Author Topic: The Guard Dog was Silent in the Night  (Read 856 times)

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Offline MedicalWhistleblower

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The Guard Dog was Silent in the Night
« on: April 16, 2011, 06:43:36 AM »
The Guard Dog was Silent in the Night

Why would medical professionals today who pledged to obey the Hippocratic oath not come forward when they saw abuse, neglect and human rights violations?  The answer to that question is very complex and rooted in the undercover system of how quality control happens in the American medical system.

This is essentially the old Sherlock Holmes clue of the Silent Dog in the Night.

The Clue of Silence

In the story Silver Blaze by Sir Arthur Conan Doyle a critical piece of solving the crime centers on a clue of silence.  In this mystery story Detective Sherlock Holmes investigates the theft of a prized racehorse.  During the investigation, Inspector Gregory of Scotland Yard asked Holmes if there was any particular aspect of the crime calling for additional study.  Holmes replied "Yes," and pointed to "the curious incident of the dog in the nighttime." Inspector Gregory replied, "The dog did nothing in the night-time."  Holmes said, "That was the curious incident." This curious incident was the failure of the guard dog to bark during the intrusion.  This clue of silence was an important material fact, and the famous detective then deduces that the dog knew the culprit.  This reduced the number of suspects and eventually solved the case.

In 2001,  Dr. Janet Parker DVM, Executive Director of Medical Whistleblower,  was actively assisting in the investigation of  the Straight Inc situation in conjunction with Department of Justice officials but from a different perspective.  The previous ISAC United Nations complaint had been written from the perspective of the teen victims of the  psychological and sometimes physical abuse and torture.  Dr.  Janet Parker focused her own investigation on why the medical professionals mandated by law to report such abuse,  had often times been silenced.  

 The Health Care Quality Improvement Act HCQIA appears on first glance to be a law to protect the public health but has instead been twisted by persons with political power and financial influence to a means to remove any targeted Medical Whistleblower.  This threat of removal of medical licenses and discrediting of Medical Whistleblowers is done through a process of behind the scenes administrative actions and quasi-judicial meetings coupled with quasi-governmental immunity for non governmental subcontractors.  Doctors and other medical professionals are exposed to Bad Faith Peer Review and whistelblower retaliation that strikes at the heart of their very professional and personal life.  A covert system of intimidation and witness suppression was uncovered.   Victims of human rights abuses need to have medical professionals come forward report the abuses and testify in court if they are to receive any justice.

Inspector Gregory of Scotland Yard asked Holmes if there was any particular aspect of the crime calling for additional study.  Holmes replied "Yes," and pointed to "the curious incident of the dog in the nighttime." Inspector Gregory replied, "The dog did nothing in the night-time."  Holmes said, "That was the curious incident."

The history of these non governmental organizations showed political and financial connections between the Straight Inc,  the American Society of Addiction Medicine and their ASAM state chapters which had morphed into the Federation of State Physicians Health Programs (FSPHP).  

Funding of the ASAM program was shunted to off shore accounts and taken as charitable donations to a tax-exempt non profit organization.    Surprisingly the state governments allowed these chapters of the ASAM to become the investigative arm of the Department of Health, in spite of their lack of proper credentials to do that and their obvious historical connections with patient abuse and human rights violations as well as probable hidden criminal violations of the ASAM members themselves over their own personal addiction pasts (drug abuse, alcoholism, sexual violations, gambling).   This system was hidden under the legal umbrella of another non profit, the Federation of State Physicians Health Programs.  The Federation of State Physicians Health Programs was set up as a State Physician Health Program in each state and incorporated to limit any liability for their PHP directors and board members for their actions.  In addition these State Physicians Health Programs have private contracts (undisclosed to the public) with the State Medical Associations which permitted them to hide their actual influence and control over targeted doctors and to hide their reporting activities to the National Medical Databank and the State Medical Board.

