Governor Kasich campaigned in 2010 to 'fix' the catch-22s at the State Medical Board of Ohio - and not by appearing on MEET THE PRESS - where they always ask him the wrong questions. Prior to that, from 1990-2010, the State Medical Board of Ohio took hundreds of physician medical licenses, based on 'confidential' complaints & provisional misinformation (anyone can misinform about a physician in Ohio ie someone who doesn't know the physician, or has never met the physician). There's no checking on the credentials of complainants that sign 'confidential' physician complaints in Ohio.
Physicians don't have to have patient care complaints either, or fulfill any legal definition of why their medical license should be taken in Ohio. Medical licenses are taken on a 'provisional' impairment basis, like a 'provisional personality disorder' (where you don't have to have criteria for the disorder), at drunken orgy sessions of the Medical Board where they just get angry that a woman MD has disagreed with their male 'friend.' The Ohio State Medical Board never returns these licenses after the 'confidential' - which no one really knows or knew, was never proven - because no one really knows that there never was a case. They just don't answer their phone - which Governor Kasich allows.
When you call the Ohio Medical Board - they are still 'looking for a case' - or they don't pick up their phone for the last 7 years and so many months - which they are allowed to do legally in Ohio. In 2003, there were estimated to be hundreds of false cases of physician discipline in stacks at the State Medical Board of Ohio. Every other State Medical Board, and their respective Members, knows that this fraud is going on in Ohio - that for the last 20 years medical licenses have been taken for some pretty strange & bizarre things. Every other Governor knows - even Romney.
The Speaker of the Ohio House in 2003, Larry Householder, was not going to put through a Bill to allow physicians to get their 'confidential' complaints in these past cases - as it was estimated that the damages would bankrupt Ohio within a month - there were that MANY false cases of licensure suspension & discipline on the basis of misinformation & false testimony - cases that were known to be obviously 'false.'
Judge Grendell was supposed to help one woman MD, but he wouldn't even call the Ohio Speaker's office - the woman MD had to, and be told why there would be no Bill for physicians to get their 'confidential' complaints in Ohio - EVER. Even the most corrupt of Ohio Speakers recognized fraud and 'disaster' when he saw it. The 'confidential' physician complaint process has been a disaster in Ohio - and every other state - because there is no statute of limitations in Ohio, and no way to rehabilitate these physicians and pay any damages for career loss, reputation loss, and emotional trauma - and get them back to work. Jobs is what Kasich talks about, but not physician jobs - he is not going to get the falsely suspended physicians back to work - no matter what the stupidity of what they were accused of. Matt Lynch posters say 'more jobs,' but he is not going to write a Bill for physicians in his district to get their confidential complaints - so that the physician can solve the problems before they spiral out of control. Patient care mistakes can be undone if the physician knows about the problem, or misunderstanding, as soon as possible. And patients will file a complaint before they will try to discuss.
In the woman physician's case, the Medical Board admitted that the orthopedic care that she got was 'boys being boys' care, but that she hadn't handled the bad care and bad behaviors well. In Ohio, women physicians are graded on how well they handle malpractice done to themselves and their patients - that they lie about it well, change their story. There are no medical mistakes laws in Ohio that mandate no-fault referral in these botched care cases - 'the boys' haven't found a way to make it legal, just a way to make the state pay for their malpractice - the conspiracy of silence.
The Ohio State Medical Board does not have to dismiss a case, even no-fault after so many years; they just don't answer their phone. When you call the Governor's office, they tell you that 'he is not going to do anything.' [November, 2012] Governor Kasich can't allow anything to damage his chances of a Romney Cabinet appointment, and admitting that the State Medical Board of Ohio has continued to take physician licenses, 'provisionally' on the basis of unverified 'confidential' - as you can't verify confidential - and never had to dismiss any of the false cases - is pretty large-scale professional career fraud. Governor Romney would be disturbed at this. This didn't go on in Massachusetts under Governor Romney. This would disturb the 'balance' of any Kasich budget.
The State Medical Board of Ohio has no procedural policy to 'get a physician' back, after they have taken their license for a period of time without a case, no law about liability damages per physician as in other states. The Medical Board just says that you have to sign/admit the case, or never get your medical license back - even if the 'case' doesn't exist as in the case of the woman accused of a psychiatric diagnosis that had never been heard of before 1995.
