Tag Archives: Maryland Attorney Generals Office

MARYLAND’S GREAT SHAME ITS BOARD OF PHYSICIANS

20 Feb

 

MARYLAND’S GREAT SHAME ITS BOARD OF PHYSICIANS

 

 

 

Maryland State Legislature is required to oversee its Board of Physicians, yet they don’t. Utilizing the most illicit means to remove a physician’s medical license has become an art form for a Board oblivious to due process, established precedent and the law. More than incompetence the Board has deliberately skewed due process to fix outcomes no matter where the facts lead. From the day a physician is handed a charging document fraught with falsehoods to his final seconds before a politicized medical board the outcome against the doctor is predetermined. I am one of many victims of this malicious entity which works with a corrupt Attorney General’s office to assure outcomes that should never be.

 

 

 

Maryland Physicians go about their practices never aware the Administrative entity which controls their licenses is corrupt and will falsify data to deny their ability to practice. In my specific case a charging document was drawn up against me whose author, Robert Gilbert Esquire from the Attorney General’s Office, knew ahead of time his document was baseless. The State required in 2006 that a charging document have two physicians certify another physician is not competent to practice. If there was a dispute between these two physicians a third was required to intervene. In this physician’s case one of the two medical doctors reviewing for the Board had written a document stating that he reviewed my medical records and found no deviation from the standard of care. Mr. Gilbert knew this fact yet he wrote a malicious report about this physician never using the third physician as required by regulation and orchestrated with his second paid physician to misrepresent my medical records. The second physician in this case had no experience with the evidence in the purported charges. He was a shill.  Even worse utilizing twists in Board regulations I was not allowed to put on a defense at the Office of Administrative Hearings. Under the umbrella of this judicial anomaly the Administrative Judge still found for this physician. Unfortunately the Board reversed the Judge’s ruling and gave me a 3 year revocation. They, meaning the Board of Physicians, had committed another fraudulent act among many.

 

 

 

After the 3 year revocation was completed I was misled into believing that my license would be returned to me if I passed the SPEX test. On or about September of 2016 I passed this test though the Board did not provide any literature stating the contents of this exam (more on this in another news piece). In December 2016, after submitting a lengthy application for reinstatement, I was invited before the Board to speak. The Attorney General’s representative, the person who falsified the initial charging document ( Robert Gilbert), was present. The misrepresentations about this physician were ugly, untrue and based on hearsay as Mr. Gilbert stated them in front of a half dozen Board members. I was given a few minutes to speak. Six weeks later I received a negative response in part stating I was not contrite enough before this panel. They believe that I did not supply enough evidence that I would change my practice habits. Worse I was told in writing the Board would not entertain any further applications from me for reinstatement. Horrific as this corrupt Board’s stance is they are trying to cover up their own tracks.

 

 

 

In the event members of the Board of Physicians reinstated my medical license it would be an admission their rationale for revocation was false, malicious and misdirected. More details will come out as a book in preparation will display. Including solid non disputable evidence the Board of Medicine is as corrupt as a 3 dollar bill. For any questions and or comments I can be reached at platomd@gmail.com  This article will be posted on several national news sites I own and a compilation of the events surrounding my medical license history will be published in the near future. May God have mercy on those who lie to maintain their position in life and or want to move up the food chain on others peoples’ backs.  Mark Davis, MD

 

POLITICIZATION OF THE MARYLAND BOARD OF PHYSICIANS

11 Feb

 

Politicization of the Maryland Board of Physicians

 

 

 

Few administrative authorities in Maryland are as corrupt as the State’s Board of Physicians. Delegitimized by a cooperative effort with the State’s Attorney General’s Office physician licensing is mere numbers game to them. Utilizing blatantly false evidence in association with paid medical vigilantes medical license revocation has been brought to a high art form in this very blue state. I have been through this process twice. Each time the lies and misrepresentations by the medical board get deeper and the litigation longer. Facts get in the way of their ultimate agenda to sanction as many physicians as they can. Though the State government has provided a level of safeguards for physicians being inspected by the medical board these regulations are generally circumvented. With the help of a judiciary hostile to physician plaintiffs the medical board tends to obtain decisions favorable to them no matter where the evidence lies.

