This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
Public Information Request to the Maryland Board of Physicians Drop Dead
Marylander’s have lost control of their government. Administrative agencies, exemplified by the Maryland Board of Physicians, hide behind carefully crafted regulations enabling these public entities to keep their perversions and malicious behaviors hidden from the public. Reminiscent of pre Glasnost days, before the Soviet empire tumbled, physicians requesting information on hearings and administrative assaults from this corrupt entity, meet a stone wall when making a Public Information Access Request. Citing lawyer-client privilege, immunity, exemptions from state law and more the Board of Physicians disables physicians’ lives, at will, then jumps behind a veil of secrecy. Most recently this physician requested records from the Board of Physicians, for a bogus hearing he participated in during the month of December in 2016, the reply in legalese: Drop Dead.
Lawyers employed by Maryland Attorney General’s Office run cover for Board of Physicians’ members. To protect themselves the Medical Board engages these lawyers to perform two tasks: First, prosecute the maximum number of physicians they can to keep their sanction numbers high and secondly to protect themselves when physicians seek redress from their illicit actions. When a Maryland physician’s career is injured or terminated by the corrupt Board of Physicians, this administrative entity encourages doctors to take them to court. Why? In the greatest majority of cases Maryland’s left leaning courts side with their administrative departments, no matter where the facts fall. This Board cares little about facts only results. A few physicians thrown under the proverbial rug, who cares.
The Soviet Union has been gone for nearly 3 decades, yet its corrupt Star Chamber type tactics still survive. Maryland has adopted these processes within the structure of its regulations to suppress any rebuke it receives from a citizen. The laws of Maryland give preferences to some while others meet blunt force authoritarianism. Maryland’s complex legal system buries many. Some, like myself, just refuse to roll over and play dead. The next chapter will play out soon on a legal battlefield.
Mark Davis MD
Mandalay Bay in the Aftermath of Horror
Horror came to a peaceful gathering of approximately 22,000 individuals as the sky rained down bullets on them from the 32nd floor of a very well-known casino in Las Vegas. Mandalay Bay played host to a country music festival on October 1st 2017. With a great lineup and tranquil weather patrons never would have thought the sounds music would be eclipsed by sounds of automatic gun fire. Stephen Paddock gained instant worldwide fame as he carried out his own personal holocaust. This day would be indelibly written on the psyches of millions.
Unknown to those on Spirit flight 695 approaching McCarran Airport carnage was occurring less than a mile down the road. My fellow passengers and I received our first inkling of the events unfolding that evening when our cell phones finally caught signals on the ground. Thankfully Spirit and their great staff kept us on the tarmac for 90 minutes as the first responders finalized it was safe to disembark the plane. No one at the time knew how many shooters were participating in the slaughter. Courage and bravery abounded everywhere sometimes from the most unlikely sources.
Once the extent of the evil was known a tide of emotion overwhelmed the faces of those you passed on the streets and vestibules in hotels. An astounding quiet pervaded the areas immediately around the death scene overshadowing the immense building in the background. First responders may have saved thousands. Left to his own devices Stephen Paddock would have continued his reign of terror to an nth point only God could conceive. Fortunately those who moved on this beast did it quickly and effectively.
The death toll stands a 59 at this writing with more than 500 injured. Makeshift memorials have been established throughout the city. One of note, not far the death scene, displays a series of white crosses inscribed with the names of each victim and statements of regret. As we walked through this area a palpable sorrow and a state of mournfulness was ever present amongst the observers paying their respects. Sadly the media finds the killer more important than the victims.
Extensive investigations are now underway to uncover the basis for this horror. Stephen Paddock was a misanthrope, no doubt. Yet his extreme actions take a leap no rational mind could envision. When the history of this event is finally penned let us pray no one tries to outdo this maniac. May God rest the souls of these individuals and settle the minds of those left behind.
Mark Davis MD
Drugged Up Maryland
Drugs have found their way into every facet of Maryland life. Children are overdosed with amphetamines. While our aged population is controlled by third generation antidepressants. Those in between have alcohol, opioids, psychotropic drugs and now Marijuana. Controlling the masses has never been easier.
