Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke


10/10/2006

Attention: CMA Legal Department

 

Re: Measures to protect physician whistleblowers

 

Dear Mr. Abrams, Ms. Bressler and Ms. Hanson

 

No protection of physicians who stand up for quality of delivery of care, i.e. "physician patients' advocates" or "whistleblowers," will be achieved as long as the Medical Board of California [MBC] will disseminate false 805 reports knowingly and willingly as soon as they receive them from a hospital and then, post that information after the Board's own investigation finds in favor of the physician or, the Board itself was found guilty of misconduct by a court judgment !

 

The MBC's bad faith is only equal to its arrogance as, the MBC refuses to even balance their dissemination of information with the truth.  Accordingly, the MBC is , de facto, guilty of defamation and an accessory to misconduct of hospital administrators and their attorneys who concocted those false 805 reports.

 

  1. In my case versus Cedars-Sinai Medical Center.

 

I "blew the whistle" on its "establishment" when, I proved that the referrals for IVF/infertility were exclusively sent to solely one physician's office and another group owned by Cedars !  Shortly thereafter, my privileges were summarily suspended for alleged "imminent danger."  Yet the MBC's own investigation found absolutely no wrongdoing by me, let alone any shred of evidence that I was at anytime an alleged "imminent danger."

 

California laws allow the MBC to ignore a false 805 report but, fails to mandate that the MBC only disseminate and post legitimate 805 reports if, they are found to have a good cause.  There is no law, presently, that "filters" 805 reports' dissemination by the MBC.  Accordingly, physicians are sentenced before they are ever judged, thanks to the MBC's total lack of integrity.

 

According to the MBC, I have to get back on staff at Cedars and be "in good standing" for 10 years at Cedars, before they will remove this defamatory information from their website !

 

The MBC's position is based on California's law that it may decide to comply with or not as, a different law clearly allows the MBC to do whatever it wants. (See attached correspondence between A. Kahn, Esq., General Counsel of the UAPD and Mr. Thornton, Executive Director of the MBC.) 

 

I also raised issues of substandard conduct at Cedars.

 

  1. In my case versus Tenet.

 

The MBC was found guilty by Judge Cadei for failing to have any credible independent investigation into this matter and for taking action against me without any good cause.  Once again, another hospital, a Tenet facility, claimed that I was an "imminent danger" yet, there is no single complaint by any of my patients regarding the quality of delivery of my care let alone a single incident report to support the false allegation that I ever threatened any nurse or , anyone !

 

Despite my most vigorous objections and judgment of Judge Cadei against the MBC, the MBC willfully and knowingly posted the summary suspension of my privileges by Tenet's Encino-Tarzana Regional Medical Center and has disseminated that information since 12/2000 !!! 

 

Would any patient want to see a doctor who was "summarily suspended" at two hospitals ?

 

Following our phone conversation, last week, regarding amendments to California and Federal laws (regarding the National Practitioner Data Bank) attached, please find:

 

  1. MBC's website "physician information" under my name on 9/4/2006 (3 pages)

 

  1. Letter, dated 8/10/2005, I received from Joan Jerzak, Chief Enforcement MBC who refers to B & P 803.1 and 2027 but, fails to enclose copy of these laws. (1 page)

 

  1. Petition filed with the MBC, dated 2/15/2005, by Andrew Kahn, Esq., General Counsel of UAPD. (12 pages)

 

  1. Letters, dated 4/5/2005 and 4/13/2005, from D. Thornton, Executive Director of the MBC to A. Kahn, Esq. faxed to me on 4/13/2005. (3 pages)

 

  1. My comments to Mr. Thornton's letter dated 6/27/2005. (4 pages)

 

  1. Since, the MBC's computer has no such limitations, as Mr. Thornton claims, as evidenced by the MBC's website regarding Dr. Moon quoting out of "Google," why does the MBC not post under my name the article and editorial published on 6/18/2001, in AM News, the AMA's publication or, Steve Twedt's articles, dated 10/26/2003 and 10/27/2003 ?          (5 pages)

 

  1. John Doe, MD vs. T. Thompson, DHHS  et al regarding the NPDB.  Some claim that you could find the finest physicians in the country listed in the NPDB but, by reading such reports from hospitals no one can distinguish those physicians from the bad apples.

 

  1. Since, CMA objects to public disclosure of Medical Board citations without due process, (see attached "CMA Alert"), I believe that CMA should also object to public disclosure of 805 reports without due process and/or merit, to be consistent.

 

9.       Ironically, the MBC's website states that its official mission is to "investigate complaints" and "conduct physician evaluation."   Unfortunately at times, the MBC fails miserably to honor its mandate as demonstrated by Ms. Cady's letter dated 3/15/2002, and Minute Order of Judge Cadei, dated 12/21/2004, with the peremptory writ issued on 12/30/2004.

 

Since the "attitude" of the MBC can best be characterized, as vindictive and negligent, I wonder if the public would not be best served if the control of the circulation of information by the MBC be transferred to a different agency.  What are your thoughts about it ?

 

Please note, that the law also requires the MBC to "purge" its files after three (3) years but, the MBC takes the position it does not apply to its website !

 

I would not consider taking time out of your busy schedules if, I thought that my situation is unique or isolated.  We all know that this is a most significant problem when, the public is deprived of the care of many physicians who place patients' interests ahead of their own.

 

The fact is that the MBC fails to fulfill its mission to protect the public from bad physicians when, it prevents, de facto, good physicians' access to the public.

 

I trust that you will propose the implementation of the necessary legislation to remedy this significant problem.

 

"The only thing necessary for the triumph of evil is for good men to do nothing."  Edmund Burke, Irish philosopher, statesman.

 

I thank you very much for your dedication and hard work and am ready to assist you any way possible.

 

Respectfully submitted,

 

 

 

Gil Mileikowsky, M.D.

 

cc         Howard Lang, M.D.

            Jerry Rogan, M.D.

            John Hill, M.D.

            A.S. Mahal, M.D.

            Jack Lewin, M.D.

            Andrew Kahn, Esq.

            UAPD leadership

            AAPS leadership

            Leonard Nelson, Esq.

            COAC leadership

            GAP leadership

            Professor Alan Dershowitz