Posted on 05/21/2005 7:15:04 AM PDT by nuconvert
Many nurses are intimidated of doc's.
Although most hospitals are preaching autonomy for nurses, the bottom line is they give the orders.
And yes, it is our responsibility to moniter them and make sure things are always in the patients best interest, but going toe to toe with them can be frightening.
The law does not require you to report what you are not aware of.
However, if a breach of the standard of care is observed by a Nurse, then the law requires that the Nurse report it.
That is the way it is with all law.
If your pervert buddy was molesting kids in his basement and you didn't know about it, nobody will blame you.
If your pervert buddy was molesting kids in his basement and you knew about it and said nothing, then you are in deep kim chee right along with him.
Who is going to enforce it? The Code of Silence trumps all that and I would be interested to see what percentage ,if any, cases have EVER been prosecuted out of the literally millions of instances of malpractice.
Evidently not in Florida.
My point is that Dr's protect their own. It isn't the AMA boogeyman. It's the AMA money, the AMA dr's and the AMA lawyers. There's no tinfoil in the influence they have.
The subject was State Medical Boards.
You implied that they are worthless because "Doctors" are involved.
I pointed out that the State Medical Boards have members of the general public and encouraged you to volunteer for your State Board to counteract whatever hanky-panky you suspect at the State Bord level.
You then reply that "Doctors protect their own".
All I am seeing is circular whining with the AMA thrown in.
O.K., fine.
If Nurses see malpractice, they should break the law and keep their mouths shut because "Doctors protect their own".
If laymen see malpractice, they should not even bother to go to the State Licensing Board because there are doctors on State Boards and "Doctors protect their own".
Now, everybody is a helpless victim.
Everybody happy now?
Having said that, the mark of excellence, at least in my field, is board certification. I am a diplomate of my professional board and board certified literally means expert in the field. It is possible to practice, at least some areas, unboard certified.
In Florida, consumers can pull up a license on the state web site and see if ever there has been sanction against the license, etc. The National Practicioners Databank is a double edge sword. Any lawsuits are recorded there, regardless of the result. Accordingly, someone may have been friviously sued, and the whole thing thrown out, or the physician exonerated, and the NPDB will still report a lawsuit.
I agree with one thing said, ask the physician questions, and see if you are comfortable. If you are not, there is no shame in going elsewhere.
Let's assume that St. Elsewhere Hospital is a Hospital run for the doctors and by the doctors. Even then, you have options.
Reports to the State Licensing Board will be treated confidentially.
All you have to do is document that Patient A had this or that done on such a date and a State investigator will be complicating that doctor's life for the next 6 months.
Good point.
Geez.
You wanna see "Code of Silence"?
Read over this thread!!!
Here I am, an M.D. preaching about Duty and Honor and the legal duty to report the incompetent SOB's, and everybody and their pet hamster is making excuses about why it can't possibly work!
Actually, the subject was Dr's protecting their own. You seem to be in denial that that happens. It happens in every profession. The problem is, (as I originally stated), when it's the medical profession, people are injured or killed.
"If Nurses see malpractice, they should break the law and keep their mouths shut because "Doctors protect their own".
If laymen see malpractice, they should not even bother to go to the State Licensing Board because there are doctors on State Boards and "Doctors protect their own"."
That is a bunch of nonsense. Dr's being allowed to continue to practice or move and practice in another state has been an ongoing problem for decades. Do you think that if Dr's wanted to put a stop to that practice,(as I suppose you might) that they couldn't introduce legislation to do so? Or do you think the AMA (the boogeyman)(you'd better put on your tin foil hat), might not support that idea and fight against you?
Maybe you have a reason this dangerous situation has been permitted to continue?
