A Conspicuous Absence: Medical Board Complaints Against Doctors Who Told Their Patients to Stay Home Until Their Lips Turned Blue
Policies, Procedures, and Thoughts
Many doctors have been under investigation by various state medical boards across the country: from Oregon to California, Indiana, Texas, and more. At least in one case, one has been investigated since 2016 and another has 30 Complaints before a state medical board. California has a shortage of physicians, and many are leaving California just because of its regulatory medical board.
While this article will not consider the effects on the public, the access to care issues will need to eventually be addressed, especially if public health care becomes more difficult to establish or maintain.
How does this work, why is this happening, and what can be done?
You should know that ALL complaints to any medical board are investigated to the full, even if they are anonymous.
Not all “real” complaints of actual “medical harm” get reported to the medical boards. For example, imagine all the patients told to “stay home until your lips turn blue” or who made it into the hospital just to be put on a ventilator and given Remdesivir, who were harmed and/or died (alone).
Had all these families complained to the medical board and the Joint Commission of Hospital Organizations, as is open to public complaint, then they would have seen an increase in complaints. Those complaints each follow their own regulations, and would need to be properly investigated.
Medical Board of California Complaints: 5 Years
In direct contradiction, the 2020-2021 Annual Report of the Medical Board of California shows there are fewer complaints than in 2019-2020:
From the Medical Board of California’s (MBC) 2020-2021 Annual Report showing that in the last 5 fiscal years. After reaching a hiatus in 2018-2019 and despite all the terrible violations of the Hippocratic oath during the pandemic,there have been fewer and fewer complaints against licensed medical doctors. If the data are true, what are your conclusions? Think about it for a moment before scrolling down.
Where is the Public Outrage from the Pandemic?
Why do state medical boards have so much time to investigate anonymous complaints when so many have died from lack of care, being told to stay home until their lips turn blue?
When was that ever acceptable?
Where is the outrage that never made it to the medical boards? Or are the boards hiding this from everyone?
Blue Lips were Never in a Medical Student’s Repertoire
Never.
In my entire years of training, my Attending Physician would have put me on notice and complained to my Department Chair, if I had told one patient to stay home until their lips turned blue. For sure, Stanford woule have kicked me out of residency or Fellowship, and it would have been in great shame. My entire medical career would have been flawed because I would have been disciplined or put on probation - and that would have been reported on my transcript. More than that, every single state medical board would have asked me if I had ever been put on probation during medical school, internship, residency, or Fellowship - and my bad deed would have stained my career for the rest of my life.
Possible Medical Board Complaints
If the public wasn’t complaining about the killing doctors in white coats during the pandemic, what were they complaining about?
I conclude that if the MBC received fewer complaints over the pandemic years 2020 and 2021, a percentage of them were:
Ridiculous or anonymous complaints.
Only a few complaints occurred against oath-violations that caused harm.
Few actual complaints against licensed doctors who said “stay-at-home-until-your-lips-turn-blue”.
No “stay-at-home-until-your-lips-turn-blue” Hippocratic-oath violations made it into the mainstream news of any state in the nation. Correct me if I am wrong.
Doctors who did great harm and on a massive scale essentially got away with it.
Doctors who did the right thing were investigated for ridiculous complaints and were probably targeted for it.
Some doctors made mistakes that cause harm. They should be investigated. But honestly, every single doctor has made a mistake, so every single doctor cannot possibly deserve to be investigated to the point where they lose their license.
If a doctor made a committed or omitted care that caused harm, they should be investigated. But honestly, every single doctor has committed or omitted care due to human factors like loss of sleep, so every single doctor cannot possibly deserve to be investigated to the point where they lose their license.
If a doctor has never been investigated, they should not lose their license for one incident unless someone died or almost died.
If no patient was harmed, no doctor should lose their license.
But it doesn’t work that way. Doctors are losing their licenses without an instance of causing harm.
