But we've simply got to have a bill for Christmas. That's what's important.
As a physician, my frustration, exasperation and abject disgust for our so-called leaders knows no bounds. This isn't change. This is more of the same. And it's only going to make things worse.
The following is the text of a letter being sent this week to the N.C. Medical Board, JCAHO, the NC Department of Health and Human Services, the National Health Services Corps, the N.C. State Bar, and the North Carolina Attorney General's office.
Copies will also be sent to the IRS and U.S. Attorney's office - on the off chance that anyone in the Obama administration is concerned about actual citizens of the United States (as opposed to terrorists) being treated fairly by the justice system. Of course, I'm not holding my breath.
21 December, 2009
Thomas Mansfield
Director, Legal Department
North Carolina Medical Board
P.O. Box 20007
Raleigh, N.C. 27619-0007
Mr. Mansfield,
This past June, prompted by an article in the NCMB “Forum”, penned by NCMB President George Saunders which emphasized the duty of physicians in this state to report bad or inadequate care, I came to Raleigh to meet with you and Dr. Saunders.
The purpose of the meeting was to discuss my experience in Asheboro, and the allegations of criminal misconduct I’ve since lodged against Randolph Hospital senior executives, Bob Morrison and Steven Eblin . . . an on-going situation the Medical Board has been aware of since August of 1998 (when I first felt “safe” in reporting it) . . . a situation the Board/Medical Society has DONE NOTHING to rectify.
The purpose of this letter is not to reiterate the details of what happened. As the Medical Board well knows, I’ve been blogging about my experience in Asheboro since 2005. Numerous links on the sidebar of my blog, “Dr. J’s Housecalls” (http://www.drjshousecalls.blogspot.com/) tell the story.
It was my hope that our meeting might finally prompt strong action on the part of the Medical Board to (1) encourage the N.C. and/or U.S. Attorney General’s offices to take action that might address/resolve my situation specifically, and (2) encourage the N.C. legislature to amend the N.C. Medical Practice Act in a fashion that lends adequate protection to medical whistle-blowers (in other words, to protect the duties that the Board/state requires).
It would seem to me that with all of the horrible things that have been in the news about the less-than-stellar care provided in some of North Carolina's hospitals (particularly the mental hospitals it administrates), protecting professionals who might report/stop such things would be something very sensible and important to do.
After our meeting, I waited for months and nothing happened. It was only immediately after I became the target of a vicious cyber-attack by Greensboro-area blogger, Jeff Martin (he was arrested and the case is scheduled to be heard in February), that the Medical Board managed to put me in contact with a special prosecutor at the North Carolina Attorney General's office.During the cyber-attack on the evening of November 13th (in a fit of infantile snit over a disagreement we'd had on a blog), Mr. Martin typed my home address (which is also my corporate address - ergo published on the NCMB‘s website) into the header of a series of 27 e-mails he hurled into my Inbox over an approximate hour’s time. The clear implication was that he knew where I lived, and could do me harm. He also threatened to "call it in" that I was “crazy“.
As this is a modus operandi I've actually seen Medical Boards and hospitals use successfully against whistle-blowing physicians (indeed, I've heard from several such physicians/nurses since the cyber-stalking case became public), the e-mails literally sent chills down my spine. That very night, I sent an e-mail to the NCMB advising them of what was going on.
The Monday morning after the cyber-attack, Judie Clark of your Complaint Department, told me that if Mr. Martin did send in a complaint, I would be given the opportunity to review and respond to it.
In other words, the North Carolina Medical Board would treat the complaint of someone I’ve NEVER seen as a patient - someone behaving criminally - as the REAL deal!?!
And I've got to say, that was just PAR for the course with this Medical Board . . . ever since, as a young and very naive physician-in-public-service, I reported what JCAHO calls a "sentinel event" eleven years ago.
Ms. Clark's response was unacceptable and pretty much the LAST straw. After a hellish weekend, I'd had enough. Ms. Clark was advised, in no uncertain terms, that this licensee was not going to play on those terms.
Within minutes, Jean Fisher-Brinkley was suddenly in my Inbox giving me the phone number of a lawyer at the NCAG's office, Bill Hart, and billing it as “good news”.
It took several more e-mails for you to explain exactly why I was calling Mr. Hart . . . (to use your own words) “a high-level attorney in the appropriate section of the AG’s office, Special Prosecutions. He is a very capable and experienced member of that office and has worked on many well known cases“.
The opportunity to make this call and speak to Mr. Hart was billed as a positive development, and I was given the clear impression that the North Carolina Attorney General’s office had finally been persuaded to intervene. But when Mr. Hart and I finally did connect . . . over the phone, because (once again) I was not worthy of a face-to-face appointment . . . all I got was more of the same sad/sorry/unacceptable dodge I‘ve heard for six years.