Marijuana industry is coming to the entitlement state. Initially 14 licensees have been chosen from a group of 140. Though the state’s Marijuana Commission notes the newly licensed were carefully picked evidence suggests many are politically well connected. Claiming “Medical Marijuana” will be of the purest variety by their choices the Commission needs to explain why not one pharmaceutical company was chosen. Yet someone from the casino industry was.
Decriminalization of Marijuana at the state level has been on the road to reality for years. In Maryland the drug epidemic, both legal and illegal, has gone beyond manageable levels. Adding Marijuana to the mix elevates the problem exponentially. As long as the drug is used in the privacy of one’s home who is to argue with its need and questionable medical necessity. Sense and sensibility dictates the latter will not be the norm. Instead people will mix Marijuana with the other drugs they utilize, including alcohol, resulting an increase in fatalities more expansive than currently is seen. Decriminalization absolutely, providing this drug through state approved outlets is extremely questionable and introduces a series of unknowns.
Physicians, who chose to prescribe Marijuana, must be on a state approved list. Once approved they must certify medical necessity to the patients seeking this drug. After approval the patient can take his or her Marijuana Identification card to a dispensary and receive a limited amount of this drug. Knowing most of the prescribed drug is not going to be used for its medically intended purpose who will be held responsible when irrationality of its use enters the picture? Will physicians be held responsible when a vehicular crash occurs by someone with excess drug in their systems (presently blood level excess has not been set)? If a physician approves too many requests will his or her license be impaired? And the list of unknowns goes on.
Maryland Legislature pays lip service to those whose minds and bodies have been crushed by the never ending supply of drugs consumed by its residents. Marijuana should never have been criminalized. With that stated drug sales should not be supported by state mandate either. Enter a busy emergency and watch as the bodies of drug victims roll in. Marijuana may not be nearly as toxic as opioids. When combined with alcohol or other deadly substances bad results are inevitable. Does this reporter have the answers, no I don’t. Nevertheless neither does the Maryland hierarchy. I hope and pray that I am wrong. Yet experience outside Maryland should have taught those in power something. Apparently it hasn’t.
Mark Davis MD
Trump will not Dance to Kim Jung-un’s Tune
Prior presidential administrations appeased North Korea with money and gifts hoping they would move down a civilized path. Ironically North Korea’s nuclear ambitions became more aggressive. America and its allies are inches from a thermonuclear showdown with a megalomaniac who is inviting war on himself and others. Diplomacy is fading as a tool to sedate Kim Jung-un. Since Dennis Rodman could not seduce Kim into compliance with international law perhaps a missile up his rear end will. President Trump is left with few options if Kim’s trigger finger gets itchy.
Newest in Kim’s arsenal purportedly is a Hydrogen bomb. Power in this type of weapon is exponential to the previous devices North Korea had developed. Allies of this isolated nation, including China and Russia, appear to have enabled the building of this horrific weapon. Nevertheless both countries approved sanctions in the United Nations after Kim set off a series of missiles recently. Guam may be the ultimate target of North Korea because of its proximity and American military base there. President Trump must decide soon whether to continue failing diplomacy or bring the wrath of God down on North Korea’s military. The next few weeks will answer this question.
Mark Davis MD
Medicalboardusa.com is a website designed to provide support to physicians who are under the duress of a medical board intervention and or a malicious malpractice case. When targeted physicians become isolated, their stance in the community is diminished and the economic drain is potentially enormous. With the latter in mind this site seeks to connect physicians with others who have been down this road and appropriate people who can protect them. Medicalboardusa.com seeks lawyers who are extremely cognizant of administrative law that governs medical practice. Medical Boards have counsel well versed in this segment of the law and their targets should have equal representation.
Medical Boards have moved on from oversight of their flock to confrontational assaults with physicians. When targeted a physician should expect the worst from their medical colleagues who sit on these tribunals. With the misuse of standards of care and complex regulatory structure medical boards now entrap physicians with bogus compliance cases. These actions are performed to improve their sanction numbers amongst the states. Studies of the Arizona, Texas and Maryland Medical Boards display they have been politicized to a point that they lost the purpose of their original intent. Case after case reviewed displayed only strong legal representation by a lawyer who knew his/her way around the regulatory mind field had successful outcomes. This site should be a first step for accused physicians to discuss their cases before answering any letter from a medical board inquiring about their practice.