I would like to see the actual list of complaints from late 2020 to current. We know of some, listed below:
Examples of Medical Complaints Sent to Medical Boards
Recommending a supplement the patient could not find on the internet
Not taking your own child into the emergency room “early enough”
Vaccine exemptions, even if they are clinically appropriate
Patient treated with intravenous therapies for addiction
Patient weaned off benzodiazepines
The doctor being unable to put the patient back on disability
Prescribing ivermectin
Prescribing hydroxychloroquine
Not managing appropriate thyroid hormone replacement
Maybe the public can help the medical boards do their job - to investigate doctors who caused harm.
I wrote this to document what I am learning about the medical board process.
The Scope of a Medical Board
Medical Boards are assigned the task to investigate reckless practices like a physician: performing battery or gross negligence where a patient died, showing up intoxicated, having sex with patients, and other legitimate complaints.
But are they now taking complaints too far?
MBC puts a “star” on their stationary to imply they are “law enforcement” and doctors are “being policed”.
Some doctors say these things are changing, because one factor in any complaint is that the patient MUST have been harmed AND that a legitimate accusation still has to follow ALL the processes of law.
Why are Doctors Being Investigated?
Different theories abound as to why medical boards are revoking doctors’ licenses. This has led to doctors fleeing California to start practice in other states, or to seek board licensure from an alternative medical board like FirstNationMedicalBoard.com.
Questions:
Are boards weeding out alternative medicine doctors in the state?
Are the Attorney-General board lawyers seeking maximal physician discipline and more convictions to gain a “favorable career move”. State-paid lawyers who work for the board are not allowed to do this.
Did the doctor do something wrong that caused harm?
The Order of Things: Complaint - Request for Investigation - Accusation - Hearing to Present Evidence, Medical Experts, Witnesses
The California Medical Board may sometimes implicate a doctor in an accusation, used as evidence, then hold an interview as a perfunctory procedure. The ultimate accusations may be different than the actual interview, as if the interview contributed any information or defense.
The doctors of the medical board may do so as a full time job, having no full-time practice of medicine. The lawyers working for the AG Office may not be quite so skilled in their profession, and can make 5-10 x more income form a private law firm.
The medical boards may seek cases that seem “easy”, investigating a solo practitioner instead of a doctor in a large group (that would retain a bigger law firm).
After a complaint, some doctors get an interview (or five), then a “chance to surrender their license”, then a hearing. Note the order of things: no evidence or witness statements have yet been submitted to the doctor. And no hearing has been held.
A Summary Statement from a Lawyer Who Regularly Defends Medical Board Cases:
“I’ve never heard of a medical board that knew what they were doing.”
Did the Doctor Do Something Wrong?
Each doctor answers this question for themselves. If they find they did nothing wrong, they need to defend their case and not necessary just “give in” to do something like “surrender” their license before a hearing.
Requesting a hearing does not preclude a doctor from settling or surrendering their license; this can be done any time after requesting a hearing. But if the doctor does not request a hearing by filling out the Accusation’s “Notice of Defense” within 15 days after receiving the Accusation, they automatically forfeit their right to a hearing or defense and the board can make a unilateral determination.
Some Boards May Try to Levy the Heaviest Discipline
As if they are simply out to “silence” a group of doctors perceived to behave a certain way, some boards go straight for the jugular. They may follow nonjurisdictional methods, skipping or omitting basic components of their own regulations.
Four components of an accusation need to be proven: Duty, Breach of Duty, Standard of Care, and Harm. All 4 have to be met.
Duty: What a doctor does.
Breach of Duty and Negligence: What a doctor failed to do.
Unprofessional conduct: Being intoxicated, etc.
Incompetence: The doctor failed to know what they were supposed to do. Its defense requires a doctor prove that they are competent.
Some medical boards expect that a doctor in a solo practice may be easy to defeat. Lawyers can defend the process of law, and demand fairness of the medical board in a polite manner, loading them up with motions to dismiss, until the board realizes the doctor will not be a pushover.
