Re: TX doctor wins 2.5M peer review suit- and lost at least that much in the process (long)

From: JD Stewart,MD (jdstewartmfmob@sbcglobal.net)
Wed Oct 25 12:49:52 2006


For the newly arrived, sham peer review is all and always will be about money.

There is a real eye opener for you practicing docs that haven't had the pleasure of going through the grinder of a hospital or health system driven economic purge done through the peer review process. Those in successful private practice, particularly solo are most vulnerable. If the Goliath wants to own you or your patient pool, and you are not willing to sell out, then you are a sitting duck for this kind of nightmare.

There are million dollar law firms with likely YOUR hospital as clients specializing in this area who give seminars and workshops on Using the Peer Review Process to "manage" your medical staff.. detailing just how far they can go and still stay just short of being successfully sued as this case in Texas. The medical staff office spends its lunch hours listening to these tapes. See <<http://www.hortyspringer.com/>>

Your colleagues and competitors can and will say just about anything during the "secret investigation" portion of these hearings, which you will learn about after it is all over, and it is disheartening to realize just how cheaply our colleagues can be bought...

Advice learned the hard way...try and keep privileges with at least 2 hospitals at all times, keep up with your medical records, and keep separate copies of your own medical charts if you suspect a coup is in the works.

Be prepared if you find your practice and your livelihood is in jeopardy to spend thousands of dollars and many, many hours defending yourself.

In many ways, this is MORE stressful than a single malpractice suit, as ALL your life and medical practice and ALL your cases are fair game, and it is stacked against you as far as being able to have legal representation, fair notice, any right to cross examination or even knowing the alleged complaints against you.

There is no double jeopardy principle-- if they cannot find a successful outcome with a particular case and "expert", they will certainly find a waiting list of willing doctors who will say anything for a fee and come back again and again.

And, as a corollary to Joe's comment about the "rat's assh*le"- - the lawyers involved will not only shove the rat's assh*le on your finger, but charge you for a wedding ring....

At Sun, 22 Oct 2006, Douglas Krell wrote: >
>I believe the peer-review process should be a completely educational and
>non-punative
>exercise for the benefit of physicians and patients. If any discoveries
>through
>peer review lead to the conclusion that patient safety is threatened, the
>issue should
>be formally investigated by non-biased participants.
>
>--
>Douglas Krell MD
>
>>From: dahmd@cfl.rr.com (D. Ashley Hill)
>>Reply-To: ob-gyn-l@obgyn.net
>>To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net>
>>Subject: Re: TX doctor wins 2.5M peer review suit
>>Date: Sun, 22 Oct 2006 12:54:18 -0500
>>
>>At Sun, 22 Oct 2006, DoctorJoe@aol.com wrote:
>> >
>>Using the most dangerous phrase in medicine "in my experience," I have
>>seen marginal physicians threaten restraint of trade suits against
>>well-meaning peer-review members. My concern with the lawsuit mentioned
>>on this thread is that someone putting vacuums on face presentations,
>>using fundal pressure to deliver shoulder dystocias, and performing
>>hysterectomies on women without any indications sue his or her
>>"competitors" on the peer-review committee after they suspend
>>privileges. I have not been exposed to unfair peer review but I'm sure
>>it exists, and likely more often in smaller communities. I wonder if
>>anyone has a unique system that works better than local peer review to
>>solve this problem.
>>
>>Ashley
>>
>> >In a message dated 10/21/06 6:41:18 PM, dahmd@cfl.rr.com writes:
>> >
>> >> I agree with Garry that there is no hope for peer-review if you can
>>make
>> >> millions by claiming "restraint of trade" every time someone questions
>> >> your clinical skills (of course, I do not know the details of the case
>> >> in question).
>> >>
>> >Well, remember you can't make anything by CLAIMING something. You have to
>> >actually PROVE it, and prove disqualification for any immunities granted
>>by law,
>> >etc., etc., etc. These (winning) cases are FEW AND FAR BETWEEN. The
>> >competitors (or hospital employees) making up these committees usually
>>"get away with
>> >murder" on these cases. Most are tossed out on motions of summary
>>judgement.
>> >
>> >Joe P.
>>
>>--
>>D. Ashley Hill, MD
>>Associate Director
>>Department of Obstetrics and Gynecology
>>Florida Hospital Family Practice Residency
>>Medical Director, Loch Haven Ob/Gyn Group
>>Division Director, Dept. of Ob/Gyn, Florida Hospital Orlando
>>Orlando, Florida
>

--
JD. Stewart, MD
MFM up too late all night, every night




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