Tag Archives: Maryland Board of Physicians

MARYLAND ATTORNEY GENERAL’S OFFICE CAUGHT IN A MIRE OF CORRUPTION

26 Apr

 

Maryland Attorney General’s Office Caught in a Mire of Corruption

 

 

 

On December 21st 2016 Mark Davis MD went before the Maryland Board of Physicians. The matters discussed below in this brief article were resurrected from 1990 during this hearing along with the contents of a fraudulent charging document concocted by attorney Robert Gilbert of the Maryland Attorney General’s Office, which he wrote in 2006. The charging document was so viciously false and its complexity so deprecating an e-book is being prepared for its presentation to the public. Needless to state Mr. Gilbert, in his legal capacity, was able to convince the Board of Physician members that his charging document was true though one of the two physician reviewers it was based on stated Dr. Davis followed the standards of care. Additionally Dr. Davis was cleared in the majority by an administrative judge 2007. Facts get in the way because lies make better news. Dr. Davis was told in writing he should never again apply for a medical license in Maryland though he passed a national test of competence in 2016. In our e-book we will discuss in detail how politicized and corrupt the Maryland Board of Physicians is and details of Dr. Davis’ disgusting treatment by them. Please read below. All comments are welcome. All documents related to this article are on the attached link.

 

 

 

As the summer receded in 1989 I made a huge mistake for myself, my family, co-workers and investors, I purchased a nursing home in Maryland. A toxic group of Maryland Administrative entities knew before the ink was dry on the contract of this facility, Poplar Manor Nursing Home, would close no matter what its new owners would do to save it. Anyone caught in the vortex of this transaction, including this author, would be pulled down into a never ending spiral of legal chicanery. A document noting this facility was on track to be closed was withheld from the potential new owners by the Maryland Department of Health and Mental Hygiene (DHMH) and its attack dog the Maryland Attorney General’s Office. New management moved in on or about August 1989 and the latter two entities, who entrapped us, tried to move us out before 30 days was up. As medical director for 8 years I was not aware the facility had problems in categories outside of my control. The withheld document is part of a forthcoming e-book and included here as document 1. The State of Maryland’s parasites were not finished. They not only wanted the facility closed their intention was to bury the major owner, it’s former medical director. Their tools were a sea of lies, misrepresentations and legal entanglements for the end purpose, medical license revocation and removal of nursing home ownership. There was no coincidence that J. Joseph Currans, the Maryland Attorney General, was running for reelection during this time in 1990. This meant he needed a cause celebre to run on. He used Poplar Manor as one of his fulcrum’s for reelection. That is, he personally saved hundreds of patients from an evil doctor, 12 associate doctors and his approximately 160 workers. Curran’s wanted people to believe the ownership spent 5 million dollars to torture patients and run a nursing home into the ground. The narrative was false then as it is now to keep this physician out of practice in Maryland and keep another corrupt politician in office.

 

 

 

By the end of 13 horrifying months, orchestrated by Department of Health and Mental Hygiene (DHMH), management was replaced. New physicians were brought in to work with patients and the facilities bank accounts were removed from our control and eventually emptied. Since there were no malpractice cases filed or complaints from anyone what was the basis for this unfounded change in the facility personnel. Two physicians from University of Maryland, Dr. George Taler and Dr. Timothy Keay were brought in to cover up the incompetence of the State physician reviewer, Dr. Lois Leonard. It seems Dr. Leonard was not qualified to review nursing homes or any other facility because she did not have the prerequisite training to do so. Her post medical school training was a 1 year rotating internship. Yet the DHMH hired her to monitor nursing homes and other facilities. She was not qualified to place a band-aid on a finger. Drs. Keay and Taler were profoundly involved in the following illicit activities.

 

 

 

1)  They were engaged to review physician services by the Department of Health and Mental Hygiene, not the Board of Physicians, who was the only legal Maryland authority empowered to review licensed physician services during this period of time.

 

2) They did not follow the collective protocols of the Board of Physicians and the Maryland Medical Society to perform physician reviews which were in force at the time. Documents 2, 3,4,5 display their mishmash reviews which are nearly illegible, outside the standard of review and far from accurate.

 

3) In an affidavit filed by George Taler on July 5th 1994, affirmed under the penalties of perjury, Dr. Taler knowingly perjured himself with the help of the Maryland Attorney General’s Office by the following:

 

a) Document 6 and 7 is Taler’s affidavit.  

