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JANE ANN MORRISON: Gibbons throws good doctor under bus to score political points

I know Dr. Dan McBride. I've seen before-and-after photos of the disfiguring cleft palates and goiters he's fixed when he took time off from his surgical practice to go to the Philippines to work for free, hauling his son along for the harrowing experience. I know his wife. I know his sister-in-law. They're all good and decent people.

In the past week, I've seen him impugned in the media because the governor wanted his resignation.

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  • McBride is one of three doctors Gov. Jim Gibbons asked to resign from the Board of Medical Examiners after they all conceded they had conflicts and shouldn't be making decisions about Dr. Dipak Desai and his endoscopy clinics.

    They recused themselves on March 14. The next day, Gibbons gave his now infamous interview with the Reno Gazette-Journal saying the endoscopy issue was being overblown by news media "buffoonery." He made statements that were flat-out wrong. "There was no single-vial of medication reused," he said. Wrong. "There were no reused needles." (Nobody said there were.)

    On March 16, realizing how wrong he was, Gibbons issued a news release. He apologized for his comment about media "buffoonery" and said McBride, Javaid Anwar and Sohail Anjum should resign.

    Demanding a resignation in a news release is pure political ineptitude.

    Or was it a diversion tactic?

    It certainly appeared as if the governor was trying to divert attention away from his foolish Saturday interview, attempting to look as if he were a man of action.

    It worked. The doctors became the story, especially when they refused to go quietly. McBride was the first to fight back, but all three doctors essentially said, "Hell no, I won't go."

    The governor said he'd force them out through legal means, which meant he had to find cause for them to be removed. McBride stood at the forefront, insisting he'd done nothing wrong and that by recusing themselves, the doctors had taken care of the conflict.

    I thought back to 1984 when then-Gov. Richard Bryan appointed Renee Haman-Guild to the newly expanded Public Service Commission, knowing her father-in-law was an executive with Southwest Gas, one of the utilities regulated by the commission. "I realized I made a mistake," Bryan said last week. He asked for her resignation; she refused. Ultimately, based on a technicality involving her party registration, she was ousted.

    But the legal battle between the governor and his appointee took four months.

    McBride, who I believe is a man of integrity, was urged to fight for his reputation. Just like with Haman-Guild, the good fight creates a firestorm of media attention.

    He recused himself for reasons that could show bias both for and against Desai. McBride has known Desai for 25 years and works out of the same medical building as the Endoscopy Center of Southern Nevada.

    On the other hand, his wife has been notified she needs to get tested for hepatitis B and C and HIV because she was one of the 40,000 who had a procedure at the clinic when staff was using unsafe practices, reusing syringes and combining vials of anesthesia.

    McBride's other conflict is serving as chairman of the board for the Nevada Mutual Insurance Co., a doctor-owned insurance company. Doctors created the insurance company in 2002 after a major medical malpractice carrier pulled out of Nevada, making it difficult for doctors to find insurers.

    Since McBride served on the investigative committee of the Board of Medical Examiners, some thought he might use his position there to protect doctors insured by Nevada Mutual by rejecting malpractice claims against them.

    "If I'm guilty of anything, it's of trying to do too much," said McBride, who resigned as chairman of the insurance company this past week.

    McBride failed to see the potential for conflicts between the insurance company and his role on the Board of Medical Examiners. He assumed since it was known he served on both, that disclosure was enough.

    The barrage of media coverage will only dwindle if he resigns, which I believe he may do soon, just to end the controversy. "I need my reputation restored," McBride told me Friday, clearly emotional.

    Bad guys don't care when someone impugns their character. Good guys, however, are devastated at insinuations. Dan McBride is devastated.

    Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275.



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    concerned citizen wrote on March 25, 2008 06:29 PM: Voltron
    The BME is not the culprit here. Let's not lose all sense of objectivity and common sense. As you read all of the he said, she said rhetoric, remember a lot of it is just that, political rhetoric with everyone trying to place blame somewhere else. The BME is doing what they are supposed to under the restrictions and statutes they have been handed.


    sam dehne wrote on March 25, 2008 04:36 PM: This whole brouhaha is just another case of Red Tunas.