Mark Davis MD
Maryland Board of Physicians: from Bad to Worse
Maryland Board of Physicians has touched many lives, unfortunately not in a positive manner. Coincident with several articles I wrote for the Baltimore Examiner, detailing the unscrupulous nature of this Board, the Maryland Legislature released a derogatory report against this entity in 2011. This report was entitled, Sunset Review: Evaluation of the State Board of Physicians and Related Health Advisory Committees. Embodied in its pages was supposed to be the framework from which the Board would improve its functions and effectuate processes that were honest and consistent with its written regulatory structure. Instead the Board went in another direction. In a series of deceptive reports to the Maryland Legislature over the years following the release of the Sunset Review the Board omitted its failures exemplifying a false front as stated in this article. Managed by lawyers, from the top down, due process has been cast into the fire as this Board cherry picks which laws it will follow.
Medical Boards have come under increasing scrutiny over the last decade. Both the Texas and Arizona Boards have assaulted physicians in merciless manners resulting in loss of licensure for hundreds of physicians who did nothing more than have an MD after their names. State Legislatures woke up and cleansed the slate of characters that managed these administrative entities. Maryland Board’s incessant misuse of standards of care to entrap physicians is a tragedy that needs correction too. In the author’s case the Maryland Board spent hundreds of thousands of dollars and an entire decade to rid the state of this physician over paper compliance issues. Time has come for the Maryland Legislature to investigate this corrupt entity and rid the Board of it’s over dependence on lawyers.
Maryland’s Legislature has taken a step back in its oversight of the Maryland Board of Physicians. Last time I looked physicians were also citizens of the state. Hence they deserved certain due process rights. Appearance of due process is not due process. The Board along with its attack dog the Attorney General’s Office have a routine they follow to keep physicians from their full rights. Through convoluted legalese physicians have had a rough time defending themselves in administrative hearings. The Board’s attorneys have developed strategies to keep physicians from presenting expert witnesses, exculpatory evidence and patient testimony. Case number DHMH SBP-71-07-05227 Mark Davis MD hearing before an administrative court exposes the outright suppression of a physician’s right to defend himself appropriately. The transcript should be read by any physician forced to participate in this Soviet style hearing before a state appointed judge.
With the failure of the Nikita Levy case, the failure to oversee excessive opioid prescribing and the misuse to standards of care to target certain physicians the Maryland Legislature should be compelled to take an independent review of the Board. This should be a review by people who are not friends or associates of the Board as the most recent review by its University connections. In a future article we will review why the Maryland Board of Physicians allowed Nikita Levy case to be hidden from view until it spilled over into the media.
Mark Davis MD
Maryland Medical Society: A Self-Serving Entity
In the course of time the original intent of the Maryland Medical Society has been lost. Predating the Maryland Board of Physicians and its multiple prior incarnations the Society, commonly called MedChi, has become a commercial entity with little regard for those who pay its bills. Claiming to represent all licensed physicians in Maryland its membership rolls are a fraction of the total practitioners statewide. Presently the Society’s website is designed for commercial ventures with sidebars stating how this quasi entity is protecting physicians. The Society is no longer a hedge against an adversarial medical board. Decades ago reviews of physicians’ practices were governed by The Peer Review Handbook generated by a cooperation between MedChi and the Board of Physicians. This is no longer the case as the Society stepped back to take a tertiary role selling insurance and deceptive enticement to bring unsuspecting physicians into the fold. Their targets have been younger physicians inexperienced in practice and the practices of the corrupt Board that licensed them. These doctors will learn quickly when they need this Society their cries for help will fall on deaf ears.
In recent decades the Maryland Medical Society has enabled the Board of Physicians to become the unscrupulous and corrupt Administrative government agency that is in force today. Hundreds of physicians are picked off every year by an effort between the Board and Maryland Attorney General’s Office. With absolute immunity the Board is able to escape retribution by their victims especially when the evidence goes against them. The Society looks the other way claiming it is the proverbial watch dog against this errant Board and legislative efforts against the medical profession. This could not be further from the truth. Both the Medical Board and Medical Society are managed by lawyers. This is not science fiction but a reality that physicians end up confronting when the Board turns its eyes towards them. The cooperative effort between these two entities is elaborated on in the next section.
