Bad Faith Peer Review of Medical Professionals

"Never doubt that a small group of committed people can change the world. Indeed, it's the only thing that ever has." - Margaret Mead (1901-1978)

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Investigations of unauthorized experimentation, malfeasance in health care provision, and medical corruption are difficult and expensive to investigate. There exists a White Coat Barricade which protects criminals in the medical community. This White Coat Barricade is closely tied to corruption within the Medical Quality Assurance Commissions and the Merit Systems Protections Board. The FBI and other agencies tasked with investigative responsibilities seem unprepared for investigations in medical settings presented and are reticent to start investigations. Doctors, hospitals, nurses and those in the medical profession use medical terminology which is often not understood by the investigating law enforcement officers. This language barrier helps criminals in the medical community hide their abuse, neglect and fraud. The medical community uses privacy provisions like HIPPA to protect them from law enforcement scrutiny. When law enforcement does step forward to investigate, the use of Bad Faith Peer Review is very effective to silence those brave doctors who dare to report the unethical, inappropriate and even criminal behavior. The larger hospitals and the medical boards themselves have direct partnerships with the government and use the governmental shield of immunity to protect themselves from scrutiny.

The Health Care Quality Improvement Act (HCQIA) seeks to "improve the quality of medical care" through "effective professional peer review." Unfortunately, a large number of hospitals have learned to exploit the unqualified immunity provisions in the peer review process to punish physician whistleblowers who speak out against hospital practices that threaten the safety of patients and the quality of medial care at the institution.

Victims of "sham" or "bad faith" peer review rarely gain access to any independent due process proceeding to challenge this unique form of retaliation, which in many cases results in the end of their career as a physician. Bad faith peer review against one physician can and does persuade hundreds of others to remain silent rather than advocate on behalf of their patients. When doctors are silenced, it is the American public, as medical patients, that suffers. Congress needs to extend whistleblower protections to all physicians so that when they speak out in defense of our right to excellent medical care, they are able to defend themselves.

The developmentally disabled, those with mental illness, the elderly, the physically disabled, and other vulnerable populations are easy prey to the criminals who do medical fraud, abuse and neglect. Often the patients who are victims of these crimes are poor and sick and have few resources at their disposal. Many of the patients like those in the Veterans Administration Hospitals were asked to put themselves in harm's way for their country but now, though no fault of their own, are often vulnerable and too ill or feeble to advocate for themselves.

Nationwide numerous facilities both at the Veterans Administration and elsewhere should be investigated thoroughly for past and current abuses. There are two reasons to do this. First, obviously, to find out the truth and determine the extent of criminal activity. Second, to develop investigative techniques and protocols that are most effective in these situations. Public congressional hearings should be convened to determine the prevalence nationwide of criminal activities similar to those discovered at Stratton Veterans Administration Hospital, Walter Reed Hospital, Harborview Medical Center in Seattle and Grady Memorial Hospital, in Atlanta.