The Ohio Medical Board attorneys harass the physician to ADMIT the case that doesn't exist, or never get their license back - even when the case is obvious fraud. And the one woman physician has the added condition that she refer to the orthopedic who left her fractures to 'ripen.'
As every other state has found, there are DAMAGES when you, without evidence, falsely suspend a physician license on the pretense of discipline based on a 'confidential' complaint. That's why most states DO NOT DO CONFIDENTIAL PHYSICIAN COMPLAINTS, eg Rhode Island, Massachusetts - the brainpower states won't let this nonsense go on. And you have to have a statute of limitations that is at the longest 7 years - not 20.
Ohio Medical Board experts in the past have blatantly 'cheated' during Hearing testimony and been paid for this with state funds - one case the Board manufactured Rorschach test answers and a psychiatric diagnosis that didn't exist - paying both experts with taxpayer monies. So if the woman MD admitted the diagnosis that didn't exist, she was still supposed to get psychiatric treatment - as the Medical Board Members didn't know that the diagnosis didn't exist - 1995-6. The Medical Board Members just paid for false testimony, but never admitted that it was wrong. Physicians in Ohio have to get out-of-state experts to expose the fraud at huge expense. Paying for one expert, a woman MD's family had to put out about $50,000 - and the Medical Board still would not give her license back.
Prior to 1990, the State Medical Board had to have evidence, and a proven case - or multiple VERIFIED patient complaints - to take a medical license. After 1990, everything could be 'provisional,' based on hearsay, based on complaints from colleagues that the physician had to disagree with because they were out-of-date. This went on also in Texas, and New York, until recently. Both states have done reforms of procedural policy at their respective State Medical Boards -- after being sued successfully. You can no longer file an 'anonymous' physician complaint in Texas, but you can in Ohio.
One case in Ohio illustrates this mess, and the lack of any procedural policy to dismiss ANY false case at the State Medical Board of Ohio. Unlike any other crime, or anything, there is no statute of limitations with the State Medical Board - they just change the 'confidential.' And Governor Kasich does not get this.
The case: In the 1990s, one woman physician in Ohio complained that a certain orthopedic at a hospital in Ohio was leaving fractures to 'ripen to excrescence' as a way of getting surgeries - any casts were applied without stockingette padding - again to get a surgery after the cast had to be removed for swelling, infection & skin breakdown - this orthopedic turned out to have a lot of surgical infections. This is unethical torture, and should have been stopped by the hospital, but it wasn't as things went outpatient at the time - and he had a wife on the Hospital Board - whose monied family runs a Capital Management Company in Columbus.
So the lack of casting of a wrist fracture went on for almost 3 weeks while the male orthopedic partied, drank, played polo and shopped for polo ponies - physically he was around the Cleveland area, and the hospital, watching the woman's fracture collapse saying 'nothing to do.' At one point he got on the phone drunk (MALE physicians can drunk-dial in Ohio - it's just 'boys being boys'), and talked about the woman MD not liking his 'personal habits,' but he wasn't going to refer her. And you can eventually get someone to refer, or believe you, but it took 3 weeks in this situation. The x-ray was clearly a fracture from the start, but the orthopedic was playing with her as she hadn't referred enough patients, etc. The woman had to herself supply the initial splint, and order the initial x-rays.
This orthopedic had also been kicked out of another Community Hospital previously - for the same neglect of normal care - he's now at Euclid Meridia Hospital. Other orthopedics on staff at two hospitals would not interfere as the orthopedic had 'friends' on the State Medical Board of Ohio - he didn't have to cast, refer, send records, or consult.
The complaint was that the woman MD could not get her records, was not allowed to be referred - the orthopedic told anyone that asked that the woman MD did not 'deserve' care - and the comments and harassments continued after the woman MD finally got the fracture casted by another orthopedic. The complications went on for over a year.
The Mayo Clinic had to help save the hand, and this speaks badly for Ohio orthopedic care - care that the State Medical Board allows 'friends' to do. Salvage orthopedic care from Ohio has to go to the Mayo Clinic - the problems are so bad. In Ohio there are 'pill-mill' and 'cast-free' physicians - Governor Kasich has only gone after the pill-mill.
