Saturday, July 5, 2008

IF YOU SUSPECT BAD FAITH PEER REVIEW SHARE YOUR STORY

We are currently making a documentary on bad faith peer review by hospitals and physicians with less than honorable motives.

Sunday, January 20, 2008

NEED HELP?

Call for a free consultation: 361.887.8670 or joe@floreslawfirm.com

Thursday, December 27, 2007

CONTACT INFORMATION FOR JOE FLORES

MY CONTACT INFORMATION

OFFICE: 361.887.8670 OFFICE
MY LEGAL ASSISTANT
361.739.2866
FAX: 361.887.8651
FELLOW ATTORNEY ON CALL MR. JUAN P. REYNA
361.993.8100

WEB SITE: WWW.FLORESLAWFIRM.COM
TV SHOW: WWW.SOUTHTEXASCROSSFIRE.COM

ADDRESS:
555 N CARANCAHUA, STE. 201
CORPUS CHRISTI, TEXAS 78478

FOCUS ON A WAR HERO: BY HOMERO VILLARREAL

CHRISTUS SPOHN HOSPITAL: WHY ARE WE LOSING OUR DOCTORS?
PART II: FOCUS ON A WAR HERO:
COLONEL TONE JOHNSON, M.D.
BY
HOMERO VILLARREAL
PUBISHER OF SOUTHSIDE DEFENDER AND DEFENZOR

In the second part of this continuing series on doctors leaving Spohn, the Defenzor has focused on a very poignant story that is very relevant; especially during war time: The damage to a war hero’s career as a doctor allegedly by Spohn Hospital. The Defenzor has learned of a high profile federal case involving Dr. Tone Johnson. Dr. Johnson is a decorated Vietnam war hero who received the Bronze star for his bravery in the Drang Valley in 1965 near the Cambodian border. The commander of our armed forces, George Bush has declared Dr. Johnson fit to take care of the men and women who fight in Iraq and around the world but Spohn declared Dr. Johnson unfit for serving in their system.

WAR HERO AND DOCTOR ALLEGEDLY RUINED BY SPOHN: HOW DOES THIS MAKE SENSE?

Dr. Johnson and his attorneys were not available for comment but the Defenzor relied upon Court pleadings and other physicians who wish to remain anonymous contend that Dr. Johnson was given a “raw deal” by Spohn on trumped up charges that he did not actively assess and treat a patient. Sources tell us that Dr. Johnson was a bit of a maverick and eccentric and would not tow the corporate line for Christus Spohn Health System. He filed a Federal Trade Commission complaint against Spohn for allegedly monopolizing the health care delivery system in South Texas, at or during that time Spohn suspended his privileges to practice medicine for what according to the Complaint filed in the Southern District of Texas was a minor infraction. Later, despite the best efforts by Johnson to redeem himself, he was permanently removed from staff. This was the exact result doctors in our last article feared: being ostracized and isolated by the Christus System that has almost total control of care in South Texas.

The Complaint filed in federal court goes on to say that Dr. Johnson was discriminated against because of his color. Dr. Johnson is the only African-American family physician that had privileges at Spohn. Dr. Johnson also had privileges in Alice, Texas and Spohn is the only hospital in town. By taking away his privileges Dr. Johnson lost all of his ability to admit patients in Alice, Texas. Dr. Johnson allegedly suffered not only damage to his reputation but also to his practice allegedly in excess of a million dollars.

WHY DO DOCTORS STAY QUIET?

The answer is obvious. Dr. Rodney Schlorlemmer and others left Spohn to avoid Dr. Johnson’s fate. The nightmare only begins when a doctor loses his privileges. He is then reported to the National Data Base which insurance companies and other facilities can see and determine if a doctor is competent. When a doctor is reported to this data base it is a bad mark on his record. The doctor or the hospital reporting the data then reports it to the State Medical Board which can then decide whether to suspend or revoke the doctor’s ability to practice. This is exactly what drives doctors to stay quiet about the “witch hunts” that occur. Often the doctor cannot get a fair hearing because doctors who compete against him decide his fate. Currently the Health Care Quality Improvement Act mandates that doctors can police their own, but the practice can get out of hand. In the case of Dr. Poliner vs Texas Health Care Systems a jury awarded over $366 million dollars to Larry Poliner, M.D. for a “bad faith peer review” where competing doctors decided he was not fit to practice. Attorneys who represented Poliner moved to have reforms including an independent reviewing committee to judge doctors but to date no legislation has been passed on a federal or state level to mandate this. Meanwhile, doctors remain silent because of fear of losing their practices, reputation and their livelihood.

WHAT CAN BE DONE?
Groups such as the Semmelweis Society have doctors nationwide who are advocating for change and to stop the unfair practices that occur against doctors by large corporate healthcare entities. The group advocates that politicians and medical groups need to reform the “fair peer review” which is not fair to physicians. Leaders such as Dr. Lawrence Huntoon who came to Beeville to speak to a townhall meeting and investigate Spohn’s practices stated that doctors face not only fear of retaliation but also face permanent and longlasting damage to their careers. Leaders of reform point to the Poliner case as a warning to hospitals who engage in “bad faith peer review” as only the beginning if reform is not made.

DR. JOHNSON PREPARING FOR THE BATTLE OF HIS LIFE
According to federal court records Dr. Johnson’s federal court case is set for trial in November 2007. This undoubtedly is now a fight for his very livelihood and reputation just as important as the battlefields he faced and was recognized for bravery for in Vietnam. Spohn hospital has their regular attorneys including Ben Donnell and now have brought in “the air strike” as attorneys like to call it by bringing in the world-renowned Fulbright and Jaworski law firm known for their army of lawyers. Neither Mr. Donnell or the Fulbright firm returned calls to the Defenzor. Court records indicate that Spohn through Donnell and Fulbright and Jaworksi is attempting to bury the Plaintiff’s counsel for Dr. Johnson in paperwork with many motions of hundreds of pages. Dr. Johnson’s attorneys include a nurse practitioner and trial lawyer Joe Flores, who advocates for physicians and nurses, as lead counsel, and attorney Robert J. Heil as well Juan Reyna a former city Attorney both of whom were former attorneys working for highly sought-after defense attorneys Darrell Barger and Jim McKibben. The Defenzor’s research indicates these cases are extremely hard to achieve victory in but with a man of Colonel Johnson’s caliber we are confident justice will prevail and reform in the system for doctors will be achieved.

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