The Supreme Court of Prince Edward Island’s dismissal of a motion to stay regulatory proceedings in Bengeri v. College of Physicians and Surgeons (PEI) reconfirms courts’ reluctance to interfere with ongoing administrative proceedings and the concept of judicial respect for administrative decision-makers with responsibility to make decisions in accordance with their enabling legislation. See the article below by lawyers Raylene Langor, Olivia Feschuk and Tom Keeler for more information! https://bit.ly/4cN1abV#RegulatoryProceedings#PEI#RegulationofProfessions
**Summary of an Unfortunate Incident: 📝**
A heated argument occurred between an Emergency Department physician 👨⚕️ and a nurse leader 👩⚕️ over a patient with substance use and an open wound needing a wound culture. The nurse leader believed the patient wanted the procedure to stop, but the physician continued. This led to a confrontation where the nurse felt the physician was aggressive. According to her testimony and four other witnesses, the physician grabbed her shoulder, leaving bruises.
**Civil Claims: ⚖️**
Both the physician and the nurse no longer work at the hospital 🏥. The nurse sued her employer and the physician, who counter-sued. During the court case, it was revealed that the nurse was dismissed from the hospital for an unrelated HIPAA violation. It appears all parties reached an out-of-court settlement.
**Criminal Claims: 🚔**
A state or county attorney brought a criminal claim against the physician, who was tried for battery of the nurse. Based on the testimonies, the jury convicted him.
**My Thoughts: 💭**
The physician was trying to help his patient but used an approach that is culturally unacceptable today. There are no allegations against his competency or of patient harm. I believe a politically ambitious prosecutor decided to prosecute this case, which they shouldn't have.
If the physician looked differently, would he still have a license? If he were a woman, would she be practicing? I've seen many double standards out there. If he were a woman, her actions might not have been perceived as aggression and could have been praised for patient advocacy efforts.
There is nothing to suggest that the physician was aggressive toward the patient, but it was the nurse's perception that had a stake in the outcome. He has already paid the price by being prosecuted, convicted, and publicized. As long as he shows remorse, agrees to behave in a culturally acceptable manner, and does not leave a perception of aggressive behavior, he should be allowed to practice. After all, we have a shortage of physicians, and replacing a physician with his skillset is not easy. By not allowing him to practice medicine, we may do more harm to patients waiting to get care.
Please note, that the link you shared doesn't work. It gives a preview of a clunky website before hiding the entire content behind a paywall. Here is a better link from a different news aggregator.
🌐 https://lnkd.in/ds7jpaxeKellie Lease Stecher, MD, Brittany Busse, MD, Leah Houston, MD, Umbereen S. Nehal, MD, MPH, MBA, J. Michael Connors MD#healthcare
OBGYN, Keynote, Author, President and Co-Founder Patient Care Heroes
Of note, he still practices medicine at a different facility, and has a medical license in that state.
What do you think? If he looked differently would he have a license? If he was a she, would she be practicing? I’ve seen many double standards out there….
I don’t think an individual this aggressive with a patient or staff should be practicing. But, that’s just my opinion.
#healthcare#doctor#physician#er#legalhttps://lnkd.in/gKETrgZc
Today's #JudicialReview application is likely the greatest challenge I’ve faced in my 13 years work, as patient advocate, and campaigner calling for government regulation of the corrupt #refractivesurgery industry, because General Medical Council (“and another”) at the heart of the scandal - by allowing it to continue 👀
In response to my #FOI request in 2020 asking GMC how many refractive surgeons had been referred to FtP hearings, I was told 4, but given only 2 names: 'I can confirm that Dr Muhammad Ali Qureshi (4155241) and Dr Srinivas Venkatachalapathy Goverdhan (5186084) are two of the doctors linked to the below numbers. The other two doctors names have been withheld as we can only publish details in line with our disclosure policy.'
In fact Dr Goverdhan was NOT a refractive surgeon, and I attended 'Bobby' Qureshi’s lengthy FtP hearing at the Medical Practitioners Tribunal Service in Manchester (details posted January 2019), so who were the other two?
One I know used to work at Optical Express, who operated on a close family member (as most do), but because the case closed without sanctions, his details were removed from public records.
The third surgeon’s case presumably similarly closed, but I have no idea who s/he is - and if anyone in the industry would care to tell me in confidence, you know where I am!
Why have the many refractive surgeons responsible for harming countless patients not been referred to FtP hearings, even those who’ve been successfully sued multiple times (e.g. #DavidTeenan)?
The vast majority of complaints don’t even make it past triage to case examiners!
Then question why GMC so desperate to prevent me from observing Dr Jindal’s hearing on 30 Sept, and why the panel concocted absurd excuses to recuse themselves in September 2022, when it seemed clear in June they intended to find Jindal 'guilty'. (Read Annex B&C in my FundRazr Updates section - link below.)
In the unlikely event that the allegations against Jindal are found proven at the next hearing, this won’t only damage the entire #refractivesurgery industry (+#BigPharma), but also hold West Midlands Police (& Sir David Thompson QPM DL) accountable, for their failure in 2013 & 2016 to respond to similar complaints re AccuVision Laser Eye Clinic & #drprashantJindal, resulting in Greg Brady’s ruined eyes!