 

 

 

In my first confrontation with the Board of Physicians in 1990 the author was not aware of many facts at the time. Two physicians who came to review the author’s work at a nursing home he managed had perjured themselves in documentation and at an administrative hearing, were not in the same field as the author and had no authority to review him. Worse these facts and others were hidden by an eager Attorney General’s Office managed by J. Joseph Currans trying to be reelected. When the author had an opportunity through Freedom of Information request to see the documents that included these embedded facts he filed a lawsuit. To cover up the unlawfulness of his office Attorney General Curran’s representatives quickly enabled the author to regain his medical license on or about 1995.

 

 

 

In the author’s last go around with this corrupt entity one of the two Board witnesses engaged by this administrative entity sided with this physician as well as the judge in the Office of Administrative Hearings.That was not enough for these cretins who decide physician licensure. Their appointed lawyer, Robert Gilbert from the Attorney General’s office, brought charges knowing that one their expert witnesses completely disagreed with the charging document’s contents. The Board turned around their own judge’s ruling giving the author a 3 year revocation. Then on request for reinstatement, after passing a national test of clinical knowledge, was denied a license. To wound the author further the Board’s director wrote to the author not to reapply again. Corruption in this entity is not to be taken lightly. My case in not unique yet exemplifies a process that destroys careers even when there is minimal or no root cause.

 

 

 

Attorney General’s Office is supposed to bring factual data to the table when taking a case against a physician into an Administrative Hearing. In this physician’s case that did not happen nor was he allowed to defend himself because of quirks in Board Law. Nearly every rule of judicial and Board etiquette was circumvented to obtain a result that never should have ended in the way it did against this physician. Maryland physicians who have been dragged through the mud by the Board and the Attorney General’s Office are aware of the intrinsic

 

unfairness embedded in the civil prosecution of physicians. Doctors have few rights and even fewer abilities to effectuate a positive outcome when confronted by a Board that has lost sight of its reason for being and a judiciary in the tank for the Board. There is much more to this story including a massive amount of money that went unaccounted for from the author’s nursing home when the State intervened in its function in 1990, 157 patients who were displaced from their long term home, 160 workers who lost their jobs and more. Deceit unparalleled by a sitting Attorney General and misrepresentations to the public to keep his backside in a government post he did not deserve were at the forefront of this malicious prosecution. This story needs to be told in an evidence based manner and it will. Mark Davis, MD. platomd@gmail.com.

 

POLITICIZATION OF THE MARYLAND BOARD OF PHYSICIANS

10 Feb

 

Politicization of the Maryland Board of Physicians

 

 

 

Few administrative authorities in Maryland are as corrupt as the State’s Board of Physicians. Delegitimized by a cooperative effort with the State’s Attorney General’s Office physician licensing is mere numbers game to them. Utilizing blatantly false evidence in association with paid medical vigilantes medical license revocation has been brought to a high art form in this very blue state. I have been through this process twice. Each time the lies and misrepresentations by the medical board get deeper and the litigation longer. Facts get in the way of their ultimate agenda to sanction as many physicians as they can. Though the State government has provided a level of safeguards for physicians being inspected by the medical board these regulations are generally circumvented. With the help of a judiciary hostile to physician plaintiffs the medical board tends to obtain decisions favorable to them no matter where the evidence lies.

