Bunch of articles and comments on the internet don't exactly convince me much. Besides, all you hear is one side of the story. Kind of like the multiple "unfair" dismissals from residency programs, that turn out to be legit once you see both sides of the story, and not just the "wronged" resident's side.
Yes, this is why I suggested that using the starting point of people who are willing to put their real life names and faces to a professional forum, might be a place to start. Many invite people to discuss with them privately their experiences, and some of them have things they would share supporting their side of the story. Expecting a court of law level of evidence outside of court is unreasonable. Neither do I suggest taking anything at face value. I also suggested talking to people who have first hand experience with the medical board that are not necessarily the ones in hot water. I also suggested talking to people face to face even. I'm assuming as a physician you often take patient report of abuse at face value, I don't know why this would never apply to a fellow physician. But people believe what they want. If you're not willing to seek out more information from direct sources, it seems equally ridiculous to dismiss them out of hand as it is to just believe them.
You're either involved in medical board dealings, or you're not. If you're on the outside, it's easy to assume all is well.
There is no witch hunt at all, but there is concern that health issues might impact patient care. Would you like a schizophrenic doctor to operate on your wife? I'm sure if the doctor was treated it would be fine, but the medical board is there to protect the patient, not the doctor. If they feel a mental health issue is a hindrance, you can bet there will be sanctions ("witch hunt" if you want to call it that).
You are trying to prove a negative. I have suggested ways to investigate that witch hunts occur. Just because you don't think there is one, doesn't mean there isn't one. Nor did I ever suggest that medical boards trying to protect patients or even having sanctions on mentally ill docs is a witch hunt. What I mean to say, is that some mentally ill doctors are subjected to unnecessary and unfair practices by the medical board and the profession, that in some cases amounts to a witch hunt. The example I gave, where a medical board VIOLATED LAW to go after a physician - to me I would put that in witch hunt territory. If breaking the law to go after someone doesn't qualify as a witch hunt, I'm not sure what does.
If those physicians are sheltering their patients from the medical board, they're unethical and likely breaking the law. Would you like your wife to be operated on by a schizophrenic doctor that needs treatment, but not getting treatment because his physician is "sheltering" him from the medical board?
Physicians have a duty to report other physicians who are impaired to practice medicine, to the medical board, even breaking doctor/patient confidentiality that would otherwise apply. Where did I state that such physicians were violating their ethical duty to report by "sheltering," or that they should? I understand that you misunderstood.
An example of "sheltering" would be when a medical board contacts a medical provider without either a subpoena or a release of health information from the physician/patient, to gain confidential medical information, and the provider doesn't break the law and confidentiality to provide it. Besides duty to report impairment, if the provider does not believe or have evidence there is impairment, guess what? They don't have to answer those questions, but believe me, the board will demand answers they have no legal right to, and put pressure on. If you don't believe me, there's plenty of attorneys who specialize in board dealings that can share their experience on that front. Why do you think those law offices exist?
Other ways a provider might "shelter" someone from the medical board, would relate to how documentation is done - but nowhere do I suggest that a provider ever do documentation that is not 100% honest, accurate for providing the best medical care, or that would hide a patient's danger to self or others.
If one doesn't think that it's possible to look at someone's medical record and see evidence of a provider's bias for/against, or where a 3rd party could twist what's there to a jury or medical board, I wonder about reading comprehension. Providers who are adept in how documentation is perceived when it exits the medical sphere and enters the legal one, know that this absolutely can be the case, and documentation in that case is not just a matter of what is medically accurate or necessary, but also how it conforms to law. Which I've been told more than once by many qualified individuals during my time in healthcare, that physicians are often woefully ignorant of that side of things. That's the basis of a lot of malpractice cases, and it's one place that physicians who are ever subpoenaed and testify in court, will see how what they say is twisted. That's the "art" of documenting from a medicolegal perspective. None of this has to do with being unethical, breaking the law, hiding impairment, or being dishonest. If you don't think there's latitude within all of this for how you write your notes, I suggest you consult an attorney who specializes in medical documentation to help school you on this aspect of practice.
Physicians that one way or the other, see their note burn people in ways that are NOT in keeping with their objective evaluation of a situation, learn to document differently.
Would you shelter from the medical board your partner who's an alcoholic? At least in Ohio, if you know it and don't report it, you're just as liable (and yes, you WILL likely lose your medical license for not reporting it).