Responsible Doctors. Doctors and their lawyers must know the Constitution, and then determine what the board has already wrongly done. Bit by bit, it may be that each accusation has no technical merit.
Medical boards may not operate on such civilized concepts as,
“Can we be reasonable?
Instead, some are purely arrogant.
Judges. Medical boards do not operate like a normal court of law. They can just listen to the prosecutor, disregard the doctor’s defense lawyer, and do whatever they want (after all that money has been spent on defense). That means that after medical experts, witnesses, and any additional evidence has been produced, the attorney general can disregard everything and revoke a doctor’s license anyway.
At least one California medical doctor reportedly wrote 1 clinically-appropriate letter of vaccine exemption (the action violates no CDC guidelines), and still lost their license. For one genuine letter.
The medical board can also refuse to hear a defense lawyer, essentially forcing the doctor to be their own lawyer, in which case their lawyer to sit next to them but not address the Judge.
(There is no jury)
Then the lawyer would say, “Object” and the doctor would say, “Object” and the whole hearing continues with a double-sided conversation from the defense.
Stand in Your Power
Doctors can stand in pro se, in your own power.
The doctor is the only one here who really knows what she/he are talking about. The board can throw all their credentials toward doctors, but only the patient’s doctor knows what they were thinking, what they were doing.
Doctors are Reasonable
Doctors do not try to convince the Judge about clinical management, whether allopathic and traditional, functional or alternative medicine. They do not defend why a certain drug works for a particular diagnosis, nor cite research.
That does not work because boards generally do not want to listen to reason or to medical issues; the doctor’s defense is not about being reasonable - it is about jurisdiction, law.
The doctor also needs to separate herself from strange, kooky physicians who are out there practicing snake medicine.
The board’s contention is that you don’t care. Doctors need to show they are a human, vulnerable, and caring physician.
At the same time, doctors need to bring lots of documents, those that will support their decisions in medical care; they should be organized and easily available to the fingertips.
Medical Experts Hired by the Medical Boards
Doctors may cross-examine the medical board’s medical expert, who may never have prescribed the medication in question, and may never have treated a patient with the same diagnoses at hand.
Many board doctors may have no experience treating the diagnosis your patient had, nor writing papers about it. They may have no expertise at all.
If the board’s own medical experts can be discounted, the board has no accusation.
If the medical board cannot prove the jurisdictional elements, their argument becomes flimsy.
Writing a Medical Exemptions for Vaccines
Nothing in the CDC guideline states any guidance or regulation about writing a vaccine exemption.
The CDC has a “vaccine guide”; it is a “guide” on whether a child presenting for today should get a vaccine, i.e., it does not preclude the patient from getting a vaccine tomorrow.
The Judge can claim that a vaccine is the “Standard of Care” as a defense under the vaccine guide. However, it is not the Standard of Care - there are no scientific papers on it, no expert statements, no CDC publications. Therefore, the “standard of care” is not a defense - because there is no law or written reference against a physician writing a vaccine exemption.
Nevertheless, at least one doctor in California reportedly lost their medical license for writing one appropriate letter of vaccine exemption.
Duty to the Public and Personal Malfeasance
The Board has a duty to the public, but they have no right to pick on doctors and revoke their licenses.
In California in particular, this is malfeasance outside their authority, so doctors can hold them personally responsible under liability insurance.
The medical boards are not required to be reasonable or professional: there may not be good board leadership that keeps order in their house.
Board members and Judges can be allowed to do what they want and when they want. Nor are they necessarily required to and stay within their own regulations.
Medical Board mission statements may allow a proper, vigorous, and objective manner to enforce their regulations that rightfully defend the public against gross negligence or repeated offenders. All patients must have suffered harm.
Medical Board Defense Attorneys
Doctors need to have the emotional support of their defense lawyer, and that they have confidence in the doctor they are protecting. If your lawyer loves you, as a client, then the Judge cannot help but see that love.
Closing arguments can be done by the doctor, the lawyer, or both at the same time.
The human factor cannot be underestimated.
Nor can the public factor.
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