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Doctor defies Gibbons' call to quit state board




As Dr. Daniel McBride fights to keep his seat on the Nevada State Board of Medical Examiners, he repeatedly points out that he has recused himself from reviewing any actions involving Dr. Dipak Desai, whose endoscopy clinics have been linked to seven cases of hepatitis C.

It's true, McBride says, that Desai has referred a large number of surgery cases to him. But he says that fact, just like his acknowledged longtime friendship with Desai, wouldn't affect any other work he does on the board.

"Remember, I won't be involved in that case," he said this week of Desai.

Although he has distanced himself from the case, though still not to the satisfaction of Gov. Jim Gibbons, who wants him to resign, lawmakers and others are critical of what they see as another conflict.


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  • McBride serves on an investigative committee of the board that probes malpractice complaints brought by patients and others against doctors while also serving as chairman of a medical malpractice insurance company that fights paying out medical claims.

    That company, Nevada Mutual Insurance Co., insures 1,500 of the state's 4,200 doctors, or about 35 percent.

    McBride has been outspoken in his defiance of Gibbons, who cited McBride's ties to Desai in calling for his resignation. McBride declined to talk about whether his work for Nevada Mutual poses conflicts.

    "Put me down for a no comment on that," he said Wednesday. "I don't want to get into that right now."

    The news that McBride is both on the board while running a malpractice insurance company for doctors disturbed Assemblywoman Sheila Leslie, D-Reno, chair of the Legislative Committee on Health Care.

    "Oh, my God, no," she said. "That's why we have to look at how people are appointed. You can't be working for Nevadans on medical malpractice questions and for a medical malpractice insurance company at the same time. Do we have to spell that out for them? That's why we need to completely revamp how members end up on those committees."

    Governors make the appointments.

    Daniel Burns, a spokesman for Gibbons, said McBride's work for the board and the insurance company "is an example of why the public has lost confidence in the credibility of medical care in Nevada. That's why the governor has asked for his resignation."

    The investigative committee that McBride serves on examines about 240 complaints per year, according to Tony Clark, the board's executive director.

    Clark said he could recall only two occasions in the past five years when doctors on the committee recused themselves from examining a case, but he couldn't remember on what grounds. Clark said McBride has served on the investigative committee for about two years.

    Asked whether McBride has a conflict of interest, Clark replied: "I don't believe so." Clark, who is also being pressured by Gibbons to resign, declined to elaborate.

    Clark said the board has investigative committees in both Southern and Northern Nevada. Sitting with McBride on the committee in Southern Nevada are a non-physician member, Donald Baepler, a former president of the University of Nevada, Las Vegas, and Dr. Sohail Anjum. Anjum recently recused himself from hearing any matters concerning Desai. Like McBride and fellow committee member, Dr. Javaid Anwar, he has been asked to resign by Gibbons.

    Neither Baepler nor Anjum could be reached for comment late Wednesday.

    Clark said investigative panels work like a grand jury.

    "They decide when a formal complaint will be filed against a doctor," he said.

    In 2006, the board took 20 disciplinary actions against the state's 4,000 plus physicians, revoking three licenses.

    James Crockett, a Las Vegas personal injury attorney who is not involved in any of the myriad lawsuits against Desai's clinics, including the Endoscopy Center of Southern Nevada, where the six cases of hepatitis C were discovered, believes McBride is clearly conflicted.

    "With McBride on the board there is a great opportunity for an insurance company to work through him to bury a medical claim before it ever gets legs," Crockett said. "Why would anyone who had a claim against a physician think they would get a fair decision?"

    The board can fine doctors and suspend licenses in malpractice cases. But Crockett said too that a guilty finding by the board on malpractice cases would be seen by an insurance company as a green light to go forward with a lawsuit.

    Desai had served on the board of directors of Nevada Mutual, but a company official said last week that Desai had recently resigned.

    Senate Majority Leader Harry Reid, D-Nev., said in an interview that he was "not going to get involved" in the feud over the Board of Medical Examiners, but he disagreed with Gibbons' attempt to dismiss some board members.

    "I just think that McBride is right, Anwar is right in not resigning," he said.

    "They've recused themselves. They can't vote on anything. I can't understand why they should resign."

    Reid acknowledged that both men are longtime friends. He said he has known McBride for years and that Anwar is his wife's physician and "a wonderful man."

    The board, he said, could still do its job with three members not voting because there are enough other members.

    Review-Journal writer Molly Ball contributed to this report. Contact reporter Paul Harasim at pharasim@reviewjournal.com or (702) 387-2908.

