Competent, Ethical and Fair Legal Representation for Doctors —A Possible New Niche area for Lawyers.

Wretched creatures are compelled by the severity of the torture to confess things they have never done and so by cruel butchery innocent lives are taken; and by new alchemy, gold and silver are coined from human blood.– Father Cornelius Loos (1592)


17th-century-tribunal

 “PHP-Approved Attorneys”

My survey has revealed an additional factor stacking the deck and removing accountability from PHPs.  The attorneys ostensibly representing doctors are also part of the racket.

A doctor referred to a PHP will be given a list of 3 or 4 attorneys by the PHP who are “experienced in working with the medical board.” What they do not tell you is that theses attorneys are hand-picked or cultivated to abide by the rules dictated by the PHP.

They will not “bite the hand that feeds” and any procedural, ethical or criminal misconduct by the PHP will not be addressed.     Laboratory fraud, false diagnoses, and Establishment Clause violations are off limits.

The primary purpose of these attorneys is to enforce payment for laboratory fees and demand compliance with whatever the PHP demands.  Their primary purpose is to keep doctors powerless under the PHP and prevent misconduct, including crimes, from being discovered.

The attorney pool is currently over-served by those serving two clients and most of those outside simply do not know enough about the “physician health”  legal issues related to doctors.  When they appear before the board it is as if they are a deer in the headlights.  It is a new terrain where all due process and familiar protocol have been removed.  Of course this was all facilitated by changes in administrative and medical practice acts orchestrated by the physician health movement “in the interests of protecting the public.  This must be recognized and addressed.

Skilled negotiators and lawyers with administrative law experience would do well to consider representation for doctors before medical boards regarding “physician health” matters.

It is not that esoteric, complicated or difficult.   As with the rest of the population, most have just not critically analyzed the issues behind the curtain.

Slide41

IMG_0847 Screen Shot 2014-12-02 at 3.18.45 AM


Advertisements

20 thoughts on “Competent, Ethical and Fair Legal Representation for Doctors —A Possible New Niche area for Lawyers.

  1. Have you found a lawyer? It’s difficult to fight the PHP, since they resort to turning cases to the Medical Board, which has representation by the attorney general in some states. Ronald Chapman estimates several years before the Michigan case goes to trial. If you have a plan, I’m in. I am sitting at my desk, my reputation is compromised, and my ability to make a living is impaired by the presence of my name on the board site, although I gave up my license to retain my rights under the constitution: the establishment clause applies to everyone else in America, but unless I profess my willingness to “surrender” to an unseen and unknown being, my career is over. Well, in reality, it’s been over for a while and it’s difficult to explain.

    That’s the other part of this: the reality of the stigma associated with any period of drug use or dependence, despite the prevalence of illicit drug use throughout the country. The options are to turn your life over to the PHP or stand vulnerable as you hand over your license. Your contributions and the characteristics that contributed to your success are immediately forgotten when you are tarred with this brush. Sorry for all of the cliche metaphors, but I’m tired.

    Like

  2. Currently I have been evaluated by an out of state “approved treatment facility” for a Comprehensive Assessment Program costing thousands. During that evaluation for a one day relapse on etoh I was given a hair drug test with an invalid chain of custody protocol. Within a week I was called by the center and told that my hair was positive for oxycodone which I had not taken for years. (All random urine tests for three years were negative, a separate hair test done one year ago, a blood test done three months ago, and weekly UAs for the past three months prior to the evaluation have all been negative. The MRO? Joseph Jones USDTL. I have been unable to talk with him concerning my test and am unsure if it was even done. I had my own tests done immediately at another lab (negative) and have two different body site hair tests pending at the same lab.
    I did not realize my PHP could or would even try to influence a drug test but if that is the case I fear that the two tests pending may end up being “positive”. They know I had the tests done and if fact referred the collector to come to my home.
    I need legal representation. The attorney that the PHP referred to me acknowledges that he has done work for the PHP. He does nothing to assist me but keeps telling me that I need to follow the PHP’s requests. Now I see why. It seems to be an apparent conflict of interest to me.
    I really do need some legal advice and how to proceed. I have had three years sobriety up until 3 months ago. I am being forced into in-patient treatment that I do not think that I need if the goal is abstinence since I am abstinent now.
    Any advice would be appreciated. If the treatment center falsified the test results or did not even perform the test, I would like to file a complaint with the appropriate state board but that would probably be professional suicide. My PHP would report me to the board as non-compliant in a minute and have told me that would happen if I was not cooperative with their recommendations.
    I feel boxed in and painted into a corner at this time while being surrounded by fraud and dishonesty.

    Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s