UNPACKING MEDICAL, DENTAL, AND PHARMACY BOARDS OVERREACH, ABUSES OF POWER, EROSION OF DUE PROCESS, LACK OF ACCOUNTABILITY AND CORRUPTION

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The excerpt in this article from KevinMD.com titled “Why medical boards are facing growing backlash for abusing power,”  by Dr. Kayvan Haddadan, MD, critiques the abusive power and problematic conduct of some medical boards, arguing they often stray from established judicial principles. Instead of seeking truth through evidence and due process, these boards are accused of twisting facts and creating arbitrary standards to validate preconceived conclusions, especially by their prosecutors. This unchecked authority, the text claims, undermines justice for physicians, forcing settlements and harming the broader healthcare system by distracting from patient care. 


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“Medical Boards Under Fire Unpacking the Backlash Against Alleged Power Abuse and Systemic Corruption.”

1. What is the core concern regarding medical boards and their conduct?

The primary concern is that some medical boards are blurring the lines between jurisprudence and politics, prioritizing a political agenda of being “right” over the impartial pursuit of truth based on evidence. This leads to them bypassing fundamental judicial principles, manipulating facts, and establishing arbitrary standards for evaluating the actions of physicians.

2. How do the actions of these medical boards deviate from established legal principles?

Medical boards often deviate from legal principles by not upholding justice rooted in evidence and due process. Instead, they may create their own narratives, twist facts, and set arbitrary standards for assessing physician conduct. This unchecked power makes them appear to operate without proper accountability, resembling entities that prioritize their own agenda over fair legal processes.

3. What role do prosecutors for medical boards play in this problematic system?

Prosecutors working for medical boards are often described as having a “one-track mentality.” They relentlessly pursue validation for their preconceived conclusions, frequently disregarding any evidence that contradicts their stance. This approach deviates from impartial fact-finding and can severely damage physicians’ careers, labeling any objection as “lack of remorse.” Their motivation is often to prove themselves “right” rather than to uncover the truth.

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Dr. Kayvan Haddadan, MD, is a physical medicine & rehabilitation physician in Roseville, CA, and has over 25 years of experience in the medical field. He graduated from the Faculty of Medicine at Shahid Beheshti University of Medical Sciences in 1995. He is affiliated with medical facilities such as Adventist Health, Rideout, and Marshall Medical Center. He is accepting new patients and telehealth appointments.
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4. Why are physicians at a disadvantage when confronting medical boards?

Physicians are at a significant disadvantage because their training focuses on patient care, not legal defense. They are often ill-equipped to confront powerful adversaries like medical boards. Even when legal counsel is hired, attorneys face substantial challenges against boards operating with unchecked authority. The pressure from these boards often compels physicians to settle disputes rather than mount robust legal defenses, undermining due process.

5. What are the broader implications of medical board overreach on the healthcare system?

The overreach by some medical boards not only harms individual physicians but also weakens the entire healthcare system. It diverts focus from patient care, potentially impacting the quality of services delivered, which contradicts the board’s stated mission of safeguarding patient safety. The erosion of trust in the fairness of the system can have widespread adverse effects.

6. Are there financial incentives or ethical concerns related to medical board investigations?

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Yes, the source highlights significant ethical and judicial concerns related to financial incentives driving these boards, particularly the rewards linked to investigations. The employment of paid “experts” to manipulate facts is seen as undermining legal standards and subverting the truth-seeking mission inherent in judicial processes.

7. How has the judiciary responded to these alleged abuses of power?

Alarmingly, the judiciary has largely failed to rectify this systemic corruption. The source suggests this could be due to an assumption of board infallibility or even complicity, allowing the erosion of legal integrity to continue unchecked. There’s a call for the judiciary to assert that every individual facing a medical board deserves fairness and due process based on factual evidence, not subjective “gut feelings” from paid experts.

8. What reforms are being called for to address these issues?

Immediate reevaluation and accountability measures are demanded from both the government and the medical boards. The reforms are considered essential to uphold the integrity of the healthcare system, restore trust in the judiciary’s ability to govern fairly, and ensure that both physicians and patients are treated with respect and protected under the law. The current “guilty until proven innocent” approach, often triggered by baseless accusations and dubious expertise, needs to be replaced with a system that adheres to fundamental legal rights.

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RESTORE DUE PROCESS: “..This systemic corruption ultimately weakens the healthcare system by distracting practitioners from patient care and fostering a climate of fear.”

CONCLUSION

LET THEM DIE OFF

Erosion of Due Process and Fundamental Judicial Principles: A core concern is the alleged disregard for due process and evidence-based decision-making by medical boards. They are accused of “twisting facts and establishing arbitrary standards for assessing physician actions,” effectively creating their own narratives instead of upholding justice.

Unchecked Power and Lack of Accountability: The article describes medical boards as operating with “unchecked power,” comparing them to “organized crime syndicates, where accountability is alarmingly absent.”

This lack of oversight allows for the alleged abuses to persist without meaningful challenge.

“From a legal standpoint, the actions of these medical boards are problematic, as they often bypass fundamental judicial principles. Rather than upholding justice rooted in evidence and due process, these boards sometimes create their own narrative by twisting facts and establishing arbitrary standards for assessing physician actions.”

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1 Comment

  1. It’s time to do what our framers did when they drafted the declaration and the constitution. Identify the problems then draft a remedy. being dragged around from courthouse to courthouse until a guilty plea was arrived at then set it up for the correction in the constitution of double Jeopardy. We kind of know now what all the problems are, I had a prosecutor run the entire show without involving the board. So the correction is prosecutor must meet with the physician and the board in the beginning and every so often. etc then we push it with the Federation of medical boards and state legislators big job but we need to do it we’ve had a lot of careers ended including mine because of the lack of due process at the medical boards

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