Medicare Fraud: Hospital-Reimbursement After Whistleblower-Reprisal Over Preventable Deaths.

The Semmelweis Society

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  Dr. Verner S. Waite incorporated The Semmelweis Society in 1986 in California, the year of PATRICK v. Burget and of the HCQIA of 1986.  
 
  He then approved the incorporation of The Semmelweis Society International in 2003 in Tennessee by Drs. Bard, Butler, and Hinnant and attended its annual meetings. 
 
  He died in California on 17 August 2007.  In his honor, we continue his tradition of testifying at no charge on behalf of doctors facing biased peer-review.

"Those who cannot remember the past are condemned to repeat it."  Santayana

First Let's Read All The Small Print
In corporate America, people are frequently fired without notice on Friday afternoon at 4 P.M.  A guard escorts them out of the building.  Sometimes the drive is removed from the computer.  There is no due process. 
 
Fired employees may hope to find work elsewhere, times permitting.  Such hope is not the case for doctors deliberately discredited for whistleblowing to protect patients in U.S. medicine, because Congress passed a law, HCQIA, in 1986.  Pending an amendment to HCQIA, think twice before becoming a doctor in corporate America.  Calculate the debt you will incur against the falling quality of the profession as it turns increasingly corporate, irrespective of whether a private or public, non-profit or for-profit corporation controls medicine in your state.  The reforms passed by our corporate Congress did not restore the Constitutional due process taken away by HCQIA of 1986.  J.D.'s and M.B.A.'s now control M.D.'s in the "Land of the Free."

2006: Dr. Waite at Washington meeting of
ssi06_013.jpg
SSI. Click to his successful lawsuit.

 
"Six of my cases were brought up for review by a tissue committee controlled by competitors. A nurse (sic), employed by the Saint Francis Hospital, testified that I had the highest rate of complication. Why such testimony was admitted is a matter of some interest, in itself.  Liability for bearing false witness is an important related matter, in itself, and falls under the topic of immunity.  Under our gracious new laws,  I would not be able to win $500,000 today were a nurse again caught committing libel."  Verner S. Waite M.D., Fellow, American College of Surgeons

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Santayana
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Semmelweis lawsuit over identity-theft. Click here.

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Lawyers

PATRICK v. Burget

  Dr. Verner S. Waite incorporated The Semmelweis Society in 1986 in California, the year of the PATRICK case and of HCQIA.  He then approved the incorporation of The Semmelweis Society International in 2003 in Tennessee by Drs. Bard, Butler, and Hinnant and attended its annual meetings.  He died in California on 17 August 2007.  In his honor, we continue his tradition of testifying at no charge on behalf of doctors facing biased peer-review.
 

  If you are a physician deciding where to practice or facing biased peer review, contact these doctors and join their organizations according to your preferences:
 
1.  Dr. Blake Moore of Semmelweis Society International at 803 447 4565 and BHMFACS@hotmail.com;
 
2.  Dr. Robert Weinmann rlweinmann@yahoo.com at UAPD.org, (www.UAPD.org, http://www.uapd.com/wiki/uapd/uapd_staff?wikiPageId=247875) if you are a member of the Union of American Physicians and Dentists;
 
3.  Dr. Lawrence Huntoon (doctorlrhuntoon@earthlink.net), (716) 627-7759), if you are a member of AAPS (www.aapsonline.org).
 
     Ralph Bard M.D., J.D., FACS and co-founder of Semmelweis Society International, Incorporated advises intercepting sham peer-review before any hospital hearing, if you are to have even a remote chance to preserve your medical career, because of the power of the data bank as cited in the article by Scott Segall J.D. and William Pearl M.D. (See 'Should Hospital Peer-Review Include Due Process?' on the first page of this web site and below.).
 
     Remember, in 1982 Dr. Verner Waite defended his career by suing 2 surgeon-competitors who persuaded a Saint Francis Hospital (Downey, California) nurse to lie under oath regarding information in the hospital's computer, but his career-defense would not succeed today, because of HCQIA, passed in 1986, the year he won his case and the year of PATRICK v. Burget.  Because there is little or no legal career-defense today, doctors and students are advised to look for medical careers outside our great country.  If you decide to stay here, always have at least two sites of practice and at least two state licenses.
 
  Realizing the effect of HCQIA in 19886, Dr. Waite founded The Semmelweis Society, Incorporated in California in 1986.  The $559,000-decision in his favor was made in the same year as the successful PATRICK case and the same year as the passage of HCQIA, the Health Care Quality Improvement Act of 1986:  It specifically omits due process from peer review, thereby denying doctors their Constitutional right to due process.  
 