    Where's the FBI?


    voltron wrote on March 25, 2008 04:00 PM: Diversion tactic or not the Board of Medical Examiners failed to uphold public safety.

    When you fail at your job you better be prepared to get thown under the bus. No one at the Endoscopy Center of Southern Nevada were afraid of losing their jobs and look where that got us.


    David Johann wrote on March 24, 2008 11:03 PM: Medecins Sans Frontieres
    Doctors Without Borders
    http://www.doctorswithoutborders.org/


    M&N wrote on March 24, 2008 10:27 PM: oldlawdawg: Your treatise is valid, your assumptions to public perception is plausible. You state that when one is confronted with an even perceived, potential conflict, one should walk away from that conflict. In your words you see this as an incurable conflict of interest for which the representative should quietly step aside. I believe that is exactly what Dr. McBride has done here. He recused himself, so as not to place himself in a position to be perceived as prejudicial to any decision made toward Dr. Desai. He stepped away from his chairman position of Nevada Mutual to assure the public that his priority is to remain on the Board of Medical Examiners that is charged with protecting the public, not the physicians. He chose to walk away from the position that would have embraced the "good ol' boy" adage that bind the physician brotherhood, (which I am sure has a similar club within lawyerland), to stay with what he was appointed to do; protect the public safety under physician care. He, like you said of your practice; recused himself in the now infamous GI case; and shed any reason for perceptions of conflict.


    A Public Servant Forever wrote on March 24, 2008 10:13 PM: The Legislative Meeting held today was a recognition for change in our State. Trust me, as a patient advocate; first and foremost, I want to see major improvements in the quality of care and treatment of patients in the State of Nevada. Although others may be prompted to leave our state because of these events, I plan to stay, and I plan to do my part to work towards initiating these improvements set forth by the meeting today. Thank you to Theresa, for speaking out on the dedication and character of Lisa Jones. Those of us who really knew her truly understand that the experience, working knowledge, and “integrity” that Lisa Jones brought to the Bureau is irreplaceable. It is very sad to see good people caught up in unfortunate circumstances, all we can really do is speak out against the injustice or inaccurate justice. I now know and understand that many people are angry and saddened by these events, and my heart feels for you. But, we have a road ahead of us, to making quality improvements in our state, in terms of healthcare, and we can never, never forget these events. Your voices are heard, and we must continue to work together as “one” to always respect and cherish the sanctity of life.


    RJNeedsAnEditor wrote on March 24, 2008 09:20 PM: Sorry, one more thing oldlawdawg. You mentioned,

    "If one is truly disinterested,the last thing one should rely upon to resolve a conflict is ones own "good charactor." [sic]

    Your statement is rather profound. However, I think it would be more authoritative and carry more legal cachet if you didn't have ticks and fleas.


    RJNeedsAnEditor wrote on March 24, 2008 08:58 PM: Uh, one more thing oldlawdawg. I hate to mention this in polite company but, I happened to notice some of the duty you did on the court house lawn today. You need to talk to your veterinarian about getting de-wormed. With your political connections you could probably get into see US Senator/Veterinarian Dr. John Ensign this week.


    RJNeedsAnEditor wrote on March 24, 2008 08:52 PM: Oldlawdawg, you're pretty uppity for an unpedigreed mut. You seem regal and sophisticated until you start chewing on a disposable diaper you found in the trash or you p00p on the court house lawn. Stop yapping at the moon and go get in your basket. Now!


    oldlawdawg wrote on March 24, 2008 08:39 PM: Why did the RJ remove this column from the index at 8:30 p.m. so it's hard to access and comment? Our discussion was getting interesting rather than devolving into the "RJNeedsAnEditor" kind of drivel.


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