Doctors Suing Patients: Singing Like A Bird Singing To Ten Birds - Who Each Sing To Ten More

Once upon a time, while embroiled in litigation with Randolph Hospital, I came across a puff-piece interview (by one of the local litter-liners) with Randolph Hospital CEO, Bob Morrison.

With regards to the hospital's philosophy on customer service, Bob was quoted to say (I'm paraphrasing), "One happy patient will tell one other person . . . but an unhappy patient will tell ten . . . and they will tell ten . . . and so on . . . and so on."

In the wake of this post, and this one, and this one, and this one, and especially this one (this unhappy physician & patient is telling her story to a whole lot more than 10 people), I expect certain heads in Asheboro & Greensboro . . . especially at Randolph Hospital (if StatCounter is any indication) are spinning & spewing . . . and wanting their revenge.

I expect the folks at Cone Hospital are not really happy with me either.

On the other hand, a reader (one of my Dave's Mtn neighbors) shared his thoughts after digesting the Irwin post, and I appreciated it very much:

I kept this up on my screen at work yesterday as it took me most of the day to read bouncing back and forth from work to this. It was addicting and difficult to simply stop reading as it progressed. I did not want to miss a thing and you I must say painted pretty good picture with much clarity with a lot of diplomacy. I could tell you were really cutting loose at times and the brakes were occasionally difficult to apply but, being the professional you are..... your integrity prevailed.

A number of family & friends have expressed concern at how far I've stuck my neck out with the blogging. Some are worried about push-back from the N.C. Medical Board (as I've lately done a lot of biting the hand that licenses). Others are worried that the First Amendment will not really serve to protect my personal opinions (born of being thrown under the ambulance) about some of the prominent players in this never-ending medico-legal cluster-screw.

And I actually do think that at least a few of the named names & agencies . . . from Asheboro to Raleigh to DC . . . are wracking their small/vindictive brains trying to figure out what new nasty/petty/evil thing they might legally do that could intimidate the "disruptive" Mary Johnson back into silence and bury-for-good what happened in Asheboro eleven years ago.

On that note, and with Bob's clearly-plagiarized quote in mind, I refer the Housecall's reader (and anyone who might be plotting against my person) to this N&O story . . . one I have been following for several days . . . and have commented on three times.

A Georgia-based dental practice with three offices in Wake County has filed a defamation lawsuit against a Cary woman after she spoke about her bad experience with the practice to The News & Observer.

Excepting that this woman was an unhappy patient blown off after reporting badness through appropriate channels . . . and I was an unhappy doctor blown off after reporting badness through appropriate channels . . . this situation hit very close to home. This woman was sued after she filed complaints with the N.C. Dental Society & N.C. Dental Board. I was sued for by Randolph Hospital . . . after filing a formal CONFIDENTIAL complaint about my experience in public service at RMA to US&NCDHHS, the N.C. Medical Board and JCAHO.

I feel for this woman. Getting sued for "libel" was the most awful, horrible thing I've ever been through. For it was not about what I do, it's about what I am.

But ultimately "the boys" at Randolph could not run fast enough from their despicable SLAPP suit.

Who'da thunk that some silly girls in Asheboro's medical community had the backbone?

Filing the "libel" lawsuit was, quite simply, the stupidest thing Randolph Hospital ever did. Nothing fuels my fire more than being sued by a bunch of liars for telling the truth . . . having it splattered all over the front pages of two newspapers (in full view of my horrified/humiliated parents) . . . and later being swindled out of just restitution after the liars lied in their own discovery responses!

Moreover, as we've established, there are several "professionals" in Asheboro that I could have sued for libel and slander (the real kind) way back when . . . but I didn't.

It simply wasn't done.

Until, of course, Randolph did it to me. To shut me up.

In the case of the Georgia dental practice, because a lawsuit has been filed (I must say, providing even more incentive for me to sue the Medical Board/NC & USDHHS for negligence) the N&O is running with the story:

The article recounted DeWalle's first visit in January to the Spelios and Associates office in Cary. The visit led to a complaint she filed March 5 with the N.C. Dental Society. The Spelios dentist told her she had gingivitis and severe tartar buildup and would need a full mouth debridement before routine cleaning, DeWalle said in the complaint. Debridement refers to the removal of plaque and calculus that have accumulated on the teeth. The treatment would have cost DeWalle $400.

Instead, DeWalle found a new dentist, who said she did not need a debridement, she said in the complaint.

