Beaten in Court Maryland Board of Physicians hides their loss from the Public
Absent from this once great newspaper, the Baltimore Sun, was the win by Doctor Mark Geier against the Maryland Board of Physicians (Board) in the Circuit Court for Montgomery County (case# 371761 civil division). In his Opinion Judge Ronald Rubin sliced and diced the Board of Physicians for breach of medical privacy, for providing an array of false testimony to the court, failing to preserve emails, providing false witness concerning these emails and utilizing the Board’s legal machinery to deprecate a physician in the public domain.
Judge Rubin stated in his opinion: “If their (referring to the Board) testimony were to be believed, which the court does not, it is the worst case of collective memory amnesia in the history of Maryland government and on par with the collective memory failure on display at the Watergate hearings.” Judge Rubin was not aware of the Board’s history of corruption through suppressing evidence, utilizing legal chicanery and cherry-picking regulations to remove unpopular physicians from practice.
Baltimore Sun archives contain a series of articles hostile to Doctor Mark Geier. Yet not one word of the Board’s defeat in the Montgomery County Circuit Court. Beyond the archives this intrepid reporter attempted to contact several editors at the Baltimore Sun for an explanation why Judge Rubin’s opinion was not published on or about December 2017. Silence was the only answer I received. Perhaps this selective reporting is business as usual between a State of Maryland administrative agency and a newspaper that should have folded long ago.
Judge Rubin’s toxic decision against the Board is now on appeal in the Maryland Court of Special Appeals. Fourteen members of the Board, the Board’s lead attorney and its chief investigator were ordered to pay a total of 2.5 million dollars to Dr. Geier and his family. The current court, where this appeal is to be heard, is well-known for falling on the sword for the Board of Physicians. Facts do not matter to the Appeals’ judges only political loyalties and agendas. This court is well known for legislating from the bench.
A majority of physicians in Maryland are not aware of the Board’s irreverent behavior, as noted by Judge Rubin. Baltimore Sun’s blackout of this case is both sad and expected for this left ring rag. Worse none of the major radio stations covered this trial or Judge Rubin’s final opinion. Therefore, it is a moral imperative to inform the public, especially the physician community, the Maryland Board of Physicians is tainted from the top down requiring inspection, realignment and reconstruction by those empowered to do so. More to come.
Mark Davis, MD
Medicalboardusa.com Protecting Physicians from Medical Board Abuses
Medicalboardusa.com is a website designed to provide support to physicians who are under the duress of a medical board intervention and or a malicious malpractice case. When targeted physicians become isolated, their stance in the community is diminished and the economic drain is potentially enormous. With the latter in mind this site seeks to connect physicians with others who have been down this road and appropriate people who can protect them. Medicalboardusa.com seeks lawyers who are extremely cognizant of administrative law that governs medical practice. Medical Boards have counsel well versed in this segment of the law and their targets should have equal representation.
Medical Boards have moved on from oversight of their flock to confrontational assaults with physicians. When targeted a physician should expect the worst from their medical colleagues who sit on these tribunals. With the misuse of standards of care and complex regulatory structure medical boards now entrap physicians with bogus compliance cases. These actions are performed to improve their sanction numbers amongst the states. Studies of the Arizona, Texas and Maryland Medical Boards display they have been politicized to a point that they lost the purpose of their original intent. Case after case reviewed displayed only strong legal representation by a lawyer who knew his/her way around the regulatory mind field had successful outcomes. This site should be a first step for accused physicians to discuss their cases before answering any letter from a medical board inquiring about their practice.
Mark Davis MD
Maryland Board of Physicians: from Bad to Worse
Maryland Board of Physicians has touched many lives, unfortunately not in a positive manner. Coincident with several articles I wrote for the Baltimore Examiner, detailing the unscrupulous nature of this Board, the Maryland Legislature released a derogatory report against this entity in 2011. This report was entitled, Sunset Review: Evaluation of the State Board of Physicians and Related Health Advisory Committees. Embodied in its pages was supposed to be the framework from which the Board would improve its functions and effectuate processes that were honest and consistent with its written regulatory structure. Instead the Board went in another direction. In a series of deceptive reports to the Maryland Legislature over the years following the release of the Sunset Review the Board omitted its failures exemplifying a false front as stated in this article. Managed by lawyers, from the top down, due process has been cast into the fire as this Board cherry picks which laws it will follow.
