How the system hunts physicians who refuse to kneel

This forum made possible through the generous support of SDN members, donors, and sponsors. Thank you.
@Crayola227 My reaction was much the same as yours. A deeper dive suggests this was an ugly divorce case, and really has nothing to do with medicine.

The author puts more details out in an associated podcast on KevinMD:
Atharva Joshi: So I am a family physician. I was previously based out of this tiny island called Molokai, Hawaii. Ever since the last two doctors died, Dr. Thomas and Dr. Luli, they haven’t had a single doctor on the island who could take care of everybody there. So for the last few years at least, there was no doctor. Molokai is a very small island in the middle of the Hawaiian Island chain. You get a nine-seater Cessna that comes about twice a week if you’re lucky and the weather holds. So I was really out there.

Kevin Pho: All right, so tell us about your story. What made you write on KevinMD?

Atharva Joshi: This story wasn’t about why me and my children’s mother were together or why we separated or what went wrong between two people, but it’s about what happens when a system decided that someone like me doesn’t deserve to be a father. Not because I caused harm, not because I was a danger, but because of how I was born, how I think, and what I refuse to kneel to. That’s the story I wanted to tell today. And everything else is really pretty irrelevant.

The gory legal details: I got a bunch of phone calls after I published, so I linked them in the comment section of the article, but this was never about my children’s mother. It’s about the system that handed her a loaded courtroom and a culture that told her it was OK to casually pull the trigger for an ultimatum.

The brief story is I was arrested by a SWAT team after a false shooting charge was filed. Charges were dismissed. No evidence. The window was created for abducting my children. Then I dealt with the initial rounds of criminal charges and arrest records manufactured with, again, no proof, some undeserved money paid to the state judiciary. Later, the government did me the favor of expunging its own mistakes.

Then I entered the family court system expecting restitution because the threat of erasing me from my children’s lives had been carried out. Along the way, of course, my home was destroyed. My dog was locked in a bathroom filled with broken glass, and risk-free defamation, slander, and libel was sprayed all over the internet.

Kevin Pho: So tell us what happened regarding your medical practice and how that interplayed with what you did professionally.

Atharva Joshi: So I basically got attacked on all six fronts simultaneously. They attacked me at my work. My investors pulled out. They attacked my culture. They attacked my spirituality and ethics. I got slandered publicly, and then they took my kids. As a result, I no longer have a home. I no longer have a practice. And that’s part of the reason I’m here in DC.

Kevin Pho: All right. And regarding some of the tactics they chose to attack you with, just from a professional standpoint as a physician, explain how they tried to attack you.

Atharva Joshi: It might be a little easier to start with how I struck back, and that might explain how I was attacked a little bit more line by line. At the end of the day, there’s that whole model minority script: sit down, shut up, save face. So I wrote a very restrained article, something publishable, something they couldn’t twist into “growling in the savage tongue” or “angry brown man,” because even in publishing, I still had to translate my fire into something palatable. Whereas the black coats and the black robes got to spit acid and call it procedure.

If you really want the details, this was taken well, well beyond me. This has everything to do with a court in Maui County accepting, for nine months unchallenged, the signed legal argument: “Petitioner’s false narrative regarding his caretaking lies his culture. Men did not babysit or care for children. That’s women’s work only.” Here’s the thing: I didn’t wear a Guan [assuming intended word] up to court. I wore scrubs or a suit, same as doctors Tom, Dick, and Harry.

So in one sentence, the Second Circuit court of Maui County entered the most ignorant precedent into law this century, erased my American identity, and rightly offended 1.3 billion people across two countries. That was the crux of their legal argument. They threw everything in the kitchen sink, attacked me on all those six fronts of functioning adulthood, and failing that, played the race card.
So it looks like he got divorced, lost custody of his children, and is blaming this all on his race/background. He states that the court records are all public - but they are all sealed. He did post his own rebuttal: Link to Rebuttal (Link was in the comments of the attached article). It's impossible to assess without seeing both sides, but it's clear that:

  • He refused to pay child support because he claimed that the children were kidnapped by his wife.
  • There was some sort of physical altercation between them, which he claims he was defending himself.
  • There were claims of alcohol and drug use, and DUI. He admits to rec MJ use. There was a DUI event but it is in the process of being "dismissed".
  • He appears to have been suicidal at one point (although IMHO this shouldn't impact any court verdict)
  • At one point, he was "threatening" them with a "decorative air rifle" that he reports was unable to fire anything. Unclear whether they knew it was non-functional. And also unclear why anyone would do this. I expect this is what caused SWAT to get called.

The overall rebuttal is full of rambling, pointless commentary. Like this:
1747748190495.png

Rebuttal:
1747748210812.png


EDIT: I have since discovered that the rebuttal needs to be read from the bottom up. So this crazy Q/A above is an answer to a different question. The whole thing remains very weirdly worded and strange, regardless.

His medical license is still active in HI without any issues or reports.

In any case, one wonders where SDN picks what it decides to highlight. This choice seems poor for a zillion reasons.
 
Last edited:
@Crayola227 My reaction was much the same as yours. A deeper dive suggests this was an ugly divorce case, and really has nothing to do with medicine.

The author puts more details out in an associated podcast on KevinMD:

So it looks like he got divorced, lost custody of his children, and is blaming this all on his race/background. He states that the court records are all public - but they are all sealed. He did post his own rebuttal: (Link was in the comments of the attached article). It's impossible to assess without seeing both sides, but it's clear that:
  • He refused to pay child support because he claimed that the children were kidnapped by his wife.
  • There was some sort of physical altercation between them, which he claims he was defending himself.
  • There were claims of alcohol and drug use, and DUI. He admits to rec MJ use. There was a DUI event but it is in the process of being "dismissed".
  • He appears to have been suicidal at one point (although IMHO this shouldn't impact any court verdict)
  • At one point, he was "threatening" them with a "decorative air rifle" that he reports was unable to fire anything. Unclear whether they knew it was non-functional. And also unclear why anyone would do this. I expect this is what caused SWAT to get called.

