Maryland Appellate Courts: A self-serving entity

9 Nov

While the Maryland Legislature slept their highest courts were busy rewriting the laws that provide substance to the words due process. There is no further need for the Maryland Legislature to convene, the Courts of Appeals will assert an authority not mandated to them, redefining clear legislative intent. As a physician who has provided service to the Maryland community for 33 years the overreach of Maryland government’s hands in my personal and professional life is not new to me. My travails would fill several volumes. Maryland Board of Physicians’ most recent assault on me started nine years ago with their random selection of five medical records out of thousands. With no complaints lodged against this physician, the Board of Physicians through a series of maneuvers that skirted Maryland law, levied an abusive review process against me that culminated in a judicial intervention. Two lower courts sided with this physician because the law was clearly leaning in my direction. Court of Special Appeals reviewed the lower courts’ positions completely reversing their findings. In a vindictive opinion written by retired Judge Salmon, it revealed an agenda so profound that one could question why these courts exist. This court rewrote regulations written by the state legislature in 2003 that preserves and enhances due process rights for physicians. Judge Salmon and his judicial associates believe that physicians should have abbreviated and/or no due process rights. Judge Salmon believes that only one physician reviewer’s opinion is sufficient to revoke the medical license of another of equal stripes. Judge Salmon believes lower courts have the right to inhibit physicians from defending themselves. Including but not limited blocking the introduction of exculpatory evidence, expert witnesses and other documentation. His dystopian view of citizens’ due process rights came directly out of the works of Anthony Burgess, A Clockwork Orange. The profound effects of this ruling will haunt physicians for decades to come. Maryland Board of Physicians has intimidated the physician community to such an extent, they are afraid to speak up. State legislative members should be appalled at their powers being usurped by Appeals courts, but they remain in a coma. Maryland Medical Society has been quiet as usual on this and related topics. They are in business to collect money and report once or twice a year to their membership, no more and no less. Maryland citizens will find their physician population complacent when they confront life threatening illnesses. Why? One step off the regulatory tightrope, they will find themselves hanging from an administrative noose. Mark Davis, M.D., president of Healthnets Review Services. http://www.markdavismd.com

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