Inspiration For A Whistle-Blowing North Carolina Pediatrician: And Two Whistle-Blowing Texas Nurses Shall Lead Her

This one is flying out of my fingers, folks.  I'm putting it up fast, and will insert links later.

Last year, I blogged my heart out about the two Texas nurses who were charged with crime because they dared report malpractice to the authorities. 

The nurse who was ultimately prosecuted to trial was found "not guilty".

This morning, my good friend, Buzz-Armfield-of-the-Asheboro-Armfields, sent me a link to this story in the New York Times:

A state grand jury in Winkler County, Tex., has indicted the sheriff, the county attorney and a hospital administrator for their roles in orchestrating the prosecution of two whistle-blowing nurses after they had reported allegations of malpractice.

The sheriff, Robert L. Roberts Jr., and county attorney, Scott M. Tidwell, each face six counts, including misuse of official information and retaliation, which are third-degree felonies. Stan Wiley, the administrator of Winkler County Memorial Hospital, in the dusty West Texas town of Kermit, was indicted on two counts of retaliation.

You'll note the Texas State Attorney General led the investigation that led to the charges against county officers.  I'm quite certain these "law enforcement" officers did not ask to be investigated.  If the Attorney General of Texas can prosecute a case like this . . . involving the public good/safety and serving the cause of justice . . . WHY can't the Attorney General of North Carolina? 

Why IS it that, in North Carolina, the ordinary citizen-done-wrong (say like a doctor who has endured THIRTEEN YEARS of nothing but retaliation) can't get a case very-similar-in-concept-to-that-of-these-nurses get past the local District Attorney's front door . . . even after the Duke-Nifong debacle?

I'm thinking that my un-investigated, un-prosecuted case for PERJURY against Randolph Hospital's $700,000/year CEO, Robert Morrison, and his left-hand man, Steven Eblin, just got a whole lot more . . . what's the word I'm looking for??? . . . ah, yes . . .  "RELEVANT".

JUSTICE HAS BEEN OBSTRUCTED SINCE DAY ONE.

Let's (briefly, because we wouldn't want to BORE noble, truth-seeking local journalists/bloggers like Edward Cone or John Robinson or Roch Smith, Jr, or Lex Alexander or David Renfro or Ray Criscoe) review that case:

(1)  In February 1998, a Pediatrician in public service, who had just completed a Federal service obligation with the National Health Service Corps (under an agreement that specifically prohibited any interference with her continued practice to the "under-served" area to which she had been recruited), was fired . . . just two days after defying threats communicated to her in writing by the Practice Director of Randolph Medical Associates (RMA) in Asheboro, North Carolina (based on bogus accusations no less) . . . for answering a nurse's terrified phone call in the middle of the night and intervening in a case-being-botched-by-another-doctor (by ALL accounts saving a critically-ill newborn's life) . . . and afterwards reporting the incident/case to hospital peer review.

Now, despite the Director's threats - which he subsequently acted upon, the hospital styled the doctor's termination (which happened two weeks after she intervened in/reported the event) as "without cause" or "voluntary" (never mind that from the doctor's standpoint, it was NOT "voluntary" at all). 

The thing is, as we will establish, this particular hospital is very practiced at LYING.

And, unfortunately, employment laws in good-ole "right-to-work" North Carolina have long thrown physicians - even with their unique obligations/duties - under the bus. 

In violation of the Pediatrician's DUE PROCESS rights, a review of her termination was NOT conducted . . . and a hospital peer review of the case which CLEARED HER of any wrong-doing (because it was, in fact, her ETHICAL DUTY to do what she did) did not occur until AFTER she was terminated (translation: the adequate peer review mechanims required by the Pediatrician's Federal service agreement did not exist).  Moreover, she was offered NO AVENUE OF APPEAL - as hospital executives spent months LYING to hospital board members, the Pediatrician's colleagues and her patients about her ability to practice at the hospital - or start over again in the area (after they had absorbed/otherwise decimated her practice).