DeWalle filed the complaint with the dental society because it conducts mediation between patients and dentists. DeWalle wanted Spelios to reverse charges on her insurance for X-rays and a new patient exam, she said.

A few weeks later, DeWalle also filed a complaint with the N.C. State Board of Dental Examiners, which is affiliated with the state Attorney General's Office and oversees dentist licenses. According to Bobby White, the board's chief operations officer, the board investigates every complaint it receives.

The board sent letters to Spelios' headquarters in Alpharetta, Ga., as well as its Cary office, asking the dentists to provide a written response addressing DeWalle's specific complaints within 30 days, according to a letter written by the board's assistant director of investigations.

The board's letters are dated April 9. Spelios filed the lawsuit against DeWalle a week later.

Since The News & Observer wrote about DeWalle, about 15 readers have sent e-mail messages or called to describe their experiences at Spelios practices.

Last week, The N&O contacted a handful of those people for a follow-up article, and they agreed to speak.

The article goes on to let some of those people speak. In addition to that, there are over 130 comments on the story . . . including three (so far) from me.

Comment number one:

I've followed this thread for several days. I find it interesting that so many people put so much faith in the N.C. legal system uncover the truth - and in our Dental/Medical Boards to always act strictly and firmly against unethical behavior.

I am a Pediatrician formerly in public service in my hometown of Asheboro - fired by the hospital eleven years ago - because I defied threats to intervene to help a critically-infant being mis-managed by someone else. I sued the practice. The hospital counter-sued me for "libel" - ultimately unsuccessfully - when I complained about what happened to US/NCDHHS, the Medical Board and JCAHO. It's called a SLAPP suit.

I've been blogging about my horrible experience in the justice system for over four years. The story has been buried. I can't link the blog (the N&O would delete my comment), but Google my name and you should be able to pull up it up. Then read my April 28th post & tell me that the system works. It doesn't.

We move on to comment number two (still amazed at the fundamentally naive free-legal being given out on the thread . . . and speaking directly to Bob Morrison's observation):

Lawless, methinks that Crabshack puts WAY too much faith in the disciplinary arms of the N.C. Dental and Medical Boards.

Dentists and doctors are well-versed in the wink & nod - and not being immediately available to comment. It's called the "White Wall".

Mark my words, Spelios using the legal system as a battering ram against an unhappy patient . . . as a misguided attempt to intimidate them into silence . . . WILL backfire.

Just ask Randolph Hospital (in Asheboro) how their little "libel" lawsuit against me worked out . . . especially now that I have them on perjury (no statute of limitations), contempt and fraud (not that anyone in the US or NC Attorney Generals' offices care).

That hospital has ZERO credibility in Court now.

More angry/disgruntled patients are going to read about this case . . . and talk to one another . . . and to lawyers . . . and this can-o-worms is going to spill over into a mess the CEO of Spelios will regret opening.

Comment number three (pushing back against some push-back . . . ala, I'm only in this for the money . . . an oldie-but-goodie deflection tactic once used by people who were clearly only in it for the money . . . if you have any questions about that . . . look it up):

Crabshack, methinks you need to climb off your high horse & get a clue. My hometown practice was decimated - my reputation torn to shreds by liars & thieves. It takes money to pick up & rebuild a shattered life. At this point, we're talking about eleven years of mine.

You need not wonder. Even if my case suddenly got the attention it deserves from the US or NC Attorney General's office - there would be NO no compensatory deals without an apology and without someone pleading guilty to something.

It's simply not about the money. It's about right and wrong. It's about the hell I've been through - and what my parents had to endure/watch. It's about the patients who lost a good doctor and the colleagues who gave up and left town.

The problem is that the ONLY LANGUAGE the fine, upstanding "non-profit" executives understand is MONEY.

This case is going to bite the dentists in the butt, AND IT SHOULD.

There will probably be more commentary (as I have stepped on "Crabshack's" learned toes - reminds me of Sam), but you get the drift.

I'm fairly certain someone somewhere out there would love to sue me (again). But at this point, I'd almost invite it because given my established presence in the blogopshere, it probably would finally generate the news coverage that this sad/sorry example of medical-regulation-gone-horribly-wrong has been screaming for since pretty much day one . . .

. . . news coverage that has been less-than-even-handed or completely lacking in deference to "the right people".

I played by ALL the rules and jumped through ALL the hoops. They don't work.

And over the last ELEVEN YEARS, it apparently has NEVER EVER occurred to ANYONE directly involved in (or "over-seeing") the professional rape of Dr. Mary Johnson that maybe someone ought to sit down and talk to her/treat her like she's a human being (given that no one EVER did) . . . and perhaps do something to fix what went wrong . . . and take steps to plug the black holes she fell through.