No, of course not. That's ridiculous and not at all what I suggested, but it seems like you think I did. So the answer is no, that is not what I mean by sheltering, and no, I do not suggest doing anything illegal or shirking any ethical duties, or acting in any way that endangers a patient. Although it's been pointed out to me by those that specialize in treating fellow physicians, that you also consider how what you do endangers your own patient, the physician. Your list of considerations and ethical duties don't diminish, they increase. You must be fair to all involved, and careful in both your judgement and documentation.
Thank goodness for that! I wouldn't want a physician doing investigations, any more than I want a detective to do surgery. Investigation is their skill. However, once the evidence is collected, a physician needs to go over it to determine if there's validity to the complaint (typically expert witness physicians).
The point isn't that you have someone who is skilled at investigation investigating, that's great. The point is that when you are using people who are used to enforcing the law to catch criminals, you risk treating physicians being investigated, as criminals. You seriously think that only the upside applies here? There are attorneys in numerous positions that would say otherwise. I'm not even talking defense attorneys. Prosecutors can tell you the issues they have in investigations when police or other investigators are not impartial.
So after all your arguments and complaining, you say this, which basically is the whole point for the existence of medical boards. To uphold the law and protect patients from physicians who should not be practicing medicine.
I never said I had an issue with the existence and purpose of medical boards. Here's a question. Do you think medical boards do a perfect job of protecting the public from physicians who should not be practicing? I'm going to assume the answer is no. So why assume they do a perfect of job when it comes to sanctioning physicians? It makes zero sense. Yes, they only lack sensitivity, not specificity (they only miss bad docs, they are never unfair to others).
You're wrong, however, that medical boards have "almost" unilateral power. They absolutely have unilateral power. They give you the license, they can take it away if you break the rules. Trying to rally physicians to revolt against medical boards is like rallying drivers to revolt against the Bureau of Motor Vehicles. Driving is a privilege, not a right. The BMV gave you the privilege to drive by granting you a license, and they have unilateral power to take that license away. Likewise with the state medical board. Practicing medicine is a privilege, not a right.
I said almost, because there are in fact very rare cases where the medical board has been challenged on legal grounds, and either faced consequences or had some of their decisions reviewed or overturned. The medical board itself has not legal power beyond what is written in the legislature of a given state. It is also subject to law, and that law is subject to change. As is the policy that many medical boards create, if the law gives them latitude to create that policy. It's interesting reading in the states where finding that law is not too difficult to find.
Having the state medical board grant you a license to practice medicine and then you revolting against the medical board makes absolutely no sense...unless you don't want to practice medicine anymore.
Yep. And nowhere did I suggest a revolt against the medical board. I think you're actually confusing me with the poster to whom you replied earlier, when I quoted your response to them. I'm making it clear to people that the medical board has a lot of power. I'm the first person on this board to say the system is unfair, but then people don't hear the direct follow up with is being the first person to say
keep your head down and avoid trouble at all costs. The closest I come to making waves, is in an anonymous internet forum telling people that they actually should fear the medical board, not only because they're powerful, but because just as with our justice system (and the medical board is an extension of that) justice is not always served. Don't get arrested, even if you're innocent.
Of course there are abuses in the system, but you make it sound like most physicians get screwed and we must revolt. "We need to band together and fight for our rights as physicians, together against this legal system that is killing us!" - Practicing medicine IS NOT A RIGHT. It's a privilege. If you don't believe me, ask the medical board that granted you your license, they'll be more than glad to remind you.
Yep, you got me confused with someone else. I'm also one of the first on here to say that having a license is a privilege - and I don't mean privilege like "oh aren't you so well behaved!" I mean privilege like you're not entitled to it, and it can be taken away from you at any time. The assumption by so many is that it's so hard to lose your license. Funny how it's mostly licensed docs telling you that. There's a contingent that HAVE lost their license, that will tell you having one is indeed a privilege, some will say it was lost more easily than they otherwise expected.
Personally I don't know of a single case that didn't deserve to be sanctioned by the medical board in Ohio, not a single one. I'm sure there are out there, but in Ohio they're as rare as leprosy...
Congratulations for living in Ohio. We often say "the board" but the truth is each state is its own kingdom in its own way.