Medical Boards have come under increasing scrutiny over the last decade. Both the Texas and Arizona Boards have assaulted physicians in merciless manners resulting in loss of licensure for hundreds of physicians who did nothing more than have an MD after their names. State Legislatures woke up and cleansed the slate of characters that managed these administrative entities. Maryland Board’s incessant misuse of standards of care to entrap physicians is a tragedy that needs correction too. In the author’s case the Maryland Board spent hundreds of thousands of dollars and an entire decade to rid the state of this physician over paper compliance issues. Time has come for the Maryland Legislature to investigate this corrupt entity and rid the Board of it’s over dependence on lawyers.
Maryland’s Legislature has taken a step back in its oversight of the Maryland Board of Physicians. Last time I looked physicians were also citizens of the state. Hence they deserved certain due process rights. Appearance of due process is not due process. The Board along with its attack dog the Attorney General’s Office have a routine they follow to keep physicians from their full rights. Through convoluted legalese physicians have had a rough time defending themselves in administrative hearings. The Board’s attorneys have developed strategies to keep physicians from presenting expert witnesses, exculpatory evidence and patient testimony. Case number DHMH SBP-71-07-05227 Mark Davis MD hearing before an administrative court exposes the outright suppression of a physician’s right to defend himself appropriately. The transcript should be read by any physician forced to participate in this Soviet style hearing before a state appointed judge.
With the failure of the Nikita Levy case, the failure to oversee excessive opioid prescribing and the misuse to standards of care to target certain physicians the Maryland Legislature should be compelled to take an independent review of the Board. This should be a review by people who are not friends or associates of the Board as the most recent review by its University connections. In a future article we will review why the Maryland Board of Physicians allowed Nikita Levy case to be hidden from view until it spilled over into the media.
Mark Davis MD
Medical Boards’ War against Physicians
Erratic behavior by state medical boards has come to light across a nation starving for health care. Physicians have become pawns in a game medical boards play to enhance their sanction numbers. Sick, twisted and disturbing medical practices have no place in the spectrum of health care. Yet the majority of physicians being sanctioned are for frivolous reasons. A review of medical board sanctions from several states displays the capriciousness of their interventions. Paper compliance is one scheme these administrative entities use to deprive physicians of medical licenses. Another is the use of the term standard of care. Embedded in Tort law this phrase has been abused beyond reason. Most repugnant is irrational regulatory structure legislated into law against physicians for the purpose of micromanaging a physician’s practice. Stepping outside the boundaries of one regulation ensnares a doctor into a system bent on destroying his career.
When the assault on a physician begins it is indelibly imprinted on the mind of the victim. Generally the inquisition is initiated with a subpoena or a notice of inquiry concerning a patient or patients. The cause of the action could be a complaint or randomly generated. In either case the physician is at the starting gate of a long process which will either be confrontative, intensely adversarial or a combination of both. Do not make the mistake of giving these errant boards anything more than requested. A smarter move would be to engage an attorney cognizant of Board procedure and regulation. This is very specialized area of the law not known to many attorneys. To go to war against an adversary with a big hammer one must have a hammer of his or her own. A board intent on sanctioning a physician, especially when the evidence goes in the opposite direction, will be successful unless the target is properly protected.
Medical Boards have exceeded their legislative mandates by perpetrating fraud on one entire segment of society, physicians. Prosecutorial misconduct is common against physicians who do not fall in line. In many cases the prosecution of individuals is so baseless it is openly apparently. The author will post a series of articles concerning his adventures in the nether world of deceit incurred against him by the Maryland Board of Physicians. The purpose of this writing and others to follow is to open a dialogue which will lead to physicians having proper guidance when confronting an outright assault on their careers.
Mark Davis MD
Lawyers and expert witnesses who would like to advertise their services on medicalboardusa.com please contact Dr. Davis at firstname.lastname@example.org