... is for good men to do nothing.
Attention: CMA Legal
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.
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
I also raised issues of substandard conduct at Cedars.
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
Would any patient want to see a doctor who was "summarily suspended" at two hospitals ?
Following our phone conversation,
last week, regarding amendments to
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.
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.
Leonard Nelson, Esq.
Professor Alan Dershowitz