 

b) In Document 7 Dr. Taler claims he reviewed a representative sample of patients at the nursing home. This indicated he chose the medical records personally, untrue. Document 8 displays Drs. Taler and Keay were given the charts to review. The starred names were the patients reviewed by the State employed Physician, Dr.Lois  Leonard. Dr. Leonard was specifically sent into the facility to find anything she could wrong  with physician care, when there was none. Drs. Keay and Taler were sent in to cover up her work and confirm her lies. The evidence cannot be interpreted any other way. c) In document 7 Dr. Taler states he had no personal gain from the review. Yet in documents pages 9-11, which is the contract for Drs. Keay and Taler to review medical records, it states they  would paid over $4,000 in 1990 funds, more lies.

 

 

 

Perjury was okay because it was backed by Maryland Attorney General’s Office. Civil and criminal charges were based on erroneous medical record reviews. A nursing home was closed and 157 patients were displaced because of phony medical record reviews. Additionally one hundred sixty people lost their jobs because of an out of control health department and administrators wanting to move up the food chain. Upwards of a half a million dollars is unaccountable from the facility’s accounts. Most of all a God fearing physician was dragged through the media, the legal system and to financial catastrophe for absolutely nothing.

 

 

 

When Dr. Mark Davis filed case number 1819, September term, 1994 before the Maryland Court of Special Appeals the Maryland Attorney General’s Office took quick notice. Two attorneys from this self-serving corrupt office requested Dr. Davis to drop this case and in return they suggested they would enable him to have his medical license reinstated. He did drop the case and they helped him regain his medical license 1995. The Medical Board, by a unanimous decision, returned his medical license. The Board realized the initial case filed against Dr. Davis was nothing less than dreck.  If this case had been heard perhaps the current Attorney General of the time, J. Joseph Currans would have been brought up on charges. There is much more to this case. Attorney Gilbert must be outed for his erroneous statements before the December 21, 2016 Maryland Board hearing and the unfounded charging document he concocted in 2006. This article only touches the surface of the vast corruption in the Maryland Administrative authorities noted here. No patient was harmed in any manner by Dr. Mark Davis, yet hundreds were harmed by the authorities discussed in these pages.  Please look for the complete e-book on this case coming soon. 

 

 

 

Mark Davis, MD   platomd@gmail.com

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MARYLAND BOARD OF PHYSICIANS SCANDAL 101

3 Apr

MARYLAND BOARD OF PHYSICIAN SCANDAL 101

 

 

 

Maryland’s toxic Board of Physicians has hurt too many for too long. This Administrative entity has a vast legal structure imposed on it to regulate physician function and performance with one caveat, these legal guidelines are not obeyed. Believe it or not the Board of Physicians (Board) has run an illicit organization, for several decades, with minimal to no supervision by the Maryland State Legislature. I have observed first hand this Board’s determination to harm a physician though the facts of the case moved in a different direction than charges imposed. “Enumerated below” are many not all reasons why current Board members and administrative staff (many of whom are lawyers) should be removed from office and investigated by legal authorities who sit beyond Maryland State’s borders. This scandal is more than a civil rights issue. Instead it is one of corruption in a State entity that has gone unchecked for far too long. With thick cronyism in play, judges who will defend the Board even when the evidence is against them and worst of all an Attorney General’s Office complicit with Board hierarchy time has come for an independent open investigation of their malicious behavior. The list that follows is drawn up from personal circumstance inflicted on Mark Davis, MD. A book is in preparation, with documentary evidence, confirming the incredulous journey one physician had, through 2 episodes of malicious prosecution with this corrupt entity, will be published soon.

 

 

 

1)    There is no set standard of medical record review in the files of the Maryland Board of Physicians. Therefore the Board can create any false narrative about a medical record they choose.

 

2)    Highly paid medical vigilantes review records for the Board. These physician reviewers are engaged from the private sector, given immunity and lie with impunity. I will present documentation in a forth coming book displaying the Board removes medical licenses under false pretenses.

 

3)    The Court of Special Appeals legislated from the bench that one physician reviewer is sufficient to have a medical license revoked. The regulations as written require two physicians to agree “standards of care” were not met. If two physicians have opposing views a third one is required to be brought into the dispute. In the author’s case of the two physicians utilized one noted this author followed the standard of care. The second physician, who did not practice dietary medicine nor had any special knowledge of this field consistently lied during a judicial hearing, as the transcripts display. Worse he was engaged from a company sued by this author previously.