 

 

 

In my first confrontation with the Board of Physicians in 1990 the author was not aware of many facts at the time. Two physicians who came to review the author’s work at a nursing home he managed had perjured themselves in documentation and at an administrative hearing, were not in the same field as the author and had no authority to review him. Worse these facts and others were hidden by an eager Attorney General’s Office managed by J. Joseph Currans trying to be reelected. When the author had an opportunity through Freedom of Information request to see the documents that included these embedded facts he filed a lawsuit. To cover up the unlawfulness of his office Attorney General Curran’s representatives quickly enabled the author to regain his medical license on or about 1995.

 

 

 

In the author’s last go around with this corrupt entity one of the two Board witnesses engaged by this administrative entity sided with this physician as well as the judge in the Office of Administrative Hearings.That was not enough for these cretins who decide physician licensure. Their appointed lawyer, Robert Gilbert from the Attorney General’s office, brought charges knowing that one their expert witnesses completely disagreed with the charging document’s contents. The Board turned around their own judge’s ruling giving the author a 3 year revocation. Then on request for reinstatement, after passing a national test of clinical knowledge, was denied a license. To wound the author further the Board’s director wrote to the author not to reapply again. Corruption in this entity is not to be taken lightly. My case in not unique yet exemplifies a process that destroys careers even when there is minimal or no root cause.

 

 

 

Attorney General’s Office is supposed to bring factual data to the table when taking a case against a physician into an Administrative Hearing. In this physician’s case that did not happen nor was he allowed to defend himself because of quirks in Board Law. Nearly every rule of judicial and Board etiquette was circumvented to obtain a result that never should have ended in the way it did against this physician. Maryland physicians who have been dragged through the mud by the Board and the Attorney General’s Office are aware of the intrinsic

 

unfairness embedded in the civil prosecution of physicians. Doctors have few rights and even fewer abilities to effectuate a positive outcome when confronted by a Board that has lost sight of its reason for being and a judiciary in the tank for the Board. There is much more to this story including a massive amount of money that went unaccounted for from the author’s nursing home when the State intervened in its function in 1990, 157 patients who were displaced from their long term home, 160 workers who lost their jobs and more. Deceit unparalleled by a sitting Attorney General and misrepresentations to the public to keep his backside in a government post he did not deserve were at the forefront of this malicious prosecution. This story needs to be told in an evidence based manner and it will. Mark Davis, MD. platomd@gmail.com.

 

Brian Frosh: Maryland’s next Attorney General

30 Oct

Brian Frosh: Maryland’s next Attorney General

Maryland’s Attorney General Office is in dire need of an overhaul. Most recently this Office has been managed to enhance the career of its current occupant with less emphasis on those who matter most, the State’s six million residents. Political agendas not sound judgment has been on display over the last 8 years. Maryland is ready for a change. Brian Frosh, a consummate Maryland politician and lawyer, will bring a fresh perspective to an Office that has seen better days. Frosh has a stellar record of accomplishments as a current member of the Maryland Senate and previously in the House of Delegates. In his 5th term in the State Senate Brian Frosh is highly regarded for his commitment to an array of causes which enhance the lives of those he serves. On important environmental issues, such protecting the Chesapeake Bay and its tributaries, he has been an outspoken critic of anyone or group who would endanger these areas. For his efforts on the environment Frosh has received numerous awards including “Conservationist of the Year” from the Sierra Club and “Public Official of the Year” by the Audubon Society.

Senator Frosh has taken a lead role to create legislation that protects children and victims of domestic violence. He has been behind legislation to revise child support laws which were sadly lagging behind the times. On education his efforts helped to make tuition in colleges more affordable with an accentuation on increased quality. As chairman of the Judicial Proceedings Committee he steered bills through a political maze to protect personal data held by the Motor Vehicles Administration. Frosh was instrumental in enhancing identity theft laws and creating new mechanisms to track those who defraud Maryland health systems. His years in the House of Delegates and the Maryland Senate display a record of exemplary service to the state. Support for his candidacy is strong within this State and outside its borders. Former New York City Mayor Michael Bloomberg supports Frosh for taking a major role in helping enact into law the Firearm Safety Act. Many other Maryland luminaries have given a thumb’s up to Frosh’s candidacy.