In the early 1990s the Medical Society published a journal which displayed a cooperative effort with the Maryland Board of Physicians. In this journal the Society would publish raw data concerning physicians who were condemned by the Medical Board. The Journal editors refused to take any response to the data from the physician being victimized by the Board. In the author’s case over a dozen pages of raw data, later found to be false, were published in the Society’s rag. After being told, in the most literal sense to go screw myself by the Society when I complained, the author filed a lawsuit in Baltimore City Circuit Court. Known for its left leaning decisions the author won the case after the Society’s lawyers lied about their connections to the Board. Case number 24C93201023 the Court found the Society had no direct connection to the Medical Board. Therefore it had no right or responsibility to published unedited and or raw data about a physician in their Journal. This author presented this case pro se and remarkably the judge agreed with me. In the aftermath of this decision the Board began publishing quarterly publications of sanctions against physicians written in an abbreviated style.
Maryland Medical Society’s website is far from accurate. Yes, it owns an insurance company which has expanded from malpractice coverage to anything and everything that needs to be insured. Yes, it puts on social events for physicians. Yes, it tries to attract a crowd of newly minted doctors who are unaware how little the Society will give them in return. With that stated the Society has not restrained a medical board whose primary goal is to improve its sanction numbers amongst the states. The foolish notion this entity will help doctors by overseeing legislative efforts concerning medical practice is absurd. The onerous rules on physicians’ backs have increased exponentially under this so-called watch dog. Having an attorney as CEO guarantees there will be little effort to help physicians when the Board turns its eyes on them. In discussions with a multitude of physicians over several years my point of view is widespread. Maryland has a medical society that is self-serving, unwilling and or unable to help physicians through the sanctioning process and does not have physicians’ welfare at the center of its existence. For these reasons and more the Maryland Medical Society only has a sub-segment of Maryland physicians as members displaying how smart my colleagues really are.
Mark Davis MD victimized by this Society once but never again.
Medicalboardusa.com presently under construction
This article will be posted on many sites so the maximum number of physicians will have the ability to read it.
Unmasking of the Maryland Board of Physicians
Maryland Board of Physicians is managed by attorneys not physicians. This Board’s constituent members, physicians, are incidental to the administrative efforts and processes of this Board. Language descriptive to the type of people who partake in this Board’s management would be inappropriate in this article. Needless to state they are the bottom of the barrel. On or about 1992 the medical license of Mark Davis MD was revoked. The circumstances of this revocation were based on frivolous and illicit actions by this Board. An article is posted at: https://onandoffthehill.com/2017/05/04/corruption-entrenched-in-marylands-highest-legal-circles/ describing their illicit actions along with supportive documents. Yes, Soviet style justice is practiced at the highest levels in Maryland. Reading further one will see how criminal they are.
After being viciously debased in the media by former Maryland Attorney General J. Joseph Curran and the Board of Physicians with claims of poor patient care, that never occurred, Dr. Davis filed an unprecedented lawsuit. This case was filed on or about 1994 at the Anne Arundel County Maryland Circuit Court. As the plaintiff in the case, who represented himself, the court was uninterested in his legal filing and dispensed with the case quickly, though each and every fact stated was verifiable. All the defendants were given immunity and the case was dismissed. The Anne Arundel case and its appeal to the Court Special Appeals (in full) are both located at the link below this article to substantiate the factual nature of Dr. Davis’ assertions.
In 1994 Case number 1819, September Term was to be heard by a 3 judge panel in the Court of Special Appeals. The Appellant, Mark Davis MD who brought this case, was approached in the outer area of the courtroom by 2 members of the Maryland Attorney General’s Office. The exchange of verbiage that occurred was both illuminating and extremely outside normal legal processes. These 2 men prostituted themselves by stating in the event Dr. Davis dropped this case, before it was heard by the Court, the Maryland Attorney General’s Office would enable him to have his medical license reinstated. Dr. Davis’, who was representing himself, considered the offer and accepted it in good faith. Sadly this faith was misplaced. In the event this case was heard by the Court a scandal of extreme proportions would have rocked the state and potentially the State of Maryland would have had to pay out millions in retribution to those who were falsely accused. Worse the people of the State of Maryland would have found out how corrupt their Attorney General was. The profound level of deception, misrepresentation and misuse of government office was beyond belief. After Dr. Davis dropped the case he was invited to appear before the Maryland Medical Board to have his medical license reinstated.
