Given the e-mail I sent to the NCMB's legal department this past week, receiving a notice from the Board in my Inbox yesterday afternoon (announcing the publication of the Medical Board's latest issue of its "Forum" newsletter) was especially timely . . .
. . . and self-serving.
In that newsletter was another "President's Message" penned by Dr. Saunders (I took him to task over the last one), entitled, "Protecting Patients, We're All In This Together".
By the end of the third paragraph, I was ready to demolish the poor defenseless computer screen in the tiny office of the rural clinic where I currently spend several afternoons a week. To protect said computer (as the clinic has limited resources to replace equipment), I printed out the article, and, between patients, began drafting this post on a legal pad. I was writing so fast that my normally very-easy-to-read print was illegible.
We're now going to take on Dr. Saunder's epistle, a paragraph or so at a time. He'll be in blue/italic. I'll be in black (and occasionally, red). Fair warning: I'm not gonna hold back.
Some think of the North Carolina Medical Board as as all-knowing organization with superhuman powers. For example, at a recent physician gathering, I was asked why the Board doesn't make health insurance companies pay doctors their full fees. If only the Board had such authority!
That was good for a lunch-time Coca-Cola sinus wash, Dr. Saunders. Superhuman powers are something that I've never attributed to the North Carolina Medical Board. But superhuman connections are another thing entirely. You-all are a bunch of well-connected political appointees that are where you are because you breathe someone important's rarefied air.
And if you were really asked that question (about insurance) by a physician, then there are clearly some much more gullible doctors out there than I was eleven years ago.
I just thought "non-profits" in North Carolina answered to somebody . . . and that physicians in state & federal public service would be protected and defended by the long arm of the government they served.
Silly me.
The truth is that the North Carolina Medical Board has virtually no direct influence over the day-to-day workings of medical practice. Nor does the Board have direct influence over hospitals, insurance companies, medical liability insurers or most health organizations.
The Board has direct authority over its licensees - no one else. The Board has the power to issue or deny a license and to discipline its licensees. Period.
I am sorry, Dr. Saunders. That's just a cop-out.
The NCMB does not have DIRECT influence over any of these organizations or entities BECAUSE it has not gotten off its ivory-tower-dead-ass and done ANYTHING to GET that direct influence . . . legislatively, legally or otherwise.
You've sat back and done a whole lot of nothing as the profession's soul was sold out from under it.
And I have to wonder, if this Medical Board, and all of the other Medical Boards in this nation had done something other than accept the status quo during the sale, we would now have so much about healthcare to "reform"?
The North Carolina Medical Board, until very recently, was positively gifted at the see/do/hear no evil act. And even now, when the Board makes ethical stands (that I actually agree with), it actually has the effect of stalling executions for convicted murders & rapists . . . as opposed to really standing up for doctors - or patients.
The North Carolina Medical Board is only about a quarter-century BEHIND the times in terms of making sure that all of those other entities/organizations you listed cannot DIRECTLY INTERFERE with the physician's absolute primary obligation to serve the patient FIRST.
The Board is supposedly composed of the most influential doctors in the state - doctors who can pick up the phone and make the calls and get things done.
From my view as a lowly soldier in a fox-hole on the front lines, what have you been doing in that ivory tower?
In discharging these duties, the Board, like any other regulatory agency, must make the best use of finite resources. We maintain a full-time staff of investigators and a complaint department, but we also rely on you, our licenses, as well as the public, pharmacists, nurses and other medical professionals to tell us when something is wrong. We have 10 investigators and four complaint representatives in a state with 100 counties. You do the math.
We'll do some math in a bit. But I gotta say, with this clap-trap you are actually offering the same sad, sorry, pathetic, excuse that our federal intelligence agencies did in the aftermath of 9/11. Everybody had their turfs and fiefdoms and finite resources . . . no one communicated or cooperated or shared information or made recommendations . . . and thousands of American paid with their lives.
And Dr. Saunders, I really loved the line about "DIRECT AUTHORITY". You sound like one of the lawyers that actually runs the Board.
Did Thomas Mansfield do your draft?
Once again, my case against Randolph Hospital serves as a PERFECT example of how fundamentally WEAK that "we don't have jurisdiction and cannot pick up the phone/make a recommendation" argument is. I was crap-canned by a trio of overpaid, greedy, sexist, medically-clueless healthcare executives - because I ignored their directives & threats and put a baby's life before another doctor's ego and my own self-preservation.