1984 During his residency, Dr. Patel was disciplined by the New York State Board for Professional Medical Conduct (BPMC) for entering patient histories and physicals without examining patients, failing to maintain patient records and harassing a patient for cooperating with the New York board’s investigation. The BPMC ordered a six-month license suspension with a stay, three years probation and a fine on each charge.1989 Dr. Patel applied for an Oregon medical license. The Oregon Board of Medical Examiners (BME or “Board”) received letters of recommendation regarding Dr. Patel, including one from the chief of surgery at Rochester (N.Y.) Hospital, and one from a Buffalo, N.Y. hospital where he finished his training program. These letters gave Dr. Patel superlative reviews.
1989-1998 Dr. Patel practiced in Portland hospitals.
1998 Kaiser Permanente, Portland, sent the BME a complaint regarding Dr. Patel after conducting a peer review of 79 patient cases handled by Dr. Patel. The BME hired a consultant and investigated the case. 2000 The Board disciplined Dr. Patel for gross or repeated acts of negligence and unprofessional conduct .
The Board also restricted his ability to perform surgeries. The Board reported these disciplinary actions to three (3) national data banks.
2000-2001 No new cases.
2001 – June Dr. Patel resigned from Kaiser Permanente.
2005 – Early spring Dr. Patel surfaced in the Australian state of Queensland. Australian authorities failed to check with the BME.
April 12: Dr. Patel’s Oregon license was made inactive.
ORS 677.190 (14)
That's what I suspected; thanks for the 'splanation.
In the late 60's-early 70's quite a few South Asians got to come to the US to practice their professions (engineering, medicine, etc) because we needed more of those professionals.
South Asians in the United States: A Demographic Profile
In the first decade following the passage of the 1965 Hart-Celler Act, 96,735 Indians immigrated.For the most part, these new Indian immigrants entered under the needed skills preference of the 1965 law. In 1975, 93% of Indian immigrants were either professional workers or their spouses and children.
In 1980, the U.S. Census Bureau claimed that the 361,351 Indians living in the United States formed the most highly educated, skilled, and paid group among new immigrants.
Here was my first reply to you.
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"The medical profession as other professions, protect its own. Unfortunately, in medicine, it results in direct injury and or death to others."
If the medical profession "were protecting its own", his failures would never have seen the light of day.
It was his Portland, Oregon hospital, not the State of Oregon, that first stripped him of his right to perform surgery and that action ultimately led to his leaving the United States altogether.
Only Government agencies have the right to issue or revoke a medical license. If the world's worst doctor is practicing bad medicine in town, other doctors can ban him from their own practices or their hospitals and complain to the State but only the State has a right to strip him of his license to practice medicine in a solo practice.
This guy fled all the way to the outback of Australia in order to get away from the scrutiny of his medical colleagues.
It was the responsibility of the Australian Government to adequately investigate his competency before issuing him a license to practice medicine in Australia and the Australian Government failed to do so.
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"If Nurses see malpractice, they should break the law and keep their mouths shut because "Doctors protect their own". If laymen see malpractice, they should not even bother to go to the State Licensing Board because there are doctors on State Boards and "Doctors protect their own"."
That is a bunch of nonsense.
Nonesense, is it?
Read over this thread.
Nurses are whining about how they can't follow the law and report malpractice because (fill in the excuse here).
You are whining about how State Medical Boards have physicians on them so, of course, you are powerless to prevent those physicians from covering up even though State Medical Boards have members of the public on them and nothing prevents any concerned citizen ..... including you ..... from volunteering for such a Board.
Dr's being allowed to continue to practice or move and practice in another state has been an ongoing problem for decades. Do you think that if Dr's wanted to put a stop to that practice,(as I suppose you might) that they couldn't introduce legislation to do so?
Gee, the last time I checked my State Constitution, the only people who can "introduce legislation" are State Legislators.
Are you all so utterly helpless and powerless that you can't even write a letter to your own State Representative?
Why do you even think you need a law to prevent bad doctors from moving from State to State?
There is no Federal medical license.
In order to practice medicine in your State, YOUR STATE needs to issue that doctor a license.
Your State is not supposed to give out a State Medical License to a bad doctor in the friggin' first place!