Maryland’s Attorney General Office provides legal counsel to a variety of administrative entities throughout the state. Legal opinions crucial to this State’s functions also emanate from this office. Politicized by the current occupant the Attorney General should always present a balanced approach to whatever task is before his office. Having been touched by the civil sting of this office whose methodology was nothing less than confrontational, contentious and misdirected a fresh face is needed to rekindle trust this office once held. Brian Frosh is that person. He is able to maneuver through the embattled political terrain in Maryland with the knowledge to apply the laws equitably without destroying the faith in the people he serves. Strong consideration should be given to this candidate for Attorney General. As an independent I see Brian Frosh’s resume as many steps above the recent holders of this office. Maryland needs change and it is coming to the Attorney General’s Office in the embodiment of Brian Frosh.

Mark Davis MD, President of Davis Writing Services. http://www.daviswritingservices.com platomd@gmail.com

Maryland Board of Physicians: abusive peer review 101

9 Feb

Maryland Board of Physicians: abusive peer review 101

Maryland Board of Physicians former executive director publically stated that this administrative entity was not sanctioning enough physicians. Indeed a political statement with a more profound meaning, the Board of Physicians was commanded to generate more cases to make their sanction numbers look better on the national scene. To carry out this directive, fake standards of care were generated to bring more physicians under the legal hammer of the Board. Many borderline physicians found they could make a good living rubberstamping whatever Board of Physician attorneys put to paper in the form of charges against their colleagues. These rogue medical reviewers were given immunity from prosecution to sweeten the pot. With the stage set and the actors in play physicians found themselves being lambasted by a medical board that did not have the best interests of Marylanders in mind. Circumventing established laws, mandates and legal covenants Medical Board lawyers employed by the Maryland Attorney General’s Office levied unsubstantiated charges at the physician populace. Cooperating at the highest levels with Medical Board personnel, Maryland Courts vigorously supported any muck they threw at physicians. This author has extensive examples where facts of a case do not justify the negative opinions Maryland Courts have dispensed in medical licensing cases.   In the event an administrative judge found for a physician, the Medical Board is allowed under the law to reverse that decision, without hearing the case. Physicians have been kept in the dark about Medical Board procedures, because rules of medical chart review are either created on a whim or may not have been promulgate at all. The recent Maryland Legislative Audit of the Board of Physicians emphasizes that this administrative entity has been derelict in its duties to act ethically and responsibly when carrying out its functions, the Board has done neither. One point that glaringly arises on the many reviews that this former doctor has come across, physicians in the ivory towers have been minimally stung by the political entity that licenses them. Several blatant examples of physicians who were sued numerous times and lost, were deliberately overlooked for review until the media became aware of this dichotomy.  Politically connected medical doctors, especially those associated with the two main university hospitals, would have to outright murder a patient before the Board of Physicians opens its eyes and blinks. Physicians most apt to be victimized by this rogue agency and the cretins who represent them are those in private practices who are not political dynamos. Maryland should have an independent agency that has the power to perform a deeper review of the Board of Physicians. They may find that medical board has committed acts that would be criminal under other circumstances. Mark Davis MD, author of Demons of Democracy. President of Healthnets Review Services, Advisor to the media, government, industry and the legal profession on health care issues.