Idealistic and naive, I assumed (incorrectly) that I would find sanctuary and protection in the ethical canons and position statements of the NCMB . . . as the Board was created by the legislature of the great state of North Carolina to oversee the practice of medicine . . . and to protect its citizens from bad medicine.
That sanctuary was not there. In fact, the Medical Board HELPED perpetuate the cover-up.
To add insult to injury, when I turned to the North Carolina Courts for "justice" . . . pretty much all by my lonesome . . . I was swindled.
Once again, one would assume that the state of North Carolina would protect the duties that it requires of physicians. One would also assume that hospitals retaliating against doctors for doing their jobs (what those doctors are expected and required by the Board to do) would be held accountable.
One would be wrong.
The fact IS that the state of North Carolina does not, in ANY WAY protect or defend doctors who are targeted by hospitals (or any of those other entities you have no jurisdiction over) for doing the right thing. And I am sorry, Dr. Saunders, in the year-of-our-Lord 2009 . . . in this era of doctor shortages and healthcare reform . . . that fundamental failure is purely & simply GROSS NEGLIGENCE.
I want to discuss two cases to illustrate a point. These two examples both involve surgeons, but similar cases are found in all specialties.
Case No. 1: A respected surgeon leaves academia for private practice. A single report of substandard care by this surgeon arrives at the Medical Board. It is one of more than 250 patient complaints received that month. Over the next few months several more cases about the same surgeon come to light. The investigation of the surgeon is fast-tracked. But as complainants are interviewed and cases are sent out by the Board for expert medical review, the story breaks in a local newspaper, and that story is picked up by several media outlets across the region. A dozen malpractice claims are filed against the physician in the space of a few months. Meanwhile the Board’s investigation continues, though neither the press nor the public is aware of it as investigations are confidential under North Carolina law. End result: the Board is roundly criticized for failing to protect the public.
First, I REALLY, REALLY WISH I lived in a town that had newspapers whose publishers & editors did not have their noses buried so far up the local hospitals' (plural) "economic development" butts that they could SEE a story under their nose . . . a story about a home-grown physician in public service professionally BRUTALIZED by a "non-profit" hospital for blowing the whistle on bad care.
After well over four years in the blogosphere being ridiculed and marginalized by blogger-kings that happen to have the same last name as one of the hospitals involved (the hospital that always get its way and the free ads-as-news), those newspapers still don't think the story is "relevant" to anything.
It's not like the "see no evil" act these so-called local journalists have adopted has really worked to preserve or protect anything.
And the Courier can't figure out why the town is dying.
The Board's investigations are confidential by law you say? That is NOT what Mr. Mansfield told me when I filed a second complaint against Dr. Mick Irwin for releasing documents I authored specifically for Medical Board review to Bob Morrison & Steven Eblin . . . documents they, in turn, released to discovery.
In fact, Mr. Mansfield told me that Dr. Irwin could do whatever he wanted with materials I submitted to the Board.
That was not my impression when I submitted the original complaint. But that's okay. The Board's decision gave me leave to finally blog all about it.
Case No. 2: A surgeon develops a niche performing bariatric surgery (surgery for drastic weight reduction). The surgeon has poor outcomes, which eventually lead to the suspension of some of the surgeon’s hospital privileges. Lawsuits number in the dozens. A number of patients get one surgery even though they gave informed consent for another. Again, the story is widely covered by regional media. Once again, the Medical Board is castigated for allowing the surgeon’s conduct to go on for far too long.
These two cases led to intense self-examination by the Board, which turned a critical eye towards improving its internal practices. Your Board learned from the above experiences, among others. And it made significant changes to its policies that have helped reduce procedural delays that slow down the final resolution of any of the literally hundreds of open disciplinary cases the Board is managing at one time.
Just these two cases, Dr. Saunders? What about this lawsuit filed by Dr. John Faulkner in 2007 . . . alleging that the Medical Board was a willing tool of the Medical Society? Or the heart-breaking case of Maggy Lewis (who did not get her answers despite changing a law)?
What about this case (another one I reported to the Board - in which an OB literally ripped a baby out of its primagravida Mother's womb with a vacuum extractor - inflicting horrific injuries upon the newborn, and it took the Board two years - and at least one more dead baby - to stop him)?