 

4)    Knowing the facts in number 3 how could anyone draw up a charging document against a physician when one state reviewer noted this author did not violate the known “Standards of Care.”

 

5)    The Attorney General’s Office is deeply rooted in the scandalous behavior of the Board. One specific attorney from this office, Robert Gilbert, in his official capacity, fabricated charges against this physician as noted in number 4 to start a prosecution against this physician.

 

6)    Though the Board’s own judicial arm the Office of Administrative Hearings found for this physician the membership of the Board flipped the decision and gave this author a 3 year revocation which they changed to permanent status after he applied for reinstatement and passed a national test.

 

7)    The Maryland Board of Physicians is managed end to end by lawyers. From its top Executives to their review arm.  Trashing physicians is their speciality without regard to observance of physicians’ rights.

 

These enumerated malicious activities and many more, at the minimum, need to be brought before a State of Maryland Legislative committee empowered to review this administrative entity. Abuse of authority is evident. Does the evidence rise to the level of felonies? I would submit this to be the case. In the end patients suffer needlessly for this indiscriminant use of authority. Perhaps in the near future the true nature of the Board’s scandalous behavior will be revealed to all and as a result appropriate prosecutions may occur. My question is will Maryland Courts once again provide immunity for the Board’s illicit activities.  More to come.

Mark Davis, MD

platomd@gmail.com

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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.

 

Stealing a medical license: Maryland style

23 Aug

Stealing a medical license: Maryland style

 

Physicians licensed in Maryland are subjected to the whims of a medical board that is politically appointed and run end to end by attorneys. Colleagues in other states are in disbelief when they learn that a lawyer not a physician is the executive director of this entity. They are even more perplexed that lawyers manage the compliance division and other sections of this administrative authority. Most astounding to them is 8 out of 21 members of this authority are “not” physicians. Maryland Board of Physicians was established to have special expertise in the medical domain. Yet its present construction is far from that initial format. Physicians no longer have to commit a medical mistake or series of them to be charged with an offense under the Medical Practices Act. Physicians can have their licenses revoked based on hearsay, false evidence against them, junk science, fallacious expert medical record reviews or sundry actions that do not pass the sniff test. An assault against Mark Davis MD exemplifies the depths this board would take to have his licensed pulled. In June of 2002 a subpoena for medical records arrived at this physician’s office. Four months later a note arrives from an “unknown reviewer” asking him to make several changes in his practice style. Since all procedures and paper formats had previously been approved by the authority sending the letter this physician questioned the unknown reviewer why the changes should be done when they were not justified. No answer came forth. One month later this Physician was invited to a clinical meeting with three other physicians, none of whom were initiated in the specific practice type of this author. This unfriendly encounter was further deprecated by the three member panel failing to be given documents sent to them by this physician.  The perpetrator of that act was none other than the lawyer who headed the compliance division. Forty eight months from the day of the subpoena a charging document that should have never have been drawn had the name of Ira Kaplan MD and a 2nd physician written across the title page. Dr. Kaplan, who is protected by peer review regulatory laws, was chosen as an expert medical record reviewer when he had no expertise in the specific subject contained in the charges. Though the board had forty months to prepare a case, this physician was given 3.5 months with two intervening holidays to prepare his case. The medical board through its Attorney General’s representative had no intention of allowing the truth to come forth. He used every legal trick at his disposal to block defendant witnesses from testifying, defendant legal briefs to be entered as evidence and other exculpatory documents from being brought before this administrative review. Worse he obstructed the testimony of a physician who worked for the medical board and enthusiastically wanted to testify on this author’s behalf. This Soviet style review had all its elements in favor of the Board of Physicians yet the administrative judge still found in the most part for this physician. He went so far as disregarding the testimony and report of one of the state appointed physicians and submerged most of the 2nd physicians report and testimony. The Board in a very vindictive and baseless manner reversed the court’s findings even though they had not heard the case which involved over four days of hearings before a reviewing judge who they requested. The judicial system treats physicians like dirt, especially the Appellate division. These courts are very friendly to Maryland administrative authorities because they are paid by the same pocket. A recent article entitled “Maryland Board of Physicians: corruption or business as usual” provides more details of the events at the Appellate level. You might as well be in China or Russia because Maryland does not believe in justice. This State only knows how to take money from the worker and hand it to the deadbeat. Maryland’s Attorney General’s Office debased itself in this case to bring this false action to fruition.  Members of the Board of Physicians knew or should have known the case involving Mark Davis MD was a fraudulent conception from end to end. The Maryland Legislature for the second time has fallen asleep at the wheel when profound fraud is being perpetrated directly under their proverbial noses. To right this wrong the Board should reverse their decision, not follow the Harford Court mandate that they pushed for and apologize to the thousands of patients they have screwed for the second time in four years. In the event any of the media has the cojones to discuss this interesting and vindictive assault on this physician please contact me. To my thousands of patients thank you for your support. platmd@gmail.com Mark Davis MD, President of Healthnets Review Services