Of course, it's my humble opinion that what went wrong are two greedy control-freak executives who need to be fired and prosecuted for multiple felonies.

From RMA & Randolph Hospital's executive offices to its Medical Executive Staff to the Board Room to the Medical Board and JCAHO and US/NCDHHS to the State Bar to to the US&NC Attorneys General, Dr. Mary Johnson seems to have fallen through a whole lot of gaping cracks in medical & legal oversight. As for the North Carolina Legislature, it seems to be more pre-occupied with coercing doctors to kill people than protecting physicians - and their patients - from harm.

And please don't get me started on self-absorbed politicians (or their equally self-absorbed wives) who knew/know it all, and promised to advocate for ordinary people and save healthcare for the masses who don't live in 28,000 square foot homes (Oprah will take you on a tour).

I've endured my own medical professional 9/11 because nobody anywhere talks to anyone. No one cooperates. No one refers to other jursidictions. All of these bodies and agencies are afflicted with the worst case of 20/200 tunnel vision I've ever seen.

And/so I'm here in the blogosphere singing like a bird that's been locked up in a cage for over a decade.

I suppose this post is offered up as fair warning to those who did me wrong who might wish me ill - or try to do me wrong again - for talking about it. Those who do not learn from the past, are doomed to repeat it. If I am provoked further, I will not shrink or cower in fear (my mistake the first time). I promise you that I will go all Hitchcockian . . . and I will sing louder and even more songs. For I am done being your scapegoat and punching bag.

(No quarter, LNB. I stand with you against the crooks and liars.)

Then perhaps 10 more unhappy birds will flock to my song . . . and they will sing to 10 more . . . and so on . . . and so on.

It's Bob's own theory. At this point, it kinda sounds kinda like a class action;)

And on that note, we shall shortly begin hearing the kind words of a number of Dr. Mary Johnson's parents . . . who all together did not equal the vitriol spewed by one local VIP dentist (Cheryl Freeman).

As I close, and still pondering Bob's pilfered theory of medical marketing, I wonder how loudly the parents of Dr. Irwin's patient (Gaccione's patient) would have sang, if their daughter had died because of what Randolph Hospital did to me?

5/11/09 Update:

Went a few more rounds with "CrabShack" in the commentary on the N&O's story . . . it included an admonition that the "burden-of-proof" hurdles on a "slander" or "libel" claim in the U.S. are VERY HIGH . . . for the plaintiff.

And since someone from the Spelios dental firm appears to be checking me out now . . . I thought I'd update the story (note to the dental firm . . . please see the disclaimer in my header . . . this blog expresses my opinion . . . which in this country I'm allowed to have . . . and I think your lawsuit is a really bad idea).

This is the original "Trouble-Shooter" story that put Lorna DeWalle in Spelios' sights.

And this is a "Trouble-Shooter" update. Lorna DeWalle has obtained pro-bono legal representation. A response to the Spelios suit has already been filed.

"Everything said or written by the defendant was a fair comment by a consumer about a professional licensed by the state of North Carolina and therefore cannot be the basis of a claim of libel or slander," the response said.

As I admonished Crabshack a few days back, it's "fair" if what Ms. Dewalle is alleging is true - or she believes it to be true (an absolute defense) based on the evidence she has. On the other hand . . .

Something can be "defamatory" yet be TRUE. But when it comes to a "libel" or "slander" claim in this country (as opposed to Iran), TRUTH IS ABSOLUTE PROTECTION in a court of law. Moreover, in order for Spelios to prevail, THEY will have to PROVE that Ms. Dewalle (who in this country is entitled to her opinion) KNOWINGLY said/something that was FALSE, did it with MALICE, & that Spelios suffered damages SOLELY from the specific act (as opposed to their own business practices/behavior). It's a fairly high hurdle.

Based on my own experience with a "disgruntled" parent (ironically, a dentist), I think licensed professionals should have some recourse when they suffer real/significant damages because of a patient's FALSE claims (in my case, the parent was a licensed professional who should have known better). Just pointing a finger (especially anonymously) should not cut it. As I've said before, medical witch-hunts are so 1692.

However, until we see some genuine healthcare reform, the civil Courts are a piss-poor place find that recourse.

Ultimately, I decided not to sue several people who richly deserved it. And I took a much bigger wound to the chest than Spelios ever will . . . from what I believe to be the earnest allegations of Lorna DeWalle.