking a case against a physician into an Administrative Hearing. In this physician’s case that did not happen nor was he allowed to defend himself because of quirks in Board Law. Nearly every rule of judicial and Board etiquette was circumvented to obtain a result that never should have ended in the way it did against this physician. Maryland physicians who have been dragged through the mud by the Board and the Attorney General’s Office are aware of the intrinsic

unfairness embedded in the civil prosecution of physicians. Doctors have few rights and even fewer abilities to effectuate a positive outcome when confronted by a Board that has lost sight of its reason for being and a judiciary in the tank for the Board. There is much more to this story including a massive amount of money that went unaccounted for from the author’s nursing home when the State intervened in its function in 1990, 157 patients who were displaced from their long term home, 160 workers who lost their jobs and more. Deceit unparalleled by a sitting Attorney General and misrepresentations to the public to keep his backside in a government post he did not deserve were at the forefront of this malicious prosecution. This story needs to be told in an evidence based manner and it will. Mark Davis, MD. platomd@gmail.com.

Wednesday, August 22, 2012

Stealing am medical license: Maryland style


Stealing a medical license: Maryland style

 

Physicians licensed in Maryland are subjected to the whims of a medical board that is politically appointed and run end to end by attorneys. Colleagues in other states are in disbelief when they learn that a lawyer not a physician is the executive director of this entity. They are even more perplexed that lawyers manage the compliance division and other sections of this administrative authority. Most astounding to them is 8 out of 21 members of this authority are “not” physicians. Maryland Board of Physicians was established to have special expertise in the medical domain. Yet its present construction is far from that initial format. Physicians no longer have to commit a medical mistake or series of them to be charged with an offense under the Medical Practices Act. Physicians can have their licenses revoked based on hearsay, false evidence against them, junk science, fallacious expert medical record reviews or sundry actions that do not pass the sniff test. An assault against Mark Davis MD exemplifies the depths this board would take to have his licensed pulled. In June of 2002 a subpoena for medical records arrived at this physician’s office. Four months later a note arrives from an “unknown reviewer” asking him to make several changes in his practice style. Since all procedures and paper formats had previously been approved by the authority sending the letter this physician questioned the unknown reviewer why the changes should be done when they were not justified. No answer came forth. One month later this Physician was invited to a clinical meeting with three other physicians, none of whom were initiated in the specific practice type of this author. This unfriendly encounter was further deprecated by the three member panel failing to be given documents sent to them by this physician.  The perpetrator of that act was none other than the lawyer who headed the compliance division. Forty eight months from the day of the subpoena a charging document that should have never have been drawn had the name of Ira Kaplan MD and a 2nd physician written across the title page. Dr. Kaplan, who is protected by peer review regulatory laws, was chosen as an expert medical record reviewer when he had no expertise in the specific subject contained in the charges. Though the board had forty months to prepare a case, this physician was given 3.5 months with two intervening holidays to prepare his case. The medical board through its Attorney General’s representative had no intention of allowing the truth to come forth. He used every legal trick at his disposal to block defendant witnesses from testifying, defendant legal briefs to be entered as evidence and other exculpatory documents from being brought before this administrative review. Worse he obstructed the testimony of a physician who worked for the medical board and enthusiastically wanted to testify on this author’s behalf. This Soviet style review had all its elements in favor of the Board of Physicians yet the administrative judge still found in the most part for this physician. He went so far as disregarding the testimony and report of one of the state appointed physicians and submerged most of the 2nd physicians report and testimony. The Board in a very vindictive and baseless manner reversed the court’s findings even though they had not heard the case which involved over four days of hearings before a reviewing judge who they requested. The judicial system treats physicians like dirt, especially the Appellate division. These courts are very friendly to Maryland administrative authorities because they are paid by the same pocket. A recent article entitled “Maryland Board of Physicians: corruption or business as usual” provides more details of the events at the Appellate level. You might as well be in China or Russia because Maryland does not believe in justice. This State only knows how to take money from the worker and hand it to the deadbeat. Maryland’s Attorney General’s Office debased itself in this case to bring this false action to fruition.  Members of the Board of Physicians knew or should have known the case involving Mark Davis MD was a fraudulent conception from end to end. The Maryland Legislature for the second time has fallen asleep at the wheel when profound fraud is being perpetrated directly under their proverbial noses. To right this wrong the Board should reverse their decision, not follow the Harford Court mandate that they pushed for and apologize to the thousands of patients they have screwed for the second time in four years. In the event any of the media has the cojones to discuss this interesting and vindictive assault on this physician please contact me. To my thousands of patients thank you for your support. platmd@gmail.com Mark Davis MD, President of Healthnets Review Services