The Federation of State Physicians Health Programs obtained through political power the contracts to "monitor" and "investigate cases in development" for the various State Departments of Health.   Thus the very persons who had direct personal and financial ties to abuse of patients became the Department of Health watchdog for medical quality assurance for every licensed medical professional in the state.   A carefully worded contract provided a wall of deniability for the State Governor appointed members of the State Medical Board for any abusive actions the Physicians Health Program (PHP) might take against a targeted medical professional.  This allowed the FSPHP to act without any governmental supervision over their actions except a once a year limited financial audit. The State Medical Board members abdicated their governmental regulatory responsibility to persons with known Human Rights abuses in their background.

This governmental power to "monitor" every licensed medical professional in the state also came with HIPPA protections of the State Physicians Health Program records which limited law enforcement access to their files and prevented adequate supervision of their actions for civil rights and human rights violations.  But this HIPPA privacy did not protect the targeted doctor's privacy,  instead in careful legal wording in the contract the State Physicians Health Program obtained permission from the State Department of Health to secretly behind the doctor's back and without any due process in court share private information from the "case in development" with employers, potential employers, co-workers, family, friends and even the National Medical databank, all under the guise of "protecting the public health".  The State Physicians Health Program Directors scoffed at Federal Privacy Act provisions and did whatever they pleased, knowing that their actions would never get scrutiny from the State Department of Health or Federal Law Enforcement.

In addition to obtaining the exclusive rights as a subcontractor to do the Medical Quality Assurance "monitoring" of doctors, nurses, pharmacists, dentists, therapists, chiropractors, and other medical professionals,  the State Physicians Health Programs lobbied and received quasi-governmental immunity from prosecution for this violation of Civil Rights and even Human Rights.   Thus we allowed persons with a history of involvement in human rights violations to have immunity for any further human rights violations by shielding them from the investigatory powers of law enforcement.  Instead, using this Department of Health contract,  the State Physicians Health Program utilizes the powers of law enforcement to force targeted doctors to its will.

Thus when doctors asked legal questions about who held the contract with the State Physicians Health Program they would be given vague, misleading and deceptive answers to clear legal concerns regarding their privacy if they "volunteered" for the PHP program of "monitoring".  If they did not "volunteer" they were told that they would be reported to the National Medical Databank and their career in medicine would be over.

Do not mistake this "volunteering" to be in the Physicians Health Program to be a free act of informed consent.  The Physicians Health Program is coercive, deceptive, manipulative and uses both "Color of Law" and "Color of Official Right" violations of civil rights,  as well as direct threats against the medical professional's license in order to force persons into their program.  There is nothing voluntary about how they do this.  They even use secret abductions (interventions) if necessary to obtain illegal custody of targeted doctors.  This includes doctors who are blowing the whistle on human rights abuses, patient neglect and abuse and medical fraud by the state government against the federal government.  This was a perfect way to silence any whistleblower who might have the audacity to report any human rights violations of substance abuse treatment facilities in the future.   The ASAM substance abuse treatment professionals had learned their lesson after two United States Congressional investigations into Straight Inc and SEED.  They had learned from the Dr. Leonard Masters case that serious damages are awarded by the courts to victims of Human Rights abuses.  They wanted to prevent any intrusive investigations into their treatment facilities by Federal FBI agents.   They learned to hide their abuse by becoming the watchdog over all licensed medical professionals in the state.

The Fox was in charge of the Hen House.

There is no avenue for choice of medical provider or any informed consent given to any medical professional targeted by the Physicians Health Program instead they are given a list of facilities "approved" by the Physicians Health Program and run by ASAM doctors.  The medical professional is told that the law mandates that they comply and their attorney is told that the Physicians Health Program acts as a arm of the State Department of Health.  No one tells the targeted doctor that nobody in the State Department of Health monitors or supervises what happens behind the closed doors.  The actual contract that controls the interaction between the State Medical Board and the Physicians Health Program is kept secret from the targeted doctor and their chosen personal attorney as well.

These civil rights potentially violated include but are not limited to rights  of privacy, due process, protection against unreasonable search and seizure, right to free speech, right to know the accusations against you,  right to know your accuser and to confront him/her,  right to a jury trial and constitutional rights to liberty and property (US Constitutional  Rights guaranteed by Amendments I, IV, V, VI, VII, VIII, IX, XIV).   In addition persons in the United States have rights guaranteed under international law and medical professionals as mandated reporters of abuse, neglect and human rights violations are considered as Defenders of Human Rights under international law.