As was the case with the Duke rape case, Mr. Hart reiterated the party line: The NCAG cannot intervene without being asked to do so by Randolph County District Attorney, Garland Yates.
And, as you well know, Mr. Yates has stone-walled my requests to refer this case to the SBI for a full and proper investigation since 2003. Right and wrong do not matter. Medical ethics do not matter. The law does not matter. Small town values are a bust. Yates continues to pander to “the right people” in Asheboro . . . many of whom have served on Randolph Hospital’s Board of Directors or Corporate Membership, and ignorantly rubber-stamped everything their senior executives did.
Some of them are apparently now cozying up to Jeff Martin.
It’s been bad enough being swatted all over the justice system for well over a decade . . . not to mention the blogosphere for nearly five years . . . because I will not accept what was done to me as the way things are. But Jeff Martin and his new "friends" obviously feel very empowered by the State of North Carolina refusing to take my back (after being fired for saving a baby’s life) . . . or to prosecute two “non-profit executives who, when dragged to a North Carolina Courtroom to answer for what they did, lied repeatedly under Oath in order to perpetuate a fraud and get out on the cheap.
What many supposedly intelligent/enlightened/"progressive" people in the blogosphere (who would have expected me to do EXACTLY what I did had it been their child or grandchild . . . and who would have expected the justice system to do right by them) do not get is that whole point of going to Court in 1999 was to be able to be vindicated, come home and re-establish my practice in Asheboro. The money I was defrauded at settlement could have been used to re-build what Randolph Hospital executives so methodically and viciously destroyed (in the "best interests" of their own controlled affiliate).
Now, Garland Yates’ office is handling the cyber-stalking citation. I do not have a lot of reason to be optimistic that justice will be served in this misdemeanor case, given the “habitually intemperate” treatment I’ve gotten from Mr. Yates and his staff when the crimes included MULTIPLE FELONIES on the part of the officers of a “non-profit” institution.
I told Mr. Hart that it is incredible to me that since the resolution of the very high-profile Duke case, his boss, Roy Cooper, has not seen fit to do anything to plug the gaping holes that (1) innocents-wrongly-accused, and (2) victims-inadequately-served can fall through at the mercy of a corrupt or pandering DA.
Moreover, it baffles me that, if it is so concerned about patients and good care, the Medical Board (and JCAHO for that matter) has not insisted that medical whistle-blowers be afforded an easier/quicker path to appropriate special investigators and prosecutors. Knowing that the kinds of things that happened to me happen every day in North Carolina, and that most doctors/nurses do not have the fortitude or the financial/emotional resources to fight back, WHY has the Medical Board sat on its hands for so long?
I also REFUSE to just roll over and accept that the great state of North Carolina has NO mechanism by which it can hold a “non-profit” hospital or its executives accountable for actions that were clearly (1) unethical (i.e. in violation of NCMB mandates), (2) wasted the state and Federal taxpayer‘s money (by literally droving two Pediatricians out of a community to which they were recruited with literally hundreds-of-thousands of DHHS dollars . . . a community where their services were/still are badly needed), and (3) ultimately illegal.
Telling me that that’s the way the Christmas cookie crumbles and “people lie in Court every day” just doesn’t cut it. That’s exactly why this country is in the sad/sorry mess it’s in.
In short, I REFUSE to believe (especially in this era of “accountability“, “transparency” and healthcare “reform”) that the United States and/or North Carolina Governments cannot say to this “non-profit” hospital and its Board of Directors, “What you and your lawyers did to Dr. Mary Johnson is UNACCEPTABLE. If she had cowered to your threats, an innocent child might very well have died. Dr. Johnson did her job/duty. But you people screwed up big-time, and if you don’t fix it right now, we’re going to come after you. You will lose your “non-profit standing. You will lose ALL of your state/Federal funding. And some of you could very well go to jail. Because we are NOT going to tolerate retaliation against physicians for doing their jobs.”
The Attorney General of North Carolina is, in fact, NCDHHS’s lawyer. I asked Mr. Hart to put me in contact with the attorney at the AG’s office who was responsible for the oversight of DHHS programs and/or “non-profit” institutions. He said he would do that.
It’s been several weeks. I’ve heard NOTHING. Apparently I'm back to being ignored.
And the Medical Board's time is up.
I met with you and Dr. Saunders in June because I wanted desperately to avoid filing a lawsuit (having had more-than-enough one-on-one time with lawyers already). The deadline for action that I’ve had in mind all along was Christmas Day 2009.