In 1995 Dr. Mark Davis represented himself before 15 members of the Maryland Board of Physicians (now the Board has 21 members). Board members asked several questions yet avoided others which were more important. Dr. Davis told them there were no medical malpractice cases filed against him, the other physician staff members, the auxiliary staff or the nursing home where the so-called horrific patient care “never” took place. Dozens of medical records had been requested by attorneys. The nursing home had an umbrella malpractice insurance policy with maximum coverage. Each physician had maximum coverage for that time period (1989-1990). If you are suspicious that a false action occurred against Dr. Davis, you are correct. Quizzically none of the 15 members of the Board or Board’s assigned lawyers discussed any aspect of the Court of Special Appeals’ case. The 1995 Board knew they had been misled and had made a huge mistake against Dr. Davis. The good doctor was told to leave the room. Approximately 1 hour later he was called and told his license was reinstated unanimously by Board membership. In the event you believe this was a wrong made right, it wasn’t. Instead the Board through its attack dog, the Maryland Attorney General’s Office, had ulterior motives.
On or about June of 2001 Dr. Davis received a subpoena for medical records. This was immediately after Dr. Davis’ 5 year supervised probation by the Board was completed. Ten charts requested were immediately sent to the quality assurance section of the Board. This was the beginning of a decade long assault on Dr. Davis’ medical license. After a series of legal encounters and the Medical Board’s disregard for its own written rules Dr. Davis received a document that accused him of violating the Medical Practices Act. Dr. Davis was being charged nearly 6 years after the initial request for medical records, though resolution usually occurs within one year by regulation. The charging document was a series of false allegations, innuendos and misrepresentations written by Robert Gilbert from the Maryland Attorney General’s Office. Five charts were cited by two physician medical record reviewers in the document. Surprisingly one of the reviewers chosen by Mr. Gilbert, who was chief of a medical department at a local hospital, stated Dr. Davis did not transgress any standards of care. The second physician, Ira Kaplan, was engaged to review medical records from a company that Dr. Davis had sued nearly a decade before. Was this a coincidence, absolutely not.
To abbreviate this portion of the story Dr. Kaplan was not an expert in “diet medications” on which the charges was based though the judge reviewing the case accepted him as one. Dr. Kaplan’s only claim for being a medical records reviewer, in this case, was his background in Internal Medicine. Dr. Kaplan’s lack of knowledge of diet medications was obvious when he was cross examined. He might as well have been a carpenter. The Administrative Court found for Dr. Davis in the “majority”, though he was not allowed to present evidence, documents and bring in expert or patient witnesses (see forthcoming e-book Anatomy of a Medical License Revocation). The Board turned the administrative judge’s opinion around 180 degrees and gave Dr. Davis a 3 year revocation though Board members never heard the case directly themselves. After requesting reinstatement from the Board in a hearing during December 2016 they turned down his application. Additionally the Order from Board noted they would not entertain any further reinstatement applications. This case scenario sounds unbelievable yet it happened here in Maryland. This infamous case will be laid out in detail in the aforementioned e-book presently being written. One additional point is a Public Information Request was placed with the Board for all documents, recordings and paperwork related to the December 2016 hearing. The Board outright refused this request, hid behind regulations as the reason to refuse the request and then told Dr. Davis to seek judicial recourse knowing the courts generally side with Maryland Administrative entities. If they are innocent of collusion and corruption why hide information related to this request? It is ironic that the Board hides behind their regulatory authority to protect themselves yet they did not follow the same regulations in Dr. Davis’ case.
The Maryland Board of Physicians, it chief executive Christine Farrelly along with a member of the Maryland Attorney General’s Office Robert Gilbert should be investigated for the following; filing a false charging document, obstructing due process, violating the rights of a physician, violating written physician Board regulations, lying to judicial officers and revoking a physician’s license based on zilch. Please review the attached document at the link noted below. Please allow a few seconds for this site to open. These are the documents that Maryland’s Attorney General J. Joseph Curran did not want the media to see.
Mark Davis MD, email@example.com court of special appeals case
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