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

    Posted by Sharon on 12/12/10

    Yes. It is. I think maybe "they" are finally starting to wise
    up to just how much money legally authoratative bozos are
    costing taxpayers when they deceptively aid insurer unfair
    advantage in claims handling practices and litigation(also
    known as collusion to commit interstate insurance fraud).

    On 12/11/10, Deborah wrote:
    > Very encouraging.
    > On 12/10/10, Sharon wrote:
    >> U.S. Court of Appeals Rules against the Texas Medical Board
    >> 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
    >> for more
    >> information.

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