You see, I decided that if something did not happen to resolve this case this year . . . if my Christmas gift to my 73 year-old Mother (who after thirty years of teaching children in Asheboro certainly deserved a whole lot better than to watch her own daughter’s guts get splattered all over Randolph Hospital’s white walls) could not be to tell her that this long personal/professional nightmare is finally over - and that I’d been fully vindicated . . . then I was going to move forward with litigation against the government agencies and regulatory bodies that FOR ELEVEN YEARS let me swing in the wind (more-or-less all by my lonesome) for doing my job the right way . . . agencies and regulatory bodies that, FOR SIX YEARS, have arrogantly stuck their disinterested noses up in the air after I was swindled by the very Courts I turned to for help/restitution.
One of those bodies is the North Carolina State Bar. They don't care when lawyers poorly serve/lie to their clients . . . or suborn perjury. As I told Mr. Hart, Mike Nifong had to report himself to get busted (most likely after he was suckered into it when the national press attention became too much for Mr. Cooper). But if a judicial candidate wants to blog under the moniker, "Madame Justice", well, that might confuse someone and is a prosecutable offense (another reason Jeff Martin's threats were not something I could just dismiss). Meanwhile, DA's can do whatever they want to and there is NO WAY to hold them accountable in a way that really hurts.
The last few months have made it very, very clear to me that the ONLY way to get anyone in Raleigh or Washington to do what the law says it will do is to hire a lawyer and SUE. Despite all of the noble rhetoric and hyperbole, no one in a position of oversight ever does anything because it’s the right or ethical or moral thing to do.
Moreover, it seems that many of the people I was pleading my case to (particularly in North Carolina) were CROOKS themselves.
The purpose of this letter is to let you (and your future co-defendants - who are being copied this correspondence) know what is coming. I want ALL of you to see it coming.
During the course of any given day as a Pediatrician, I watch many people fracture all of society's rules, do whatever they want with no thought whatsoever to consequences (particularly for their children), then hold out their hands and get boatloads of public assistance - more or less on the dime of people like me.
But after working hard and getting the education, and making all the personal sacrifices, and playing by the rules that are supposed to lead to respect and success, I'm supposed to "shut up" and "get over" what was done to me - because two very-important-mill-town-thugs-hiding-their-unethical-&-illegal-actions-behind-charity are above the law.
The FACT is that I did everything I was supposed to do for Randolph Hospital and for the state/Federal governments I served. I did my duty as it is defined by the North Carolina Medical Board.
In return, I was professionally crucified. Randolph Hospital broke EVERY promise it ever made with regards to Pediatrics . . . breached every contract/agreement it ever signed . . . literally spat on basic concepts of professional ethics and due process and fair play . . . used the legal system as a battering ram (filing a despicable SLAPP suit) . . . and ultimately negotiated a resolution in bad faith - on a pack of lies sworn under Oath.
Doors were slammed, options were crushed. These people didn't care. They were going to "destroy" Mary Johnson.
Meanwhile, every state & Federal agency and regulatory body that I relied upon for protection . . . entities whose sole purpose supposedly is to be there to ensure quality care . . . to protect me and my patients . . . stood by and silently/passively watched.
My case is proof positive that the government could not oversee its way out of a wet paper bag. Medical and legal oversight in this North Carolina - indeed in this country - is a joke. It’s time to do something about that. It's crystal clear that the “reformers” aren't going to.
If that makes me “crazy“ and “disruptive“, then “crazy” and “disruptive” I shall proudly be.
Mr. Mansfield, this the last letter I am going to write to a regulatory body as an ordinary citizen/former public servant seeking justice. I've not EVER wanted to sue anyone. I've only wanted the system and the law to do what it says it will do. But next year, I'm going to hire the lawyer, and we can ALL can rock & roll. As lawyers clearly run the Medical Board anyway, it’s probably just as well.
Some people have complained about the length of my letters in the past. From here on in, you will be dealing with your own kind.
I trust they’ll keep it short.
I wish you and the staff at the Board a Merry Christmas. This will be my eleventh as a pariah in my own hometown - because as a doctor licensed by the great state of North Carolina, I did the right thing by a baby literally dying in front of my eyes.
She will be twelve in January.
Sincerely,
Mary H. Johnson, M.D. FAAP
And there you have it. It's been a very rough couple of months. To my regular readers, I'd like to say thank you very much for doing so, and I wish you a very Merry Christmas. I am taking a break . . . from everything . . . probably through the New Year.
But I am very much looking forward to 2010. You see, my life is not (and was never meant to be) a cartoon . . .
. . . and the very LAST thing I am in this world is "the eternal victim".
You see, I stepped up/spoke up when others would have backed down.
Late Morning Addendum:
A friend of mine had two things to say about this post this morning. "If your life is a cartoon, then you're the *&^%$#@! superhero!"
"(And), in terms of the total failure of the local blogosphere to do ANYTHING that the high & mighty journalists in it said they could/would do, you just put up THE MOTHER of all Festivus posts."
And/so I would be remiss if I did not wish everyone a Happy Festivus, as well. Maybe one of these days, I'll get that miracle;)
