Re: U.S. Court of Appeals Rules against the Texas Medical Bo

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Very encouraging.

On 12/10/10, Sharon wrote:
> U.S. Court of Appeals Rules against the Texas Medical Board
>
> CLICK HERE TO READ ONLINE & COMMENT
>
> The U.S. Court of Appeals for the Fifth Circuit ruled, on
> December 2, 2010, 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.
>
> 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 is available, as are
> the complaint, other documents, and a link to an
> audiorecording of the oral argument. See
> http://www.aapsonline.org/newsoftheday/001438 for more
> information.