THE PENNSYLVANIA MEDICAL BOARD HAS FAILED TO PROTECT THE PUBLIC HEALTH AND SAFETY                                                                           

The Pennsylvania Department of State's Medical Board is tasked with protecting the public health and safety. That responsibility in fact, is the very basis for their existence. A performance check, however, reveals the Board has failed miserably in fulfilling that obligation. The score on disciplinary / licensure action against Pennsylvania based physicians on primary charges of medical malpractice, negligence, and incompetence is nil. Yet if you write a letter to the DOS requesting information on disciplinary actions, they will reply with numbers and charts indicating otherwise. The truth is those numbers are deceiving, for about half of the total represents doctors living and practicing in other states, with disciplinary / licensure action initiated by the medical boards from those states. The remainder represent disciplinary / licensure action taken against doctors for violations of federal, state, or local laws or regulations, Board of Medicine mandates, licensing violations, educational inadequacies etc. Notably absent from this list are disciplinary / licensure actions against doctors on charges more closely associated with harm or death of patients. The Board will not, for example, discipline a doctor for altering medical records in conjunction with the death of a patient, but they may if he or she alters them in conjunction with billing Medicare. They will cite malpractice / negligence in some cases involving other charges, but it appears to be as a result of convenience to support their case on those other charges. In a March 4, 2003 New York Times article citing 1990-2002 U. S. Department of Health and Human Services data, consumer oriented Dr. Sidney Wolfe, M. D. writes, “And while Pennsylvania has 5.3 percent of the doctors in the United States, they make up 18.5 percent of American doctors with five or more malpractice payments. One doctor there paid 24 claims between 1993 and 2001 totaling more than $8 million yet was never disciplined by Pennsylvania authorities.” That is not surprising to me since there is no significant correlation between medical malpractice and State Board of Medicine disciplinary actions.  

MY FAMILY’S TRAGEDY

Synopsis

Medical Records

Complaint to BPOA 

PA State Board of Medicine

Letter #1 to the Governor

Reply to Letter #1

Letter #2 to the Governor

Letter from the DOS Legal Office

Tort Reform

The situation I've described does not come about by chance. My initial assumptions have been to blame it on party politics at its worst. Special interest groups, in this case, doctor and hospital organizations, having forged their will with the Ridge/Schweiker administration over the safety of medical consumers. However, it is now early June 2005 and there has been plenty of time for the Rendell Administration's Medical Board to show improvement, but there has been none. In fact the current membership makeup of the Board is essentially the same as under the Ridge/Schweiker administration. I now believe the problem is, as Public Citizen suggests, the law that requires that doctors make up the majority membership of the State Medical Board. Doctors protecting doctors rather than patients. If that is the case, then in order to protect patients, we must amend those laws to require that majority membership be made up individuals interested in protecting public safety. Better yet, membership to the PA State Medical Board should be gained through the electoral process. In the meantime, due in part to the State Medical Boards failure to discipline doctors on true public safety charges, doctors, hospital organizations, and their legislative lobbyists have been quick to attack our constitutional rights to hold them accountable. My discovery of the conditions I've described came about as a result of my mother's untimely death, and my eventual discovery of what appears to be a combination of medical negligence, incompetence, and alteration of medical records on the part of her physician. For those of you who are questioning why I didn't take the doctor to court on malpractice charges, I assure you I tried. At the time I attempted to find an attorney to take the case, I was as naive as you probably are right now. I assumed that the merits of the case were all that mattered. That, however, is not the situation. Past legislative gains by doctors organizations have made it extremely difficult to hold doctors accountable in court, or even find an attorney for many victims of medical malpractice/negligence.

The details and support for the statements I have made thus far are contained within this web site. Please click on the links to find them. The information is structured vertically in links pretty much as I created them, beginning with the narrative which follows this paragraph, followed by the links from the top in chronological order. It's a diary of sorts of my quest to hold this doctor accountable. If you read it, unless you are a politician or a malpractice attorney, you will likely be as surprised as I was about the ineffectiveness of PA State government in protecting the public from physicians who are public safety threats.

PA Medical Board Disciplinary Actions 4th Q 2005

LINK: Public Citizen: Challenging the Medical malpractice Claims of the Doctors' Lobby

PA Medical Board Disciplinary Actions 3rd Q 2005

Patient Safety

Tort Legislation

Representative Krebs' Farewell Message

PA State Medical Board Disciplinary Actions 2nd Q 2005

 DOS: Newsroom Jan 10, 2005 Disciplinary Actions

 

Putting Patients First?

Caps For Halliburton? White House Interest

Pennsylvania Medical Board Disciplinary Actions 1st Q 2005

 Legal Help 

I had always assumed my parent’s physician would do a better job than I could at protecting their medical well being. Sadly, I was wrong. I believe my mother would be alive today if my parents, on February 5, 1997, had gone to a hospital emergency room instead of the office of Lebanon, Pa. area physician Robert Lester Barton. Had they done so, I'm confident my mother would have been given a cardiology test commensurate with her risk factors and symptoms.

If a licensed physician cannot be depended upon to properly synchronize the diagnosis of coronary artery disease with the available testing procedures to determine its presence, should that physician have a license to practice medicine? When a licensed physician fails to act upon a patient's life threatening symptoms and risk factors, despite numerous opportunities to do so over a long period of time, should the public be warned of this type of nonperformance? And if that physician retains a medical license in spite of these lapses, how do we protect the public from the risks associated with these failures? It is the purpose of this web page to try to find ways to prevent tragedies like this from happening again. I hope to bring the information of my mother's case before local and state legislators and medical officials in the hope of using enforceable regulations as a means of meeting this goal. I intend to use this web page to report on my progress in this endeavor.