Stealing a medical license: Maryland style

23 Aug

Stealing a medical license: Maryland style

 

Physicians licensed in Maryland are subjected to the whims of a medical board that is politically appointed and run end to end by attorneys. Colleagues in other states are in disbelief when they learn that a lawyer not a physician is the executive director of this entity. They are even more perplexed that lawyers manage the compliance division and other sections of this administrative authority. Most astounding to them is 8 out of 21 members of this authority are “not” physicians. Maryland Board of Physicians was established to have special expertise in the medical domain. Yet its present construction is far from that initial format. Physicians no longer have to commit a medical mistake or series of them to be charged with an offense under the Medical Practices Act. Physicians can have their licenses revoked based on hearsay, false evidence against them, junk science, fallacious expert medical record reviews or sundry actions that do not pass the sniff test. An assault against Mark Davis MD exemplifies the depths this board would take to have his licensed pulled. In June of 2002 a subpoena for medical records arrived at this physician’s office. Four months later a note arrives from an “unknown reviewer” asking him to make several changes in his practice style. Since all procedures and paper formats had previously been approved by the authority sending the letter this physician questioned the unknown reviewer why the changes should be done when they were not justified. No answer came forth. One month later this Physician was invited to a clinical meeting with three other physicians, none of whom were initiated in the specific practice type of this author. This unfriendly encounter was further deprecated by the three member panel failing to be given documents sent to them by this physician.  The perpetrator of that act was none other than the lawyer who headed the compliance division. Forty eight months from the day of the subpoena a charging document that should have never have been drawn had the name of Ira Kaplan MD and a 2nd physician written across the title page. Dr. Kaplan, who is protected by peer review regulatory laws, was chosen as an expert medical record reviewer when he had no expertise in the specific subject contained in the charges. Though the board had forty months to prepare a case, this physician was given 3.5 months with two intervening holidays to prepare his case. The medical board through its Attorney General’s representative had no intention of allowing the truth to come forth. He used every legal trick at his disposal to block defendant witnesses from testifying, defendant legal briefs to be entered as evidence and other exculpatory documents from being brought before this administrative review. Worse he obstructed the testimony of a physician who worked for the medical board and enthusiastically wanted to testify on this author’s behalf. This Soviet style review had all its elements in favor of the Board of Physicians yet the administrative judge still found in the most part for this physician. He went so far as disregarding the testimony and report of one of the state appointed physicians and submerged most of the 2nd physicians report and testimony. The Board in a very vindictive and baseless manner reversed the court’s findings even though they had not heard the case which involved over four days of hearings before a reviewing judge who they requested. The judicial system treats physicians like dirt, especially the Appellate division. These courts are very friendly to Maryland administrative authorities because they are paid by the same pocket. A recent article entitled “Maryland Board of Physicians: corruption or business as usual” provides more details of the events at the Appellate level. You might as well be in China or Russia because Maryland does not believe in justice. This State only knows how to take money from the worker and hand it to the deadbeat. Maryland’s Attorney General’s Office debased itself in this case to bring this false action to fruition.  Members of the Board of Physicians knew or should have known the case involving Mark Davis MD was a fraudulent conception from end to end. The Maryland Legislature for the second time has fallen asleep at the wheel when profound fraud is being perpetrated directly under their proverbial noses. To right this wrong the Board should reverse their decision, not follow the Harford Court mandate that they pushed for and apologize to the thousands of patients they have screwed for the second time in four years. In the event any of the media has the cojones to discuss this interesting and vindictive assault on this physician please contact me. To my thousands of patients thank you for your support. platmd@gmail.com Mark Davis MD, President of Healthnets Review Services

Maryland Board of Physicians: corruption or business as usual

20 Aug

Maryland Board of Physicians: corruption or business as usual

 