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    bear wrote on March 21, 2008 06:13 PM:
    I think awaiting is only happy to be angry, even before anything bad happens.
    Some people are so proud of being angry.


    A Public Servant Forever wrote on March 21, 2008 05:39 PM: Dear Awaiting;

    It is easy to point fingers and place blame, but were you "actually" there to witness the sincere dedication, effectiveness, and hard work that Lisa Jones demonstrated on a daily basis, at the Bureau of Licensure and Certification? Well, I was, and I saw the concern for our health care consumers when they called in to file a complaint; and I witnessed the hours that she put in, just trying to stay ahead of the curve-ball that she was dealt in her many initiatives to ensure the effectiveness of our Bureau. Where were you??? Don't be so quick to throw stones and place judgement on Lisa Jones, who clearly does not deserve it.

    Truly,
    A Public Servant Forever


    Resign McPride wrote on March 21, 2008 02:03 AM: Resign McPride! You're only embarrassing yourself.


    bear wrote on March 20, 2008 11:06 PM: It is the average citizen who gets good grades, works hard, gets educated for several years and then becomes a lawyer engineer or doctor. If one gets qualified then the average citizen can fly a plane or do brain surgery.Do you want me to do brain surgery on you or decide what kind of surgery is needed? Do you want me to decide what computer is good for your needs? I am an average citizen.
    The average citizen elected the politicians, who make the rules .What a great job he did!!There is no easy answer.


    awaiting wrote on March 20, 2008 08:52 PM: I.m so glad that Lisa has a Friend ! Integrity and Lisa don,t go hand and hand The old saying keep your friends close and enemies closer!Maybe you also can dig a hole and jump in it! If it looks and walks and sounds like a snake Its your good Friend Lisa!Public servant or enabler?


    LasVegasCitizen wrote on March 20, 2008 07:10 PM: Why is it we never hear about the average citizen sitting on any of these regulatory boards? By average citizen, I mean the same ones who are good enough to sit on criminal juries and suffer the consequences of backdoor politics and good old boy networks. It appears you need to be politically connected or be high up in business or the friend of someone connected to get appointed. Maybe that is Nevada’s trouble. We need to get the average citizens to sit in judgment of doctors, lawyers, contractors and the like. I am willing to bet that will never happen...make too much sense.


    A Public Servant Forever wrote on March 20, 2008 06:28 PM: As a former employee of the Bureau of Licensure and Certification whose job was to intake the incoming complaints against the medical and health facilities which fell under the jurisdiction of the bureau in Las Vegas, Nevada, and as a public servant, I could not sit back and not respond in defense of Lisa M. Jones. Lisa Jones is not only an exceptional leader; she has been my mentor for over 5 years. Lisa is dedicated, working diligently and with much overtime, to her duties in her position as Bureau Chief, and I know because I was right there by her side along the way. Lisa Jones is incredibly knowledgeable and highly intelligent in her field. What I have always admired about her is her toughness and ability to stand her ground, and get the job done. When I first started working at the bureau, I was an extremely young and shy employee, but working with Lisa not only taught me how to focus and absorb knowledge, but how to effectively convey that knowledge to others with confidence. I actually learned more from working with Lisa Jones then in all my years of schooling. To me, Lisa is really an exceptional Bureau Chief and Manager, and if given the appropriate resources and opportunity, I know that she will continue to do an excellent job for the bureau and for our state. I have always been a strong supporter of Governor Gibbons, and now, I am asking the Governor, as well as the public to reconsider the resignation of Lisa Jones. There are many good public officials out there, and Lisa Jones is an excellent example of one of the best.

    With True Sincerity,
    A Public Servant Forever


    Is He McPride or McFly? wrote on March 20, 2008 05:39 PM: Is he McPride or McFly? In any case, he doesn't "get it."

    Hello McPride, the GI doctor from Indiana is what we here in Nevada call "radioactive."


    McPride Should Resign wrote on March 20, 2008 05:34 PM: Hey McPride, why don't you step down? Aren't you're making all physicians look like j@ck@&&es?

    Can you function objectively when you're on the board of the insurance company that insures a third of the docs in the State.


    Jim wrote on March 20, 2008 05:06 PM: Don't waste your time writing to Harry A/H Reid, he could care less what you as a constituent has to say. He will only respond with a form letter that will have nothing to do with what you were concerned about. The guy is totally SENILE in my opinion. He controls any and all press briefings and public speeches/announcements. He will only answer a question as he sees fit, making a one line response with such a stern face like he is constipated, then he storms off like somebody just stole his milk money. All he is doing is sucking up air and making sure all his sons/lobbyist are groomed to be worthless just like him.


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