It was just one more instance in which I stuck my neck WAY, WAY out for a child . . . a HISPANIC child . . . for all that once-upon-a-time Dr. Kathleen Riley of RMA Pediatrics did her level best to paint me as a racist . . . and the boys at Randolph ate it up as they trumped up excuses to kick me to the curb.
And what about that sad/sorry cover-up the Board orchestrated in the Mel Levine case? The Medical Board was the ONE entity that had the BEST chance of finding and revealing the truth - good, bad or ugly. Mel Levine should have faced his accusers in one of your hearing rooms. And his accusers should have taken the stand and had their heinous accusations vetted. WHAT were you-all thinking when you took that dive?
You see, Dr. Saunders, despite the erudite notions of progressive bloggers like Ed Cone or Roch Smith Jr. or Sue Polinski, it's NOT just about me. It's NEVER been only or all about me.
However, in the cases cited above and in too many other cases, hospitals, individual medical practitioners or other medical professionals were aware of problems that put the public at risk long before those problems came to the Board’s attention.
Well, no duh. That would just be the entire medical staff at Randolph Hospital. You know, if you want to take a cue from the hospital's current ad campaign and look at what goes on "inside", I just keep going back to the FACT that Randolph Hospital kept a certain ex-Chief of Obstetrics on staff KNOWING what he had done (that would be aborting his own child) . . . but left no stone unturned in terms of mercilessly drumming a Pediatrician off staff for saving a baby's life.
That's what went on inside. Trust that.
And the argument now seems to be that the Pediatrician should not be the least bit ANGRY or bitter about that!?! Oh, and she's "self-centered" or "obsessed" because she fought for herself and she's refused to give up . . . or accept the status quo as the way medicine (and law) has to be.
Well, tell me, Dr. Saunders. WHO ELSE was going to fight for me? The Medical Board? JCAHO (another organization with the "see no real evil" act down)? The government agencies I served? The District Attorney? Local politicians/former House Speakers who just have to live in this town? State Senators-turned Presidential candidates with agendas? Their angry scorned wives who sit on healthcare think-tanks? Newspaper editors & publishers who sold their souls to the highest bidder long ago? New governors? Commerce Secretaries? Presidents whose notions of change and public service are as stale as Hillary's village?
Sometimes, information fails to get to the Board because of a breakdown in systems intended to report possible misconduct. For example, in both of the examples cited earlier, hospitals failed to report changes in staff privileges (CISP) to the Board as required by North Carolina law. The Board suspects underreporting of these actions by hospitals is a chronic problem, judging by the very small number of reports made each year. Last year, for example, the Board received just 14. Hospital CISP reports are an important source of information to the Board, which reviews each one thoroughly. Often, the Board̢۪s review determines there is no cause of action, but sometimes a CISP report identifies poor care or other issues that warrant investigation and, in some cases, discipline.
Oh come on Dr. Saunders. The Medical Board really expect hospitals to report badness? Now who is being naive? Under-reporting of what JCAHO calls "sentinel events" is a surprise to you (where were they when I reported mine)? And what exactly has the Medical Board done about those systemic "breakdowns"?
While we're at it, what has the Board done but blithely swallow the "disruptive physician" garbage that JCAHO spews . . . without DEMANDING a closer examination of what outside factors might be playing into the making of a "disruptive physician"? Could it be that this oftentimes bogus "diagnosis" only serves the agenda of those entities and organizations the Board has no jurisdiction over?
More often, the Board finds that physicians and other medical professionals know about substandard care or other issues but say nothing until problems snowball and patients are harmed or even killed. Worse, sometimes physicians and others may say nothing even when a situation is out of control. I know this because the Board sometimes hears through the grapevine—often after the Board has taken public disciplinary action—that local doctors had been fixing mistakes or steering their patients away from a problem practitioner for years.
You say you know about these situations because the Board hears about them through the grapevine? Well, Dr. Saunders, I know because I've been there and seen that. I'm a fairly well-connected grape. More than once, I've left assignments rather than play the game. And I would rather not blog about it. My focus with this blog (despite what the suits in Lexington thought) has always been what happened in Asheboro.
But if I have to spend one more dime on a lawyer to get the state of North Carolina and/or Federal government to MOVE on my case and these issues, that's a different story.
