Re: U.S. Court of Appeals Rules Against the Texas Medical Board

[Guest guest]

Fantastic news! Thanks for posting this, KC.

Carl Grimes

Healthy Habitats LLC

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http://news./s/usnw/20101206/pl_usnw/DC12690

U.S. Court of Appeals Rules Against the Texas Medical Board

TUCSON, Ariz., Dec. 6, 2010 /PRNewswire-USNewswire/ -- The U.S.

Court of Appeals for the Fifth Circuit has ruled against the Texas Medical

Board (TMB), allowing landmark litigation by the Association of

American Physicians and Surgeon to proceed to prove wrongdoing by

the Board.

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Among the claims of " pervasive and continuing violations of...

constitutional rights " by the TMB, the Court expressly noted allegations

that " the Board manipulated anonymous complaints, " that the former

Board president targeted physicians, and that " anonymous complaints

allegedly were filed by a New York insurance company seeking to avoid

paying... for claims. "

The unanimous Court described the allegations as " rather dramatic

claims, " and sent the case to the federal trial court so that discovery can

proceed. The TMB will no longer be able to conceal its wrongdoing

against good physicians.

Physicians brought before a licensure board can be financially ruined by

unconstitutional proceedings, even if exonerated, or they can lose their

livelihood altogether. Instead of using their enormous power for the

purpose of protecting the public, board members can deprive thousands

of patients of access to good physicians simply because an anonymous

complainant held a grudge against the physician, or dislikes freedom in

medicine.

TMB argued that only individual physicians had standing to sue. AAPS

noted, however, that individuals could not typically prove a pattern of

abuse involving other physicians. Moreover, physicians fear retaliation

for complaining about the Board.

The Court ruled that: " If practiced systemically, such abuses may have

violated or chilled AAPS members' constitutional rights. Proof of these

misdeeds could establish a pattern with evidence from the Board's

witnesses and files and from a small but significant sample of

physicians. "

One Texas physician writes: " I can't tell you how fearful doctors are of

the TMB. Knowing that with each disgruntled employee, angry neighbor,

or aggressive competitor, we could lose our license, the practice of

medicine has become one of fear. Thank you for your fight, and I hope

many physicians will be sleeping more easily... at least in Texas! "

AAPS is a national organization representing physicians in all specialties.

The entire decision ( http://www.aapsonline.org/tmb/tmb-12-02-

2010.pdf) is available, as are the complaint, other documents, and a link

to an audio recording of the oral argument (

http://www.aapsonline.org/hallofshame/tx.php).

SOURCE Association of American Physicians and Surgeons (AAPS)

For more details,

http://www.bolenreport.com/feature_articles/AAPS%20Wallops%20Te

xas%20Medical%20Board.htm

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