| Rich:
The apathy from other medical professionals re HCQIA abuse or a matter of fact any injustice/unfairness going on around them to fellow brethren either in hospital setting or otherwise is simply appalling. As long as their b**t is not on the frying pan, they are glad that it is you and not them! Either they are 'gutless wonders' - hear your story, sigh with sympathy and turn the other way, to carry on their business as usual. Then, there are BOHICAs (bend over here it comes again!) who invariably sit on all the key committees, check the right boxes and take immense joy in watching you getting fried! This comes my personal experience in 20 + years of private practice (NO Contract), with three B certification ( Rad, Nucl Rad plus Managed Care Medicine in 2001), squeaky clean credential files from 3 hospitals in 20 yrs with not a single letter of complaint from either physician, patient, nurse or technician. To this date. my mal-pract Ins carrier has paid ZERO to anybody! If I can lose my privileges (without due process or right of hearing) by a sham scheme designed and executed by my ex-partner ( supreme BOHICA) in conspiracy and blessings of Hosp Adm , imagine the fate of a young Med graduate or a doc with less than kosher professional history! Worse, can I trust my own doctor to do the right thing for me in these kind of hospitals! My only crime was being very vocal advocate of quality issues in patient care and refuse to dance to the tune of Admn. I told them orally & in writing that I will try to do the best I can to my patients (as if they are my family) without regard to interest of Hosp Admn or HMOs or any other bottom line oriented pencil pushers! I am getting persecuted and punished for my beliefs by a powerful Health system with no accountability, sham social values and blinded with arrogant corporate power. I don't even need a hand, to count the number of docs willing to support me! You become a persona non grata immediately both professionally and socially! So I know, how it feels to be victim. My legal bills nearing 7 digits and still counting! My fight goes on and entering 8th year! Do you think I got a $ from any body or any of the ORGs I used to be a member? Needless to say this has become a personal mission for me. (http://aaps.forums.commentary.net/forums/Index.cfm?Message_ID=59150)
Sundar V. Nilavar, M.D Date: December 30, 2002 08:09 PM F Y I The above ruling is in favor of a physician (radiologist) in an on going lengthy (needless to say very expensive and emotionally exhaustive) fight for lost privileges and other claims. I am sure every body knows that it is virtually impossible get a ruling against peer review privilege immunity under state law in most of the states including Ohio. But according to the above ruling, my understanding is that there is no such thing under Federal common law claims! This was not challenged to the Fed appeals court. I am a medical professional and not an attorney and the subject is indeed complex. I can only explain from my perspective and experience. Beside the venue (Fed v State court) the other probably more important factor is the attorney you select! You should also be willing to get involved 100% body, soul and mind. My claims started in state court in early 1996. There is no specialty like Health care atty in legal field compared to Medical residencies. First I didn't know whom to call. Mind you I was severely depressed, isolated and angry. Bar association in major cities will refer to you to 'lawyer' of the day. My state association faxed me a list of names. I picked three and sent a synopsis of my situation. None would advise that there was any claim under federal statue. Two of them outright said I have no prayer against the hospital. The other ( atty X from Nationally well known firm ) said my claims are stronger against my ex-partner than the hospital. I went along with him. But in 1999 I pressed him to go against the hospital administration since I knew from the beginning they were real culprits. But he actively discouraged me! I asked him a written opinion and got one (negative) for which I coughed up at least 10k. He also suggested another atty for second opinion (4k) again re-stating that I have no case! One of his (atty X) associates who (sympathetic to my situation) on my case subtly suggested me that their Legal Firm has an unwritten policy of not going against any hospital! I felt like I got betrayed for the second time. I again started hunting for an atty who was willing take my case. I found out that more than 70% of atty (with in Ohio) I contacted had some sort of business relation to this hosp/health agency or simply declined to get involved! The conflict of interest ( atty-judges and business) is simply shocking! By word of mouth I found of my current attty (atty Y) located outside Ohio. At the outset after reviewing my situation he clearly stated me, in no uncertain terms that I have claims under federal statue ( anti-trust) He also told me that it will be very expensive (retainer fee - 300k/hr+ & no contingency!) and no guarantee of positive outcome. He also pointed out where atty X goofed in my case! I could have sued the hospital on age discrimination (federal) statue. It was too late b/c 1 year of statue of limitation. He also explained what else I could have done! Mind you atty X was very pleasant and competent for the state claims. But I should have hired a feisty one who really believed in my cause from the very beginning. Beside the current win re Peer Review (Y also made the the county Judge recuse himself out of my case after the 2nd appeals court decision in favor of me!) he is very knowledgeable, innovative, simply a breed apart! So hire the right atty (preferably out of state) and the venue & claims becomes part of strategy if he is smart and maverick enough. The biggest problem is to find some one, not only competent but willing to think outside the box. Change occurs only when status quo is challenged by the imaginative and the one who can think 'why not'. This uniquely American spirit has to be admired and appreciated. My litigation is not yet over and I am not certain of a positive outcome but I believe I am doing the right thing and standing up for my rights & values. I would like to hear from the other persons out there with real experience in the pits. Thanks for letting me share my thoughts. Sundar (http://aaps.forums.commentary.net/forums/Index.cfm?Message_ID=59113)
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