Most medical professionals are not comfortable in the role of whistleblower. None of us wants to be the cause of a colleague losing his or her medical license. It may surprise some of you to know that the Board believes its licensees have an obligation to report incompetence or misconduct to the appropriate authority, whether that authority is the Medical Board or not (the full position statement appears at the end of this article).
I am well aware of the Board's beliefs about the OBLIGATION to report incompetence or misconduct. BUT WHAT HAS THE BOARD DONE TO PROTECT THOSE WHO FULFILL THAT OBLIGATION?
WHAT DID THE N.C. MEDICAL BOARD DO TO PROTECT DR. MARY JOHNSON?
Cuz I gotta say, Dr. Saunders, I was DEFINITELY UNCOMFORTABLE in the role of whistleblower in Asheboro . . . first because Randolph Hospital told me I would be fired for cause if I opened my mouth even one more time about the garbage that was going on around me . . . and later because my life and practice in my own hometown were systematically destroyed for defying the threats & puckering up to whistle.
While the Board prefers to receive tips and complaints from sources who reveal their identities, it is also willing to accept written anonymous complaints.
Dr. Saunders, the Medical Board should NOT be willing to accept anonymous complaints at all.
The Medical Board should instead be in the legislature's face about protecting medical whistle-blowers who sign their names.
You see, it's America. Even doctors have constitutional rights. That pesky little thing called "due process" means you have the right to face your accuser . . . not swat at nameless/faceless shadows in the dark.
Every time I hear President Obama pontificate over the rights of terrorists at Gitmo . . . and this country not compromising its basic fundamental values . . . I want to hurl. Because FOR YEARS, this country has looked the other way while good doctors were destroyed by bad faith peer review . . . and the hospitals doing it were fully legally immunized.
I've said it before and I'll say it again, witch-hunts are so 1692.
It is important for physicians and other practitioners to understand that just a small fraction of the disciplinary actions taken by the Board in a given year result in the loss of license (see the “Year in Review” feature on pages 10-11). Depending on the circumstances of the case, it’s often possible to avoid even a public disciplinary record.
Don't I know it! My life & career were irrevocably altered for saving a baby's life. The Medical Board did not so much as blink. Mick Irwin, the doctor whose arrogance and ignorance nearly cost the child her life, went on to be Chief of Staff at Randolph Hospital.
He was barely slapped on the hand.
No public file.
The Board can and frequently does use a range of non-public methods intended to evaluate and, where appropriate, remediate physicians who exhibit troubling behavior. These methods include calling licensees in for a private sit-down with members of the Board (this is known as an informal interview) during which issues of concern are discussed. Frequently, based on information gathered during such interviews, the Board may mandate education or training, refer licensees for physicals or skills assessments, or order a physician to the NC Physicians Health Program or other useful resources.
This week I asked for a "private sit-down" Dr. Saunders. I want to know when the North Carolina Medical Board is going to start protecting the duties it requires.
It really does seem to me that if the North Carolina Medical Board does not have "DIRECT" jurisdiction over an individual or institution that directly puts a doctor or a patient in harm's way . . . then it should have a red phone/hotline to those agencies/organizations that do . . . and the Medical Board should be able to make strong recommendations that are taken seriously & acted upon by those other jurisdictions.
In short, the Medical Board should have the balls to say . . .
WE WILL NOT TOLERATE ANYONE THREATENING OR RETALIATING AGAINST ONE OF OUR LICENSEES FOR DOING THE JOB THEY ARE SWORN AND BOUND BY LAW TO DO!
PERIOD!!!
And if the Board does not already have that power (in my reading of the Medical Practice Act - even now - I simply don't buy that it doesn't), it's way past the time to go to the legislature and get it!
The earlier the Board becomes involved, the greater the chance is that the matter may be resolved with a relatively minor corrective action. Overlooking a colleague’s obvious incompetence or detrimental behavior serves neither the colleague nor our patients.
Tell me another good one. You talked about "math" earlier in your piece, Dr. Saunders. Let's do some math when it comes to the case of Dr. Mary Johnson vs. Randolph Hospital: I came back home to Asheboro in 1995. In 1998, just weeks after completing my Federal service obligation, 3 years of soul-sucking work building a practice were destroyed in a matter of days. I lost nearly four years to litigation (which included being unsuccessfully SLAPP-sued for "libel"). And it's been over six years since I reported irrefutable evidence of perjury, contempt and fraud to state & Federal authorities - who have done absolutely NOTHING to enforce the law.