Imagine a State administrative authority that would spend hundreds of thousands of your hard earned tax dollars to chase a physician through the “judicial system for over a decade for paper compliance issues concerning five medical records, then you are imagining the Maryland Board of Physicians. A vindictive non-transparent process by this board was initiated on or about June of 2002 that culminated in a soviet style review with fake witnesses, suppression of data, false standards of care and a legal system starving to bring physicians to their knees culminated in a medical license revocation affecting four thousand patients. In the time it takes to sign a cease practice order these patients were bereft of their physician, many on class four diet pharmaceuticals, forcing this writer to abandon them in a single afternoon. Maryland government has a long history of corruption, now it has permeated the Board of Physicians. Lying and deception are their weapons of choice enabled by an Appellate Court system friendly to their every request. Maryland physicians face a very difficult road in the State’s judicial system even when the facts are in their favor. The case of this writer is especially noteworthy for the vicious way it was instituted and the illicit manner in which it was carried out. Maryland Board of Physicians obstructed this writer from defending himself at the Office of Administrative Hearings. Including but not limited to inhibiting the presentation of defendant expert witnesses, blocking the inclusion of exculpatory evidence and stifling the defendant’s presentation by the most extraordinary means possible. The state presented two physician witnesses. One was quickly discredited by the judge and the other witness was diminished by his own words. Utilization of the diet pharmaceutical Phentermine was the core issue. Maryland has an unusual standard to allow witnesses to be considered experts in a subject before a judicial panel. Dr. Ira Kaplan was allowed to testify as an expert on the drug Phentermine even though he had minimal exposure to the drug in his practice (claimed he used less than five times), had no specific education in the drug, never wrote any papers on the subject and never taught anyone on its structure or function. This was the only person the Maryland Board of Physicians would rely on this revoke a medical license. The Court never placed him under oath and he was free to lie and deceive per his coaching from the Board’s attorney. Administrative judges usually are partial to state boards, not in this case. Though two physicians must agree that a fellow physician was acting outside the standard of care, the state witnesses had opposing views. Under that scenario a third physician by “law” must reconcile the differences between them, no other doctor was brought into the case. Charges should never have been brought because of this conflict. The Administrative judge to his credit noted the anomalies in this case and found in the most part for this physician. Fake standards of care, specious expert witnesses and a dazzling display of legal tricks were utilized to stop this physician from practicing. Maryland Board of Physician’s politically appointed board, 40% of whom are not physicians out its 21 members, reversed the decision. The stench of a vindictive act was all over their findings because Board membership was acting outside their mandate and the law to remove a legitimately licensed physician from practice (see Maryland Legislature Report November 2011 concerning the Board’s illicit activities). A Harford County Circuit Court Judge questioned the Board’s activities in this case and found for this writer reversing the revocation. The Board’s last minute appeal to the Appellate division is one of the most interesting aspects of this case.

     Court of Special Appeals’ judges work as a triad that is in groups of three. Legal briefs are submitted by both sides in regards to a deficit in the findings of a lower Court perceived by either party. New information is not supposed to be entered except for clarification purposes. In this case the Board was the entity who was appealing the opinion of the lower court. The Lawyers representing the Board from the Attorney General’s Office deliberately obfuscated the evidence they presented, in two telephone size volumes.  Designed to confuse the most initiated mind in the law, the Board was successful in that regard. Earlier reference to three physician mode of review established by law in 2003 was completely abrogated by the triad. Instead they legislated from the bench allowing only one reviewer’s word to be sufficient to establish a basis for a medical license revocation. Precedent also established in this case allows any physician to represent themselves as a specialist even if they have only read an article on the subject they are to testify, as did Dr. Ira Kaplan. Worse, the court disregarded dozens of exculpatory items to give the board a win with an opinion so biased that Stalin would be smiling. The author now faces a mandate from this court to relinquish his licensed that is based on nebulous facts from a rogue board run end to end by attorneys. Physicians in Maryland must face a completely corrupt review process and in the end spend themselves into oblivion to defend charges before a Court system that is extremely biased against them. This case is not unique, yet its stench permeates the very halls where it originated. Physicians in the named university hospitals get a pass by the Board when the tides turn against them. It will be interesting to follow the medical board’s actions against the physicians who were hammered in two recent malpractice cases found for the plaintiffs, one payout is potentially for more than fifty million. The Maryland Legislature must become involved in the Board of Physician’s processes because this administrative entity is being used to silence physicians who are outspoken and not on the politically correct side of the argument. Mark Davis MD, President of Healthnets Review Services. Look for the national media to follow concerning this case.