Recruiters informed the Pediatrician she had been "black-balled" for miles around.

The doctor that the Pediatrician rescued that night was employed by a Moses Cone Healthcare System affiliate.  Randolph Hospital, RMA'S "parent company" greatly prized its "cooperative" relationship with Cone Hospital - to the point of trying to exclusively direct Neonatal and Pediatric referrals there.  This is illegal under Federal STARK laws. 

The physician that the Pediatrician rescued, a Family Practitioner, had previously been falsely-advertised to the community by Randolph as having special skills & training in Neonatology that he did not possess.

Under Joint Commission (JCAHO) definitions, what happened was a "sentinel event".

As a matter of ethics and duty, the North Carolina Medical Board REQUIRES physicians to report impaired physicians and/or bad care to appropriate authorities.  But the Board, even as it boasts about accountability and transparency, has done NOTHING to amend the Medical Practice Act in a fashion that would protect Medical Whistle-blowers.

2.   In violation of her PROPERTY RIGHTS, the Pediatrician's hospital privileges were revoked in 1999 without prior notice to her . . . when hospital executives/attorneys advised their deaf/dumb/blind Medical Executive Committee to accept a staff resignation the Pediatrician had withdrawn (in writing) prior to its effective date.

This action against her privileges was IN CLEAR RETALIATION for the Pediatrician filing a lawsuit against Randolph Hospital's "wholly-owned controlled-affiliate" (RMA) . . . the aforementioned practice that fired her for saving a baby's life.

3.  In 2000, Randolph Hospital SLAPP-sued the Pediatrician for "libel" . . . over a complaint she had authored in 1999 and sent to Clinton Department of Health & Human Services Secretary, Donna Shalala (in response to a request for feedback).  The National Health Service had reviewed the complaint, and felt it had enough merit (i.e. was truthful) to justify Randolph Hospital's removal from its list of NHSC-approved sites.

Once again, the lawsuit filed by Randolph Hospital was purely about INTIMIDATION, HUMILITATION, RETALIATION and the total FINANCIAL/PROFESSIONAL DESTRUCTION of the Pediatrician . . . who was barely making ends meet as a Locum Tenens physician as she paid her lawyers . . . while the hospital brass were insulated by their non-profit's coffers. 

In essence, the methodically-kept-in-the-dark-public was paying their legal fees.

Randolph Hospital officials ultimately ran like scared little girls from their lawsuit, when two other local physicians wrote JCAHO, advising them that they had read the Pediatrician's complaint and found it truthful & accurate . . . whereas hospital executives had treated the Pediatrician poorly, and been less-than-truthful themselves about what had happened.

4. After settlement of both lawsuits (in 2001) in her favor (but for less than one year's salary - as the hospital represented the practice to be "almost bankrupt") the Pediatrician discovered that she had been swindled by PERJURY, CONTEMPT and FRAUD on the part of Randolph Hospital executives. 

PERJURY IS A CLASS F FELONY IN NORTH CAROLINA AND DOES NOT HAVE A STATUTE OF LIMITATIONS.

The Pediatrician reported the crimes in a letter to Randolph County DA, Garland Yates, in 2003.  Mr. Yates would not meet with her - or indeed, return a phone call. 

In 2005, the Pediatrician re-submitted the complaint to the DA's office.  She was told (by Randolph County ADA King Dozier) that the case would be referred to the SBI for investigation.  However, several weeks later, the SBI informed the Pediatrician that the case had been set aside, without investigation, because Garland Yates had indicated he would not prosecute even if evidence of wrong-doing was found.  The Pediatrician was advised the SBI would be wasting their time!?!

The Pediatrician was likewise turned away from a Randolph County magistrate's office . . . she was not even allowed to swear out a complaint.

Despite the facts that this case involves (A) the illegal actions of the executives of a "non-profit" community hospital subsidized by the state, and (B) a licensed-physician-in-good-standing by the North Carolina Medical Board (who also had labored under an agreement with the N.C. Office of Rural Health while in Asheboro), the North Carolina Attorney General's office still insists it has to be asked by the DA's office to intervene. 

