A Heartwarming Story. Resident Sues Hospital. And Wins.

11 thoughts on “A Heartwarming Story. Resident Sues Hospital. And Wins.”

1. Was there any personal liability for the assholes who perpetrated the above through their own malfeasance, misfeasance, and nonfeasance? if not, explain.

   • I doubt it. They likely were acting in their roles as employees of the institution. So the institution took the heat. As to whether they lost their jobs, don’t know.

2. good for him!!! The administrators, residency director were all
   clueless as to the process they set up to deal with possible drug abuse among their doctors. I think in the future, they will be better informed!!! Hahahah

3. As far as I know, I do not have ADHD. But who knows. Sometimes I tend to bite the mucosa inside my mouth, perhaps nervously. When I was a surgical resident, I was “jittery.” I was the only DPM resident at the VA and Army hospital. I knew I was being watched by everyone, or for any possible mistake. I assume that DOs also were during those years.

   I was never reported for potential substance abuse, but nowadays, I could see it happening. It is very unusual for residents to win lawsuits against any employer, much less get a financial redress.

   Cartoonist Scott Adams (Dilbert), himself somewhat ADHD, has declared that EVERYTHING you attempt to do now, has at least 3 levels of difficulty and a built-in unlikelihood of completion.

   He states that this happens because of the new pattern of regulations and acres of paper and software obstructing every attempt. He adds to that “a generalized incompetence.”

   Looks like that happened to this resident. He was very willing to be tested. Never happened. Why not?

   Dilbert Rules.

   Michael M. Rosenblatt, DPM

4. I do have ADD. Trust me, it’s a PITA. (My internist once told me I couldn’t have ADD – I’m a dentist. He’s no longer my internist for this and other reasons.) I would hope that if a resident has ADD or ADHD they should tell someone in their program because staying focused is a challenge, getting adequate rest (when possible) is a challenge, sitting or standing relatively still for extended periods is a challenge. Been there, done that, still doing that. Shame on his hospital for dropping the ball big-time. Kudos to Dr. Farmer for standing up to them, winning and persevering.

5. This article should be forwarded to all program directors so they don’t repeat these mistakes.

6. This is NOT over for this Doctor. We see this all of the time. A doctor has a very remote chance of winning. And, he wins. Then, down the road, “something” happens, like a SHAM PEER REVIEW or he is set up, but this time, it is well done with significant amount of documentation, with some of these meeting actually happened. And, the Director of Nursing will be asked to get involved and put the word out to the Nurses to “be on the lookout” ) ,BOLO, for anything that can be documented. Then, the real games begin, and this time, this doctor will not prevail.

   This is not Medical Malpractice. This is the abuse of the physician Peer Review statutes. Much quicker to get Data Banked ( 30 days) and then, a severe hit to his career.

   Richard Willner, Exective Director
   The Center for Peer Review Justice.

7. Sham peer review. That is all one needs to know. Everyone followed the rules, except those that were exculpatory to the physician. Is this a rare occurrence? Unfortunately not. The Association of American Physicians and Surgeons have been documenting this kind of harassment for years. Did the doctor actually get paid? Was it not clawed back on appeal? Will this follow him in his career forever? Yes. Will he ever be exonerated and his record expunged? Nope. So no real justice has been done. What about all of the people who aided and abetted this tragedy? Will they ever be punished? Will the board of medical licensure in KY (known to be one of the most severe in the US at punishing physicians), ever be punished for its actions, acting “in good faith” “for the protection of patients”? Of course not. Until such time as the scales of justice are made level, there will be no justice for physicians. Kentucky due to its board of medicine is likely to continue losing 2/3 of its medical school graduates to other states with fairer boards of medicine and a fairer practice environment. Oh, by the way, what was the patient harm in this case? None that can be discerned. So what patient injury came out of this that should cause such draconian punishment to the physician? None. Yet this travesty of justice continued. Why go to medical school and residency to have a target painted on one’s back? Is there any wonder there is still decades later an ongoing shortage of physicians? Physicians are viewed, as a former board member of a hospital said decades ago to the assembled medical staff, “You are no better than the people that sweep the floor, and you are just as easily replaced”. A former federal official who went to work for a hospital system (as their compliance and ethics guru), said to an assembled group of medical staff presidents from multiple different hospitals, “I have put more of you (physicians) away than I care to count”. These folks permeate medicine and medical practice. They make it untenable to work in hospital system environments that physicians are being to forced to work in due to economic circumstances. Eventually the system will fall under its own weight. When it does, perhaps medicine can be resurrected, with physicians being viewed as the self sacrificing noble people that they are.

8. How many federal laws are there? Don’t know? Well, there have been serious investigations on this very topic by the government and by the House and Senate committees and their answer is that no body knows. There are too many laws. And the regulators essentially make a zillion more laws. And the regulators hire private contractors whom can easily find alleged wrong doing ( medically unnecessary anyone?) and using the False Claims Act ( $22000 fine for each claim) literally destroy a very easy target… a physician or a surgeon.

   Regarding Sham Peer Review, Larry Huntoon from the AASP and I spoke to each other after my second lecture to them. I was delighted that Larry got involved. And, the Center for Peer Review Justice was born after I got rid of EVERY state board member of the North Dakota Board of Podiatric Medicine ( 2000-2003). I did not use lawyers, just an incredible quantity of negative PR and the board members were fired or resigned.

   Sham Peer Review or a better name is “Physician Peer Review Fraud”, is legal and here to stay. I am pragmatic. But, that does not mean that we roll over and play dead. We fight, but fight smart. Its not all bad news. Doctors, usually surgeons, can survive this, and I urge those who are targeted to consult with me as I do have 23 years of experience in working these cases without going to Court. Everyone is very angry and wants their day in Court. But, reality is that the chance of winning is very remote. This is not medical malpractice where the physician wins perhaps 80-90 percent of the time. Lawyers are involved, but, not too involved, hopefully, as we try to calm the seas, and keep the damage to a minimum.

9. So, in other words, if someone wants to be a physician, they need to carefully choose the state they practice in? Damn. I got depressed reading all of the responses. Definitely not a good situation.

10. Unbelievable abuse of power over a poor resident working 70-80 hours per week. For all I know, most residents might look like they are “on something” because they are sleep deprived. Well done. I thank the Court for understanding the injustice involved in this issue. Unfortunately, many residents like him gets ran over by corporate lawyers of the hospital. This is a little guy getting justice against a huge organization that has no consideration for individual residents.

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