27 October 2021, I complained to the Texas Medical Board (TMB) about an incident with a Texas Medical Doctor and his unethical treatment of me, the patient. The full complaint can be reviewed here. The file number for this action: #22-1620, and the response I received is a textbook case of bureaucratism from beginning to end, in a letter dated 02 November 2021.
- The author of the letter, writing on behalf of the TMB, cannot even use my appropriate title, name, and the letter dismissing my concerns is a form letter of the worst design, surpassed only by the VA whose form letters cut off almost an extra inch in the right-hand margin.
- An investigation into the issues with the Dr. AAMR Arif Herekar MD was not launched as the actions by the provider “do not fall below the acceptable standard of care.” The letter references “Sec. 154.058” as the legal standard.
Texas Occupations Code – OCC § 154.058. Determination of Medical Competency is a truly interesting document, designed, I can only surmise, to protect the asininity of the bureaucrats. A point-by-point breakdown is discussed.
- “Each complaint against a physician that requires a determination of medical competency shall be reviewed initially by a board member, consultant, or employee with a medical background considered sufficient by the board.”
Nowhere in the letter does it reference an individual who reviewed my complaint. If I read this section of the code correctly, all that has to happen is a living person check to ensure Dr. Herekar has a license to practice medicine in Texas. Essentially, Dr. Herekar has met the basic competency for this section. Dr. Herekar is living, paying his dues, and a living bureaucrat has assured us he is licensed properly by the State of Texas. As a side note, do you feel better that a bureaucrat assures the general population a doctor is appropriately licensed and dues-paying; I do not!
- “If the initial review under Subsection (a) indicates that an act by a physician falls below an acceptable standard of care, the complaint shall be reviewed by an expert physician panel authorized under Section 154.056(e) consisting of physicians who practice in the same specialty as the physician who is the subject of the complaint or in another specialty that is similar to the physician’s specialty.”
- “The expert physician panel shall report in writing the panel’s determinations based on the review of the complaint under Subsection (b). The report must specify the standard of care that applies to the facts that are the basis of the complaint and the clinical basis for the panel’s determinations, including any reliance on peer-reviewed journals, studies, or reports.”
Yet, my complaint was somehow satisfied under section (a), so sections (b) and (c) do not apply. Leading me to wonder, but not to question enough to “file an appeal.” What I wonder about is the professional and ethical standards allowing for a provider to lie about a patient’s actions and then dismiss that patient from receiving further care, based upon the lies generated, and dismiss the patient using Facebook instant messenger. As the bureaucrat cannot, and will not, respect me sufficiently to explain, expound, and address me correctly, one must wonder about the rest of the State of Texas and the bureaucrats who call their actions competent.
- Consider with me the problems of a medical provider lying about a patient’s actions, and ask yourself, would you trust that medical provider?
The Department of Veterans Affairs (VA) and the American Taxpayer is paying for me to visit a non-VA or “Community Based” provider. That provider does not want me as a patient and makes this clear from the moment he introduces himself. Why; possibly because I cannot wear a mask. Perhaps because the VA chooses how much that provider will be paid. Maybe because the provider simply does not want more military veterans as patients. Fundamental core reason never provided, but the provider is at best passively hostile and willing to invest the barest of minimums in care to receive the maximum amount from the VA possible.
Because the provider must provide the VA with patient notes, the easiest way to rid himself of a military patient is to lie about that person’s conduct. Thus, the doctor can play the victim, receive payment, and continue the veteran abuse perpetuated by the VA. The lies of this provider are reported to the VA, and providers at the VA consider the veteran a “behavioral problem,” further reducing the quality of care.
Yet, the TMB considers the actions of this provider above the “acceptable standard of care.” It must be a good gig to be a liar and thief in medical practice in Texas, for the bureaucrats at the TMB will protect you and assure the community that care was above the “acceptable standard.” Tell me, TMB, what is below the acceptable standard of care? If a medical provider can lie, cheat, and dismiss patients using unsecured methods of communication, and this is above “the acceptable standard of care,” what are actions below the “acceptable standard of care?”
Explain to the community, dear bureaucrat, how HIPAA was protected and the patient’s rights protected as part of “acceptable standards of care.” Relate how trust in medical providers is enhanced when a medical provider can lie about a patient’s behavior, slander and ridicule that patient, causing more issues in receiving healthcare for that patient. The Texas Medical Board is supposed to be the arbitrator and settler of problems; yet, this problem is not resolved, simply pushed on to other bureaucrats. That is the epitome of job security for bureaucrats, not properly fulfilling your duties.
I repeat, only for emphasis, “Houston, we have a problem!” That problem is internal malfeasance and misfeasance on the part of bureaucrats. To the Governor of Texas, to the Texas State Legislator, what are you willing to do to fix these despicable actions of useless bureaucrats?
© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the photos or images used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images. Quoted materials remain the property of the original author.