We're a full five years out from the Duke-Nifong debacle and Roy Cooper hasn't done anything to help ordinary citizens get past corrupt local cabals.  It's ludicrous.  It's criminal in and of itself.

And OBTW, the oh-so-ethical North Carolina State Bar has steadfastly refused to do ANYTHING about the big-gun hosptial lawyers who suborned perjury . . . or the local lawyer-putz who grossly misunderrepresented his client.

Meanwhile, the IRS told the Pediatrician that while non-profit executives could not lie to the government, it was not as big a deal to the United States Attorney when they lied to ordinary citizens. 

This is, of course, the SAME IRS that has since been charged with more oversight of healthcare courtesy of Obamacare. 

So what makes you think, dear reader, that if good, conscientious doctors willing to stick their necks WAY out for patients do not matter in the great scheme of healthcare "reform", that patients actually will?

In summation, in violation of her VERY BASIC CIVIL RIGHTS, the Pediatrician has been DENIED ANY ACCESS to appropriate investigation/review of this white-collar crime . . . a pile of in-your-face FELONIES committed by non-profit hospital executives charged with the public good . . . by (A) Randolph County Law Enforcement (i.e. the Sheriff's Department, Asheboro Police Department), (B) the North Carolina Attorney General's office, and (C) the IRS/US Attorney's Office. 

The hospital has not even had its hand slapped by JCAHO or NC/USDHHS!?!

All of this has left the Pediatrician, once beloved by her patients/parents - and highly respected in the Asheboro medical community - ostracized, financially-raped, and still open to active ridicule & every manner of humiliation . . . most recently culminating in a vicious cyber-attack inadequately prosecuted by . . . you guessed it . . . the Randolph County District Attorney's Office.

These "non-profit" hospital executives would have had Dr. Mary Johnson, roll over, go back to sleep and let a baby die.  That's "care you can trust" at Randolph Hospital.

They still have jobs.  One of them is paid over $700,000/year in salary and benefits, and Asheboro's community leaders/journalists think this is just swell.  Mary's story is "old news" and "ancient history". 

(OBTW, If you have any remaining doubts about the kind of medical care this hospital values, please be reminded that the Cone-owned Family Practitioner whose arrogance and ignorance almost killed a newborn infant was eventually elevated to Chief -of-Staff at Randolph Hospital.) 

Bob.  Steve.  I want you to know right now.  If it is the last thing I do, I'm gonna hire me a lawyer with a conscience and a spine (I hear there still may be one or two in North Carolina) and I'm gonna come after you . . . you and your two-bit, third rate, hospital . . . and ALL of the mill-town snobs & snobbettes charged with "oversight" who stuck up their noses and looked the other way while this AMORAL, UNETHICAL, ILLEGAL GARBAGE was going down. 

I fully expect that the worthless, useless, state & Federal agencies/regulatory bodies also charged with "oversight" (that have pretended this did not happen - and that I did not exist - for going on THIRTEEN YEARS) are not going to want to answer for your mistakes. 

I WAS SCARED BEFORE.  TERRIFIED OF GOING BACK TO COURT . . . BECAUSE YOU AND THE LAWYERS WHO SUBORNED YOUR PERJURY USED THE NORTH CAROLINA LEGAL SYSTEM LIKE A WEAPON.

BUT I AM NOT/NEVER WAS A SECOND-CLASS CITIZEN. 

AND I DID MY DUTY.
 
YOU, ON THE OTHER HAND, ARE LYING, OVER-RATED, OVERPAID, NON-PROFITEERING VERMIN . . . A POX ON THE CHILDREN OF THE COMMUNITY WHERE I GREW UP . . . AND YOU ARE GOING TO ANSWER FOR WHAT YOU DID TO ME . . . AND WHAT YOU PUT ME & MY FAMILY THROUGH.
 
By the time I am done with you, it's going to be LEGENDARY.