All your State has to do is pick up the friggin' phone and call Oregon State Licensing and ask, "Ummmm.......Did Dr. Killalot have an Oregon State Medical License in good standing?"
That is what the Hospital Credentials Committee that I am Chairman of does when someone wants to practice at our Hospital. We check licensing, we check malpractice history, we check references from where they have worked, we check training, we check the level of experience.
If an applicant doesn't pass muster at any level, his request for practicing privileges at our Hospital is shot down.
We shot one down this past week.
It's not rocket science.
That's already in your State's law books.
If my State takes away the State Medical License of a doctor my Hospital Q.A. Committe has exposed (as that Portland, Oregon Hospital did) it is the responsibility of YOUR STATE to ensure he does not get a license in your State.
If YOUR STATE is not doing its job, then that is YOUR problem. The citizens of Washington or Oregon or South Carolina can't do squat about it.
I can't revoke a medical license in my State or your State any more than you can revoke my Washington State Drivers License or the drivers license of the jerk that passed you at 90 MPH. All that a citizen can do is file a complaint with the State.
The AMA can't revoke a Medical License anymore than the NRA can take away your gun.
All a particular M.D. or a particular Medical Staff can do is police their own practice and their own Hospital and file reports of malpractice when they see it so that THEIR State can revoke a medical license.
Once that bad doctor moves to your State it is the resaponsibility of your State to do its job.
If your State is not doing its job, then it is the responsibility of the citizens of your State to make sure that they do.
You must be referring to another RN that has posted on this thread.
I dont whine. Well, only when it is spelled wine. ;)
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1984 During his residency, Dr. Patel was disciplined by the New York State Board for Professional Medical Conduct (BPMC)
1989 Dr. Patel applied for an Oregon medical license. The Oregon Board of Medical Examiners (BME or “Board”) received letters of recommendation regarding Dr. Patel, including one from the chief of surgery at Rochester (N.Y.) Hospital, and one from a Buffalo, N.Y. hospital where he finished his training program. These letters gave Dr. Patel superlative reviews.
Why didn't the State of Oregon check with the New York State Board for Professional Medical Conduct?
1989-1998 Dr. Patel practiced in Portland hospitals.
1998 Kaiser Permanente, Portland, sent the BME a complaint regarding Dr. Patel after conducting a peer review of 79 patient cases handled by Dr. Patel. The BME hired a consultant and investigated the case. 2000 The Board disciplined Dr. Patel for gross or repeated acts of negligence and unprofessional conduct.
Physician peer review exposed him.
The Board also restricted his ability to perform surgeries. The Board reported these disciplinary actions to three (3) national data banks.
The Oregon State Board took away surgery practice rights and reported him to three (3) separate data banks.
2000-2001 No new cases.
2001 – June Dr. Patel resigned from Kaiser Permanente.
2005 – Early spring Dr. Patel surfaced in the Australian state of Queensland. Australian authorities failed to check with the BME.
The Government of the Australian State of Queensland utterly failed do the job that my Credentials Committee routinely does.
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The Australian State of Queensland had its head completely up a kangaroo's butt but this case is then blamed by you as a case of "Doctors protecting their own".
Well, sorry about the "whine" crack.
I'm a big advocate of policing your own. When I was in the Navy, I once filed charges against the Navy Inspector General when I thought that an investigation was being covered up.
I call that "Duty". My wife calls it "Pig-Headedness". ;-)
I think I would like your wife, she sounds like a smart woman. LOL
Dont worry about the "whine" crack.
I do agree with many things you have said, I was merely pointing out another side.
Have a good night.
A doctors business is known as a 'practice', the same as an attorneys. What other businesses fit that status?
The reason that it is called a practice is beacuse we practice an art. I have had it up to my eyeballs with the ignorant comments about :only doctors practice." Why practice on a patient, blah, blah, blah. If you do not like doctors, we do not force you to see us; go see a quack who will shoot whale snot into your veins and tell you you are cured. Then don;t come crying to me when you really need to be fixed.
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