In addition, honest, law abiding, competent medical professionals who wished to report patient abuse and neglect were targeted and silenced.  This was accomplished by lowering the evidential standard necessary to force a doctor into the PHP program of  "monitoring".   By arranging for legislative amendments secretly hidden in other state legislation that changed the standard from "proof" of impairment to "reasonable cause".  The PHP considers any accusation even unsubstantiated by any proof to be "reasonable cause to suspect".    So the PHP takes unsubstantiated allegations from disgruntled employees,  estranged or divorced spouses,  angry competitors and even those whose criminal behavior has been revealed by the medical whistleblower.   Remember that the PHP is directly paid by the State Department of Health for "monitoring" the targeted doctor and has a strong financial incentive to keep the medical professional in the program indefinitely while being paid handsomely for it.  This is self referral for financial gain of a patient to oneself, after a workplace forensic examination and is considered medically unethical.  In addition the PHP forces the targeted doctor into treatment centers controlled by the ASAM. The AMA Council on Ethical and Judicial Affairs has stated in their reports that referral incentives, kickbacks, or fee-splitting among physicians are problematic, as they may create a conflict of interest between physicians’ responsibility to serve the best interests of their patients and physicians’ personal financial gain. Medical Whistleblower believes that there should be strict standards of evidence in forensic evaluations presented to governing bodies such as the State Medical Board which considers administrative actions such as removing a medical license.

The PHP also expanded the criteria for taking cases to include "disruptive doctors" and "mental health".   The PHP asserts every doctor is "impaired" and pushes for "addiction" to be the primary diagnosis even if no "proof" of addiction even exists.  Their criteria for reasonable suspicion is a catalog of the symptoms of Post Traumatic Stress Disorder not  addiction.  Facing brutal whistleblower retaliation and bullying in the workplace, medical whistleblowers do exhibit the signs of Post Traumatic Stress Disorder (PTSD).  A review by the court record of the tactics of former ASAM President Dr. George Douglas Talbott reveals that exaggeration, falsification, forgery and outright fabrication on medical records was used against the medical professionals he targeted. Based on investigative research, Executive Director of Medical Whistleblower,  Dr. Janet Parker DVM,   placed a complaint in front of the United Nations in 2009,  for the many Medical Whistleblowers who had suffered denial of Due Process.  This complaint was  regarding the rights of Medical Professionals to act to protect victims of Human Rights Violations and as Defenders of Human Rights to report those violations to the United Nations High Commissioner for Human Rights.

Nothing in this complaint should be construed as a desire to prevent proper medical quality control to occur and for State Medical Boards to assert their proper exercise of governmental authority.  But instead the complaint is a plea that we look carefully at who we place as the watchdog of this very important process and to ensure that proper safeguards for both medical whistleblowers and medical professionals who are patients be safeguarded. Should allegations of domestic violence and human rights abuses be permanently erased from a substance abuse treatment ASAM doctor's record so that he/she can move into a position of national political influence and power?   It is a national disgrace that we allowed medical professionals to be driven to suicide in a system that never protected their civil rights or human rights.   We do need a system of checks and balances between the civil rights and human rights of the medical professionals and also of the vulnerable patients needing treatment and compassionate care.  But when whistleblowers are targeted unfairly, the medical quality assurance system does not protect vulnerable patients from abuse.  It must be remembered that Doctors and other medical professionals can themselves become patients and thus needing a compassionate system of care while they regain their health and move back into their chosen profession of medicine.   DO NO HARM is a tenet of medicine and also of law enforcement.

In addition to being an advocate for those who have medical licenses and are therefore mandated reporters of child abuse, sexual assault and human rights violations,  Dr. Janet Parker realized that many other professionals are involved in providing information to investigative agencies.  These persons could be patent attorneys,  NIH researchers,  certified public accountants,  attorneys,  law enforcement officials, Department of Health investigators,  Food and Drug Administration investigators, prison guards and even airline pilots.  So persons from a wide range of professional backgrounds might have evidence of abuse, neglect, medical fraud or human rights violations -  all could be Medical Whistlelbowers.

We need to protect the right of the guard dog to bark in the night.
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