In 2022, placing blame on me, it was legal assessor Tehniat Watson (W Mids police) who advised tribunal to recuse, while tribunal chair Debi Gould (W Mids CPS) refused me representation at recent 2024 preliminary hearing, supporting Jindal's Counsel’s assertion that I was excluded from forthcoming FtP hearing under Rule 30.
GMC have since admitted this was error in law, details to be published soon.
Meanwhile, the fight to keep me out of the hearing rages on, so if you support the right to civil liberties, or have concerns about the GMC, please donate to my legal fees ➡ https://lnkd.in/eAD-8X62#blindedonthehighstreet#stormsasha
4 Sept 2024
🤝 Collaboration in Action: Sports Medicine & Physical Therapy 🏥
Carl M. Cirino, MD, sports medicine surgeon at HSS, recently engaged in an insightful open discussion forum with 12 occupational and physical therapists at Motion PT in Tarrytown, NY.
The conversation delved into:
🔹 Surgical Techniques for treating complex shoulder and elbow conditions 🦾
🔹 The critical role of physical therapy techniques in aiding patient recovery and improving outcomes 📈
These collaborative forums are essential in bridging the gap between surgical expertise and rehabilitative care, ensuring patients receive the best possible treatment from operating room to recovery.
Hospital for Special Surgery#Teamwork#SportsMedicine#PhysicalTherapy#Collaboration#ShoulderAndElbowCare#PatientRecovery#MotionPT#HSS#RehabExcellence
Carl M. Cirino, MD, sports medicine surgeon at HSS, recently engaged in an open discussion forum with 12 occupational and physical therapists at Motion PT in Tarrytown, NY. The conversation focused on various surgical techniques used to treat a multitude of shoulder and elbow conditions and the role of different physical therapy techniques and how they aide in patient recovery.
Pictured L to R: Andrew Cloutman, PT, MS (Clinical Director, Motion PT), Dr. Cirino, Justin Simone, PT, DPT (Motion PT Multi-Site Director, NYC North/Westchester)
The legal system employs a multifaceted approach to hold negligent doctors accountable, including the use of medical expert witnesses. However, challenges such as the 'white coat of silence' can impede this process. Professional societies and legal standards play crucial roles in ensuring accountability, but there's ongoing debate about the best methods to protect patients while ensuring fair treatment for healthcare professionals.
The American legal system is well equipped to deal with medical expert witnesses and expose their level of competence and credibility, says Dr. Graboff. But because of the “white coat of silence” the legal system is hampered by a lack of well qualified doctors willing to testify against those doctors whose negligence has damaged patients, and in some, who repeatedly cause injury to patients.
"This 'code of silence' unwritten rule that a doctor doesn’t testify against another doctor is fortified by professional associations like the AAOS who through their 'professional compliance programs' intimidate their members by censure, suspension, expulsion, public humiliation, and damage to their reputations to not testify against their fellow doctors."
Finally, says Dr. Graboff, "This 'white coat of silence’ needs to be removed and professional societies like the AAOS need to stop their practice of expert witness intimidation and 'back door tort reform.'”
"The court in my lawsuit against the AAOS, having unanimously ruled in my favor, obviously arrived at the same conclusion."
#unitedseniorassociation#usa#hss#oig#cms#eldercare#seniorhealth#hssoig#fda#RPM#healthcare
Andrew Axon was recently invited by the #Otology Department of the Royal Society of Medicine to their latest CPD event on Controversies and Management Dilemmas.
Andrew's lecture focused on how to avoid litigation in pushing boundaries.
He discussed the complex area of clinical intervention outside the normal evidence-based safety net, what to consider when trying to help patients struggling to find a symptom solution, and what to do when faced with difficult decisions about whether to intervene or not.
Andrew also advised attendees on the early actions that surgeons must take if a complaint is received and how best to manage the situation to reduce the risk of litigation.
Andrew is a leading medical negligence barrister at Outer Temple Chambers and is regularly invited to provide training for RSM members.
Find out more about Andrew here:
https://lnkd.in/eH5h_j44#ClinicalNegligence#MedicalNegligence#LegalTraining
🌟 Check out our top pick of the day! 🌟
📢 Physician Assistants Taking on Role of Doctors in Hospitals and GP Surgeries, According to Academic Study
Read more here: https://lnkd.in/dCMSw-Je
🔍 Stay informed with the best health insights and updates. Don't miss out! 🚀
#HealthNews#TopPick#medicalnews
https://lnkd.in/eraUBJQW
I struggle a little with this terminology, although I understand the need for a 'barefoot doctor' type of approach to community medicine.
A physician is 'a person qualified to practise medicine, especially one who specializes in diagnosis and medical treatment as distinct from surgery'. An associate is 'a person with limited or subordinate membership of an organization'.
Would the American term 'physician's assistant' not be better placed? Some patients can become easily confused.
https://lnkd.in/eb4txFag
My colleague, Dr. Yash Naidoo , and I recently collaborated on an article featured on Medicalbrief, focusing on the effective utilisation of a locum within a medical practice. Our goal is to share insights and expertise that can prevent getting into trouble with the HPCSA. #MedicalPractice#LocumManagement
Outraged by moral injury in the aftermath of institutional betrayal, this story of 'lived experience' resonates tragically across sectors and functions.
According to the article, West aims for his legal case to deter hospital administrations from dismissing clinicians who expose fraud or questionable patient care. He emphasizes the need to shed light on the flaws within the medical system that prioritize profits over patient well-being.
🔗 READ HERE:
https://lnkd.in/gSv3z3bu