The overall rebuttal is full of rambling, pointless commentary. Like this:
View attachment 403899
Rebuttal:
View attachment 403900

His medical license is still active in HI without any issues or reports.

In any case, one wonders where SDN picks what it decides to highlight. This choice seems poor for a zillion reasons.

Jesus. Again I say, lol. Thank you for the context.

Yes, I suppose the more interesting thing is merely, what he proposes about what physicians can do to avoid persecution (be indispensable, create valuable system processes, publish, teach, create a positive presence of record, passive resistance in the form of not reacting to certain things) has value for physicians broadly.

I think if someone reads this and relates, I thought this was about someone being disciplined by medical administration. It read plausibly enough I figured it's probably happened in some form to someone somewhere. It's a shame it's not fully representative of what happened.

Like anything that doesn't turn out as expected, you have to just consider what was learned that might be valuable.

Subtract where he clearly is a problem over the line (fake gun??? Who does that?) But the domestic stuff pushes people a place possibly no work situation ever could. My justification being, I think this person based on actions done alone could deserve a way back, to children, to career, but obviously that would require reflection that also taking responsibility. And he may not be there, which is why we have a system that puts people on the bench to think it over. Not lost on me I teach this to my 3 year old now.

So, not totally without merit, but yes, an odd choice. I won't go hunting but I'm sure there are better stories of how systemic abuse does occur.
 
More lessons for anyone wasting their time. We should know how quickly someone can lose consciousness with strangulation, and how quickly it can return with release. And that it takes 5-10 minutes of hold to kill someone, who at that point is not fighting at all. Consider what it takes to just sit and hold something not moving that long.

We're not talking a single moment of an impulsive act.

I have a friend who worked as a prosecutor in the DA office.

His job was to try to explain this to a jury. The greatest predictor besides ownership of a gun, that domestic violence turns fatal is if the perpetrator lays hands on the victim's throat. It's premeditated and it isn't "self defense."

No wonder she was on meds. What a scumbag.
 
This is such a weird case—and I’m not inclined to give a person who is caught strangling their SO the benefit of the doubt, tbh—but if he still has an unrestricted license, I find it hard to believe he couldn’t find a job on any of the other islands if he wanted to. Also, don’t assault people.
 
This is such a weird case—and I’m not inclined to give a person who is caught strangling their SO the benefit of the doubt, tbh—but if he still has an unrestricted license, I find it hard to believe he couldn’t find a job on any of the other islands if he wanted to. Also, don’t assault people.
Agreed. I take back what I said, I wrote that response having glossed over the strangulation.

Why would KevinMD even publish this??
 
I fixed my post above - the link to the rebuttal was all wonky, now it should work.

In re-reading it, I noticed that the pages are backwards. You need to start at the bottom, and read up. That way, if a question is at the bottom of one page, the answer is actually at the top of the superior page. It makes more sense that way (although still not all that much sense).

@Crayola227 That doesn't make terribly much difference, but read that way the document says that he denies choking her. Well, actually, it doesn't. It just says that she chased him into a bathroom where the "window was suspended 30 feet up" (which I assume means it was 30 ft to the ground from outside the window, a window 30 ft above your toilet would be interesting for sure), and he defended himself. Which seems bogus.

It really is bizarre. And not surprisingly in this mess, regardless of whom is telling the truth (or more likely, the truth is something other than either side of the story), I would expect him to be put on leave over something this crazy. He still has his license, and he can still practice elsewhere.
 
Last edited:
I agree that there’s a third side to the story, but I don’t really think it’s in this guy’s best interest to post grandiose, rambling manifestos when some of the claims involve his mental state, especially when it sounds like there is still pending litigation. If he has a lawyer (he should), they need to bring him back to earth.

He graduated in 2023 and said this had been going on for 9 months in March of this year. That means he, at the most, had been on the job for a little under a year when things went sideways. I agree that he played a very important role as the only doctor in an underserved area, but it’s not like he was a long-standing pillar of the community. Per Wiki, that community is actually quite diverse, as is Maui county, so it’s not like he’s being run out of rural Nebraska. I strongly doubt the town was actively trying to get rid of him before all this stuff unless it was already manifesting in other ways.

If you want child custody, you don’t hit the trifecta of domestic violence accusations, a DUI arrest, and a suicide attempt. He admits to all three in his “rebuttal” and basically confirms some of the DV and the attempt. No family court judge is going to consider him a safe caregiver at that point. He denies the DUI because he “got into 2 med schools straight out of high school, clearly I’m smart and wouldn’t throw this all away” (paraphrased). I don’t think a jury will love that one, but even if true, he also talks about how brave he was with his attempt, which quite literally would have thrown everything away.

We’ve all seen instances where people get harmed by cultural biases, and it sucks and is completely unfair. This reads way more as a major stressor caused significant behavioral problems, and unfortunately for him, he lost his job and family. That pattern will get you fired from pretty much any job, and plenty of spouses would leave. Blaming this on culture kinda hurts those who actually experience bias because this is so clearly not the case here.

He may still have his license, but I’d imagine most employers reach out to your last practice. Even if they don’t, this wild story is a top Google hit for his name. He may have torpedoed any chance for employment, but I guess he could just set up his own practice.

I hope he continues to get help and is in a better place.
 
Top