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EDITORIAL: Withholding information

The Nevada Board of Medical Examiners once posted on its Web site information on medical malpractice lawsuits filed against Nevada doctors. But the board removed this information from its site in 2005.

Prompted in part by the wave of public outrage over southern Nevada's endoscopy clinic crisis, Gov. Jim Gibbons called last month for that information to be restored.


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  • Citing their conflicts of interest, the governor also called on three members of the Board -- as well as Board Executive Director Tony Clark -- to resign. But late last week, when the four refused to step aside, the governor backed down.

    At a meeting of the Board last week, Board member Donald Baepler -- possibly emboldened by the governor's wavering on the resignations -- proceeeded to challenge the governor's instructions on posting the malpractice lawsuit information.

    "The simple fact is most people do not understand malpractice lawsuits and settlements," Mr. Baepler said. "Many involve doctors who have done nothing wrong."

    Late in his life, Thomas Jefferson addressed such concerns:

    "I know no safe depository of the ultimate powers of the society but the people themselves," the author of the Declaration of Independence advised us. "And if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion."

    If Mr. Baepler, who had some responsibility for elevating the discretion of the average Nevadan when he was at UNLV, believes the typical Nevadan too muddle-headed to understand such concepts as the presumption of innocence, would he also like to see such lawsuits removed from the realm of trial by jury?

    Lawsuits once filed become public information. Once we start withholding from the public information which they "might misunderstand," where would the secrecy end?

    To date, the governor's handling of the endoscopy clinic crisis has exhibited much of the deftness of a panicked kitten trying to fight its way out of the wrong end of the paper bag.

    But in this case, his first instinct was correct. Gov. Gibbons must remain firm in his demand that the board stop withholding such public information from the public.

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    oldlawdawg wrote on April 01, 2008 12:58 PM: ZZ: What act of "obstruction of justice" has Gibbons committed? I understand your ire but cannot quite follow your logic.


    ZZ wrote on April 01, 2008 10:45 AM: Its called obstruction of justice and Gibbons should be charged.

    Gibbons needs to step down and or face charges, fines and possible jail time.
    Where is the DA's office? Why hasn't anyone acted on this clown?
    Wake up Nevada!!!


    Susanekg wrote on April 01, 2008 09:49 AM: For insight into some of the criminals and incompetents that Baepler and his colleagues have been protecting, Google "Snake Oil Salesmen Hit Jackpot in Nevada" and follow the links. You'll see that the board usually takes action against unfit doctors, not after they kill or injure multiple patients, but after they end up in the news for sensational crimes. In fact, the going rate at the med board for contributing directly to a patient's death is around $5,000, but in order to get even that paltry fine, doctors usually have be subject to years of complaints. Clearly, the Med Board has a whole lot to hide.


    oldlawdawg wrote on April 01, 2008 09:44 AM: Jane Anne Morrison supported Daniel McBride's refusal to resign from the Board on the grounds that, in Jane's opinion, McBride had no real conflicts because he was such a "good person" and "fine doctor."

    Jane was also the one who openly suggested leniency for Dr. Ben Venger, who testified at the trial of Noel Gage that he routinely offered perjured testimony about the plaintiff's injuries in PI cases in order to inflate the plaintiff's damages and, accordingly, Venger's own "cut" from the judgment or settlement for providing such testimony.

    While Jane did call for the Board to resume publication of medical malpractice information, thereby exposing a problem, as soon as the Board suggested it would reconsider that policy, Jane wrote a self congratulatory article praising herself and Barbara Buckley for the Board's possible change of heart, when, in fact, that article has the effect of praising and legitimizing any decision by the Board to resume publication of malpractice info on its website today that also allows the Board to avoid legislation specifying the manner in which it must make such information public, thereby leaving open the legislative loophole that allows the Board to again cease publishing such information once all the clamor dies down. In her rush to pat herself and Buckley on the back, Jane sacrificed the momentum necessary to amend the law requiring disclosure so as to specify the methods of disclosure, and gave her and Buckley's stamp of approval, as media and legislative "watchdogs," to any self-serving decision the Board makes to once again voluntarily publish malpractice info on its website. Baepler's arrogant comments and attitudes clearly suggest the Board will cease voluntary publication once the heat dies down, if the Board voluntarily publishes at all rather than suggesting that it might and then stalling actual publication.


    JC wrote on April 01, 2008 08:28 AM: I thought it was Jane Anne Morrison who was leading the charge to get this information back on the web site. She isn't even given one prop here. Poor Jane! :-)


    br wrote on April 01, 2008 08:02 AM: Hi JG

    Republicans may have given us a C- gov, but we should all be glad we didn't F- Titus. She is the one proposing a bond issue to pay the current bills. Bonds create another debt that must be serviced for decades. Politicians never talk about cutting frills. They scare us with talk of reducing essential services. Look what was done with Guinn's big tax increase. Mostly it went for more pay/perks for our poor public "workers". The beat goes on...


    oldlawdawg wrote on April 01, 2008 07:59 AM: If Baepler's defiantly biased, arrogant and elitist attitude and comments are not clear proof of the very bias and apperance of impropriety that should have proved Gibbons correct and required Daniel McBride to resign, than it is hard to imagine any appearance of bias and impropriety that would. New legislation is needed to define what conflicts of interest automatically preclude an individual fromn service on this and any other professional oversight authority.
    Existing legislation requiring the Board to make all information pertaining to medical malpractice claims available to the public needs to be amended to specify the manner in which the Board must do so. Then we need to fire this Board and start all over again. I, for one, am sick of the arrogance and hubris of the elite of the medical profession and their general attitude of being "above it all." Apologists for the Board such as the RJ's Jane Ann Morrison should be ashamed of themselves and their abuse of their media pulpits, and have all of their future opinions held suspect. Its time for a new status quo that is responsive to the public rather than elite constituencies.


    JG wrote on April 01, 2008 07:39 AM: Fortunately for the Medical Board we have a Governor with little brains and no backbone. He spoke before he thought, as usual. The law requires the Governor to show cause to remove a Board member. All he had was a political sound bite. He could not back up his words. The complete Medical Board should step down but that will not happen. The egos are too big and the power they use to protect their own is too good to give up. The good news is now the Doctors have lowered themselves to the level of Lawyers and used car salesmen, and the Governor is showing himself to be completely useless. Thanks for the Republican Party givng us no better choice.


    David Johann wrote on April 01, 2008 05:55 AM: S. Daniel McBride, MD, kept saying "I'm not stepping down [from the Board], there's no conflict of interest" over fallout from the fiasco of sociopath Desai's endoscopy clinics.

    Then we have this story.

    What justification could S. Daniel McBride, MD, et al. have for withholding information regarding disciplinary action against other physicians? Or, of only making that info available by telephone, and then only two inquiries, per consumer, per day?

    Could it be "conflict of interest?"

    Oh no, not that.