     Recently the cases of Dr. Shaller and Dr. Poliner have shown that the United States Supreme Court has no interest in this matter.  So much for "Equal Justice Under Law," the inscription on the Court.  One has to ask, is there any other kind of justice than 'equal' justice?  Apparently so, and apparently that is what doctors are getting in this 'Land of the Free.'  Doctors do not have the protection of Justice Under Law:  They do not have a country that defends them.    This state of affairs raises the inescapable possibility, however remarkable it may seem, of serving mankind as a doctor in another country, perhaps another English-speaking country, pending an amendment to HCQIA guaranteeing due process in peer-review as a Condition of Reimbursement.  Such are the choices facing college students and medical students in our "Land of the Free" in which Congress remains forever controlled by corporate contributions and saccharine smiley buttons advising us to "Have A Nice Day."
 

 
     The Supreme Court has refused to hear cases in which patients have died (See SHALLER/MOORE), so there is little reason to expect it to hear doctors destroyed by the dearth of due process.  Enter medicine at your own risk, pending amendment of this law.  Congressman Henry A. Waxman knows of this issue in detail, and has done little in 18 years since SHALLER.
 
  Today in addition to the usual attack from competitors, doctors face attacks from their own hospital's board:  It allows its administrator and lawyer to brandish the term "disruptive" whenever it is needed to threaten physicians whose ideas, including safety-proposals, are disruptive to hospital-profit or hospital politics.
 
     Charles Bond, J.D. has written a compelling article ("The War Is On....") suggesting that doctors incorporate and obtain their own permanent counsel to protect themselves from the Medicare-paid hospital lawyer.  As you can see, the public is paying lawyers for both sides in this struggle, first through Medicare taxes and second through overhead costs for physicians to pass along to patients.  At the end of the day, we are all patients, and we spend this money on lawyers to protect ourselves from losing our doctors to the abuse that accrues from having no due process.  
 
  Other countries appear not to have our dishonest peer review; they also lack our approach to monetary disclosure.  According to the Wall Street Journal, non-profit hospitals are making money, ~5%, but it is not called profit.  HButler@pol.net

#2394 of 2403, Added By: BHMFACS, MD, Surgery, General, 12:39PM Aug 09, 2009

There is no "Semmelweis Fight". SSI was the victim of identity theft accomplished by a few delusional individuals with certain bizarre political goals. Based on a false affidavit (perjury) filed with the Sect of State of TN office these delusional parties seized the corporate identity and were able to utilize this identity theft to temporarily seize control of one of SSI's web sites from Dr. Butler and Dr. Holmes. One of these individuals pretended to be Dr. Holmes to attempt to seize funds from the private and corporate accounts run by Dr. Holmes. The FBI has been investigating into this "bank robbery"
To call this a "fight" is a misnomer. The victims of an identity theft crime are taking proper legal measures to undo the unlawful acts of the perpetrators of multiple crimes. As anyone who follows this blog well knows the Court system is painfully slow-thus undoing this identity theft and bringing the perpetrators to civil and criminal justice is ongoing.
There is but one SSI--Founded by Dr. Waite, reincorporated by Dr. Bard, Dr. Hinnant and Dr. Butler, and still very active in aiding injured doctors and lobbying for change. 3 weeks ago I stood on a stage on the steps of the capital building in Washington DC and gave a speech about the importance of ACCOUNTABILITY in meaningful healthcare reform to a rally sponsored by multiple reform groups.
There is one SSI. Your officers remain active and continue to lead the fight for accountability and civil rights for healthcare providers, and as patient advocates rallying against the excesses of corporate medicine.
There is no Semmelweis fight.

BLAKE H. MOORE, MD FACS CIME
PRESIDENT SSI

Professsor Holmes' Letter

Medical School, Internship, and Residency Choice

http://browngold.com/news/physician_files_multimillion_dollar_lawsuit_against_johns_hopkins_complaint.pdf

The Health Care Quality Improvement Act of 1986 permits any hospital board to ignore due process as stated in the Constitution; the United States Supreme Court has twice refused to rule in this matter (SHALLER, POLINER).  Without due process, medical practice is unsafe for patient and doctor.    Doctors can lose their career-investment before paying back their career-loans:  The risk of choosing MD over JD or MBA is too great.  The doctor-shortage is predicted to reach 200,000 by 2020. 

"Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."  Louis Brandeis, United States Supreme Court
 
"The failure to change and improve the current system will continue to result in the loss of qualified and skilled physicians from their profession due to others who maliciously pervert the current peer review process for their own selfish motives."  Hall
 
"Physicians who are entrusted with the care of their patients can see their professional careers destroyed if they dare to challenge a hospital's practices.  When a 'whistleblowing' physician is retaliated against, it threatens not only the physician's livelihood, but the care of all patients.  This ... affects every patient and potential patient in America."   Alan Dershowitz, Harvard Law School