That's fourteen years of my life blown to pieces against "The White Wall", Dr. Saunders. Sure, I've been able to practice, and I've had a unique & varied experience (that I've done my best to put a happy face on). But it is not at all the life I worked for and wanted and DESERVED.
I mean, my God, Dr. Saunders! The professional mauling & humiliation unfolded in full view of my parents and friends in the place where I was raised. I BEGGED for the Medical Board's help!
WHERE were you?
So if you or Thomas Mansfield think, for one second, that I am going to let the North Carolina Medical Board - or the U.S. & N.C. Departments of Health & Human Services - or JCAHO - off the hook for your collective, determined, methodical, beyond-cruel apathy and neglect, YOU ARE BEYOND MISTAKEN.
Two things we must always keep in mind. Physicians serve their patients first. Second, if we are to maintain the privilege of self-regulation in North Carolina, we must regulate effectively, fairly and objectively. The Board needs its licensees to step up to the plate as partners if we are to be successful.
I served a patient first, Dr. Saunders. And I lost nearly everything I held dear. So I'll tell you what I need. I need the N.C. Medical Board and the N.C. Attorney General and the U.S. Attorney's office to step up to the plate AND DO THEIR DAMNED JOBS!!! Because when it came to protecting a tiny, critically-ill newborn patient in the middle of the night in January 1998, WE were most certainly not all in it together.
I was totally and utterly alone.
In closing, Dr. Saunders, my "problems" . . . the ones that Mr. Mansfield literally sneered he could not help me with before . . . EXIST because the North Carolina Medical Board did not/does not protect the duties it requires.
It's your problem too.
And I am prepared to go to WAR in order to fix it if that's what it takes.
Mr. Mansfield needs to schedule that meeting.
And when we meet, Mr. Mansfield needs to have a plan of action to rectify the situation that does NOT include telling me that I'm "crazy", "disruptive", or need to get over it and move on.
I'm done with that.
Saturday Evening Update: The News & Observer reported this morning on the retrial & sentencing of two Cherry hospital orderlies who were found guilty of severely beating a bipolar patient in a hospital breezeway. Two "temp" orderlies (both women) reported them . . . despite being threatened by the men with retaliation.
Before last year, the two men would have likely faced no criminal charges for the beating. But after a series of N&O stories, special prosecutors were assigned to handle abuse cases from state hospitals.
Two lines from the story caught my eye. They underscore and accentuate the problem that medical whistle-blowers in North Carolina face.
"Because local district attorneys were often hesitant to prosecute, fewer employees were ever tried and convicted."
"Attorney General Roy Cooper issued a statement saying his office would continue to pursue state hospital employees who abuse those in their care."
As the President of the N.C. Medical Board admited in his "message", one of the biggest problems we have in medicine right now is that hospitals . . . all hospitals, not just "state" hospitals . . . under-report badness.
And my story-of-woe in Asheboro resoundingly demonstrates that medical whistleblowers are not protected. The state of North Carolina just does not care. Neither does the Federal government.
I am very familiar with local district attorneys who bury ugly/embarrassing cases having to do with the goings-on at their local hospital . . . as well as our Attorney General determinedly burying his head in the sand when it comes to doing anything about what happens in a hospital . . . particularly "non-profit" institutions - that enjoy all manner of public assistance - yet somehow suffer little or no real scrutiny of what goes on inside (yes, boys & girls, that was another shot at Randolph's latest ad campaign).
HUMMMMMMM. LET ME THINK ABOUT THAT A MINUTE. A SPECIAL PROSECUTOR ASSIGNED TO A CASE INVOLVING A "NON-PROFIT" THAT A LOCAL DA IS TOO MUCH OF A TOOL (OR JUST PLAIN CHICKEN) TO PURSUE. WHAT A NOVEL CONCEPT!!!
Roy Cooper narrowing his focus only to what goes on at state hospitals seems to me to be a HUGE cop-out. What's he running for?
Medical badness is NOT confined to state hospitals, nor is it confined to lowly orderlies pummeling patients.
Some of the criminals are very well-paid, wear suits, and use the law as their weapon of choice . . . hiding behind confidentiality, privilege & privacy . . .
. . . and their friends in Raleigh (one of Bob's was back in town on Friday - we in Asheboro remember Keith very well)