The woman MD first called the Medical Board, asking that one of the 'friend' Board Members help her - that didn't work. One Member friend, Carla O'Day MD, was supposed to cover this up by seeing the woman MD in the hospital ER - but the woman MD got transferred down to University Orthopedics. The Medical Board was aware that the male orthopedic would do bad care, let him do the bad care, and would not stop it preventively - and tried to cover it up by having a Board Member see the problem and diagnose the woman as 'crazy' from the getgo.
After the woman MD complained nothing happened for a year until she again tried to get her records and the orthopedics to sign-off. The second Ohio orthopedic had done an 'experimental' cast, making a bad situation worse. Then the woman MDs medical license was taken for a 'personality disorder' - that she would complain about another more senior male MD. Translation: so that she wouldn't sue the orthopedics - not that she could.
Now the problem is that Mr. Whitehouse at the State Medical Board is worried about his statute of limitations - but even he admits that it is long gone - but he's not going to pay damages for false processing of a case. That would make Governor Kasich blame him for the problem. The Governor needs to admit the problem, and that it was the Governors before him that looked the other way for the fraud. The woman MD was only trying to get an official 'sign-off' from the orthopedics, and any records - to get them to the consultants helping her with the complications of the nocast and the experimental casting. The woman MD's records only showed up at the State Medical Board years later.
This case has gone on for 20 years, with 5 ordered psychiatric evaluations of the woman MD, two of which the Medical Board has admitted 'cheating' on. The woman MD has taken every psychiatric test, and every test in the pipeline, and scored 'normal' - it is all on file at Columbia-Presbyterian Hospital in NYC.
The Medical Board's answer in 2003, was to order a sixth psychiatric evaluation on the woman MD - she had to send a bank check for $5000 and submit to two days with Dr. Phillip Resnick at University Hospitals in Cleveland. The woman MD had to refuse this as the complaint is still 'confidential' - no evaluation is legal without the complaint. And maybe she doesn't need a 6th psychiatric evaluation - this is abuse & sexual harassment at this point. Abuse which Dr. Resnick - who should know better - has agreed to participate in. There is never any informed consent with these evaluations either. The experts just agree to give the Ohio Medical Board the diagnosis that they want - as they have done twice before and been paid for.
The Ohio Court of Appeals threw the case out in 1993, but the Medical Board restarted it as they had no way to dismiss the case without fault in 1993 - no policy in their by-laws. Every other state has a policy to dismiss a false case at their State Medical Boards - but those procedures all involve paying damages to the physician falsely accused - and Ohio doesn't want to do that. But they don't even want to do no-fault dismissals, and let the physicians get a loan to retake their Boards and re-credential. The problem: Governor Kasich doesn't GET that there is no STATUTE OF LIMITATIONS at the State Medical Board of Ohio. Standards change, training changes, but fractures are still casted in 2012.
Ohio does not want to pay for the mistakes of Medical Board Members that let their 'friends' do bad care. Carla O'Day MD resigned from the Medical Board rather than get investigated, but Dr. Anita Steinbergh and Dr. Lance Talmadge are still there. Both knew about this orthopedic, and have let him continue doing bad care without a refresher course, or continuing education to improve his practices, or evidence that his orthopedic results & complication rate have improved. This is handled by a 3rd nonpunishable pathway at many Medical Boards ie Minnesota.
But unless you have a statute of limitations, there is no way to end FALSE cases at the State Medical Board of Ohio. The last Executive Director, Tom Dilling, admitted that this woman's case was probably false, that she was most likely innocent given the lapses of due process, the rather obvious lies, and the admitted cheating by the Medical Board experts. But that was in 1998.
In 1998, there was an offer that her case would be 'opened for reforms' - that she would not get any damages - but that she could get her license back. The woman agreed, but the offer was taken back as no one at the Medical Board wants to be blamed for this mess. Mr. Whitehouse wants to run for Attorney General, or something like that - and he can only have convictions, not innocent cases collecting damages.
This needs Governor Kasich's attention before any Romney offer, or someone is going to inform the Senate Committee that has to approve his appointment that he has been sitting on gross fraud at the State Medical Board for the last two years. It's not just one case, it apparently is stacks of cases of such a number that justified legal damages would bankrupt Ohio, and the legal proceedings would paralyze Columbus within a month of a House Bill releasing 'confidential' complaints to the physicians involved in unresolved Medical Board cases. Many physicians would accept no-fault dismissals to get out of Ohio - physician jobs in Ohio leaving.