Falsification is FRAUD by Lino Dial Part 3

Falsification is Fraud

Falsification is FRAUD
By Lino A. Dial M.D.

First of all, in examining the hospital patient medical records, the panel of investigators were looking for things which the doctor ( Internist ) did or did not do. If what they believe should have been done and you did not do it, you are a Bad Doctor, you will be subjected to disciplinary action or something worse; your hospital privileges will be removed; you do not earn a living; you suffer; you are put to shame; you are ridiculed; you are reported to the Medical Board and all the bad things happen to you. That is exactly what happened to the internist.

Findings during the Investigation:

The doctor, Internist, who was investigated made a mistake in reading an Electrocardiogram of his patient. This conclusion of the investigation was made in writing, on hospital letterhead. After all the so-called investigation was an official function of the Medical Staff Executive Committee. It was not trivial; it was not a joke. It was also the official written accusation against the internist. ( I have many copies ).

For those who do not know what an Electrocardiogram is, it is a test of the function of the heart. Not all doctors know how to read electrocardiogram or EKG or ECG. This Internist was trained how to read an EKG.

The doctor who reads an EKG or ECG signs his name at the bottom of the page or the interpretation indicating that he not only read it, he interpreted it, and he is responsible for it. The doctor who reads an EKG does it for his patients or for the patients of other doctors. If he makes a mistake or gives a wrong interpretation, the patient could be given a wrong medicine or drug, and the patient could die. That is why the interpretation or reading is so important.

The evidence for this accusation was the hospital medical record of the patient and of course, the Electrocardiogram. When the record was opened, it showed that the internist was NOT the one who read the EKG. That is not all. There was no mistake because the EKG was normal.

If you are the internist accused in this case, it makes you want to scream and shout : Unfair ! Unfair ! This is a glaring example of false accusation from the Medical Staff Executive Committee. They accused the internist of making a mistake in reading or interpreting an ECG but when the evidence was presented it was not him who did it. Another doctor did it. It was proven beyond any doubt that the accusation was false.

Not only that, it turned out that the EKG was normal. It is rare to make a mistake when you are looking at a normal ECG, especially if you have been doing that for years.

The name of the internist being accused is very short, only four letters. The last name of the person who read the ECG has twelve letters. I have the copy.

Question:

How can anyone make a mistake on who read the EKG ? One name has four letters, the other, twelve. This accusation is not only false, it is full of malice and was intentional.

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The doctor, Internist, did not get a Cardiology Consultation on one of his patients that were investigated.

This is another official, written, formal accusation against the internist. ( I have copies ). It is very easy to prove whether the internist requested or did not request a consultation. All we have to do is look at the evidence. ( I have copies ).

The evidence is the hospital record of the patient. When the evidence was examined, there was a Cardiology Consultation in the hospital record. This is another glaring example of false accusation from the Medical Staff Executive Committee. The cardiology consultation was either there or not there. It was there. The Cardiologist has a name. It can be read by anyone.

Question:

Why did they accuse the internist of not getting a cardiology consult ? This is another intentional false accusation and it is malicious.

The doctor, Internist, did not put or write a diagnosis on the hospital record.

This is another official, written, formal accusation against the internist. ( I have copies ). It is very easy to prove whether the internist wrote or did not write a diagnosis on the hospital record of his patient. All we have to do is look at the evidence. The evidence is the hospital record of the patient. When the evidence was examined, there was a diagnosis. It was written on the front or on top of the hospital record. That is the first thing you see when you open the record.

Question:

Why did they say there was none ? Are these doctors Blind ? I don't think so because they practice medicine and examine patients daily ! This is another glaring example of false accusation from the Medical Staff Executive Committee. This accusation is intentional, false and malicious.

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Conclusion of the Peer Review:

The doctor, Internist, made a mistake in reading or interpreting the Electrocardiogram of his patient.

( This accusation was proven false by the evidence. He was not the one who read the EKG. Besides, there was no mistake. The ECG was normal ).

The doctor, Internist, did not get a Cardiology Consultation on his patient.

( This accusation was proven false also, beyond any doubt, because there was a Cardiology Consultation ).

The doctor, Internist, did not put or write the diagnosis on the hospital record of his patient.

( This accusation was proven false also, beyond any doubt because there was a diagnosis written on top or on the front page of the hospital record. Only a blind person will not be able to read it ).

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We mentioned earlier that the Medical Staff of a hospital has a set of by-laws. The actions of the doctors who practice in the hospital are governed by these by-laws.

Another function of the Medical Staff is to discipline physicians who do not act properly or who make gross and flagrant violation of the law. The Medical Staff performs this function through the Medical Staff Executive Committee or the officers who represent the staff.

The recommendation or conclusion of the Medical Staff Executive Committee was to kick out the Internist from the hospital i.e. to remove his hospital privileges. This is like a death sentence to the doctor because he makes a living by treating patients in the hospital. Another thing is that wherever he goes to look for a job or practice medicine anywhere, the new place will ask where he practiced medicine before.

The reason for this is they want to know his experience so they ask for references from the people or doctors with whom he worked in the past. How can one say " I was kicked out from my previous job ? "

Question: Do you think they will hire him ? Who will hire him as a doctor ? A janitorial job, perhaps ?

This is one of the intentions of the Medical Staff Executive Committee of the hospital in Vallejo, California: to " kill " the internist professionally. When they made the false accusations against him, that is like throwing sharp arrows into his body. Sometimes that is harder to bear than death !

The other result or consequence of being removed from the hospital and stripped of hospital privileges is that the doctor gets reported to the Medical Board and the National Data Bank of doctors where anyone could see his so-called bad performance as a physician or simply his record.

But the Medical Staff Executive Committee told lies, deceits and frauds against the doctor ! The so-called bad record stands or stays until it is corrected. The doctor can challenge the decision or recommendation against him through the by-laws.

In the Medical Staff by-laws, there is a provision that the doctor could challenge the decision against him by requesting a Judicial Hearing. The internist made a request to have a Judicial Hearing ( I have copies ). The hearing was granted by the hospital ( I have copies of the letter from the hospital ). The Judicial Hearing is done according to the laws of the State of California. It is a legal proceeding.

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