Maryland Board of Medicine: Death to Due Process

6 Feb

 

Maryland Board Physicians: death of due process

 

Recent articles in this column concerning the Maryland Board of Physicians have generated a landslide of emails to this author from the physician populace. Relating stories of abusive peer review, these practitioners of the medical arts have been prosecuted civilly for a gamut of accusations. Collectively these legal interactions have a few glaring similarities. Due process has been abbreviated, circumvented and or abrogated totally. Maryland Attorney General’s office aggressively pursues cases against physicians in the name of the Board of Physicians and they don’t like to lose. Well known to most physicians who have been under the hammer of scurrilous Board of Physician actions is the deficit of written guidelines promulgated to perform medical record reviews. Physicians are left in virtual limbo because the Board and its legal minions can create regulatory structure as they process cases against your favorite physician. Most physicians are unaware that a book of fictitious standards of care exists somewhere in the Board’s inner sanctum. Judicial fingers have attempted to pry this opus from the Board of Physicians’ grasp without success. Yet physicians are subjected to its tenets at nearly every inquisition. Reactive not proactive, the Board has trivialized the practice of medicine by micromanaging and second guessing physician decisions. Composed of a group of people that is 40% non-physician, this politicized entity has very little expertise in the very field they are empowered to regulate. With the release of the scorching Legislative Audit against those who manage the Board of Physicians, a deeper concern arises from the muck. Maryland Attorney General’s Office collectively is supposed to know Maryland Law and carry it out as written, unfortunately they don’t. Strong evidence exists that the highest legal officers in the state have distorted, misrepresented and even outright lied to receptive Maryland Courts when processing physician cases. More egregious, Maryland’s Appellate Courts have legislated from the bench bypassing clearly written Maryland Law and Mandate to give a win to the Board and its legal counsel. Those who reside in the two ivory towers of medical elitism believe they are safe from the gunners that target physicians outside their domains, they are wrong. History of the elite displays they can be victimized too.  Every physician should read this report (Sunset Review of the Maryland Board of Physicians and the Related Allied Health Advisory Committees) to learn how Maryland is carelessly and reprehensibly managing medical licensing. Physicians have very little protection from the deleterious hands of this entity since their Medical Society is completely impotent. Those of you foolishly paying dues to this organization, think twice. Hard times for medicine are here, we don’t need an irresponsible administrative authority to make those times worse. Mark Davis MD, author of Demons of Democracy, President of Healthnets Review Services. platomd@gmail.com

Physicians’ rights: not in Maryland

5 Jan

Physician rights: not in Maryland

 

Criminals have more rights than physicians in Maryland. Protective safeguards in place to separate the guilty from the innocent have been dispensed with when the Maryland Board of Physicians hungers to destroy a physician’s career. Numerous physicians who have been under the hammer from this Board have graciously shared their detriments with me, after reading a series of articles I published. With the recent disclosure, through a Maryland Legislature Audit, that this Board was errant in following protocol, mandate and the law in dispensing justice to its flock, the Board must and should be held accountable for its illicit actions. A few of the hundreds of negative citations against the Board are presented for your own interpretation. The Audit notes that the Board failed to follow appropriate guidelines when reviewing medical records and engaging physicians to perform these functions. The Board circumvented and or completely disregarded clearly written legislative mandates and laws concerning the methodology utilized in processing cases against physicians. Worse, they failed to promulgate guidelines for medical record review shifting that responsibility over to a private company. There are hundreds of deficiencies embedded in the Audit’s 161 page structure displaying that Maryland has a rogue medical board that has trampled on physicians’ due process rights. If Maryland physicians and their medical societies had any cajones they would sue the state of Maryland, the Maryland Board of Physicians, the Department of Health and Mental Hygiene, the Secretary of Health and the Governor’s office for permitting this fraud to be perpetrated on physicians. Many physicians have come to recognize that some of the Circuit Court judges and most of the Appellate Judge ignore Maryland Law and are legislating from the bench, so the Maryland Board of Physicians will ultimately win in the Courts no matter what the true facts are. In one significant case the Court of Special Appeals suppressed evidence presented by a physician and ruled for the Board though they knew this administrative entity was acting outside Maryland law and mandate. Physicians should sue the Board and its lawyers every time they bring an unwarranted action against a licensee. In a future article we will follow an actual case now unfurling in the Circuit Court which could affect every health provider in the state of Maryland. Mark Davis, MD President of Healthnets Review Services, platomd@gmail.com