Medical Peer Review -- The Semmelweis Society

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28 April 2002
AAPS was successful last week in protecting a doctor's
license against automatic revocation. This doctor
lost one license in an unfair proceeding, but held a
license in another state. He then faced automatic
revocation by the second state. A domino effect
causes a license revocation, suspension of privileges,
or even a "no contest" plea bargain to ripple through
the system to ruin a doctor. Injustices are greatly
and automatically amplified.

In this confidential case, we succeeded in stopping
automatic revocation. Evidence, not bureaucracy,
should be the only basis for restricting the practice
of medicine. AAPS Board members heard about this case
in Cincinnati, and we will discuss it again at the May
18th meeting in Las Vegas. Book your flights to Vegas
now, while the fares are still cheap!

Concerning the attempted forced drugging of Dr. Sell,
in jail for 4.5 years on unproven Medicaid charges,
there have been positive developments. The Eighth
Circuit accepted the recent filing of our amicus
curiae brief on behalf of Dr. Sell. Then, remarkably,
the Eighth Circuit ordered the government to respond
to our brief and the four other amicus briefs on our
side. Stay tuned.

In the unfair conviction of Dr. and Mrs. Mitrione in
Central Illinois, the Court recently ordered a special
hearing to consider granting a new trial, after they
and we filed briefs requesting it. A relatively high
percentage of Medicaid caregivers have been
prosecuted, depriving thousands of needy patients of
care. One 66-year-old Illinois orthodontist was
abruptly imprisoned for several months, leaving his
patients with braces on their teeth and no substitute
who accepts Medicaid. Will the prosecution of soup
kitchens be next?

It was five years ago that we threatened to sue to
stop the onerous E&M Guidelines, and Jane Orient
courageously spoke out at the AMA's "Fly-In". Many
said we could not stop the Guidelines, but we did. To
this day, they remain purely optional. Recent federal
decisions now emphasize that rules should be formally
promulgated, pursuant to notice and comment
procedures, in order to acquire the force of law.

Andy Schlafly

AAPS was successful last week in protecting a doctor's
license against automatic revocation. This doctor
lost one license in an unfair proceeding, but held a
license in another state. He then faced automatic
revocation by the second state. A domino effect
causes a license revocation, suspension of privileges,
or even a "no contest" plea bargain to ripple through
the system to ruin a doctor. Injustices are greatly
and automatically amplified.

In this confidential case, we succeeded in stopping
automatic revocation. Evidence, not bureaucracy,
should be the only basis for restricting the practice
of medicine. AAPS Board members heard about this case
in Cincinnati, and we will discuss it again at the May
18th meeting in Las Vegas. Book your flights to Vegas
now, while the fares are still cheap!

Concerning the attempted forced drugging of Dr. Sell,
in jail for 4.5 years on unproven Medicaid charges,
there have been positive developments. The Eighth
Circuit accepted the recent filing of our amicus
curiae brief on behalf of Dr. Sell. Then, remarkably,
the Eighth Circuit ordered the government to respond
to our brief and the four other amicus briefs on our
side. Stay tuned.

In the unfair conviction of Dr. and Mrs. Mitrione in
Central Illinois, the Court recently ordered a special
hearing to consider granting a new trial, after they
and we filed briefs requesting it. A relatively high
percentage of Medicaid caregivers have been
prosecuted, depriving thousands of needy patients of
care. One 66-year-old Illinois orthodontist was
abruptly imprisoned for several months, leaving his
patients with braces on their teeth and no substitute
who accepts Medicaid. Will the prosecution of soup
kitchens be next?

It was five years ago that we threatened to sue to
stop the onerous E&M Guidelines, and Jane Orient
courageously spoke out at the AMA's "Fly-In". Many
said we could not stop the Guidelines, but we did. To
this day, they remain purely optional. Recent federal
decisions now emphasize that rules should be formally
promulgated, pursuant to notice and comment
procedures, in order to acquire the force of law.

Andy Schlafly

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