Dr. Terry Bennett of New Hampshire, last seen in this space Aug. 25, 2005 facing disciplinary action from his state medical board for allegedly saying rude and insensitive things to a patient, has won a ruling from a judge ordering the board to stop those proceedings. The New Hampshire attorney general’s office represented the board before the court. Dr. Bennett says he won’t let the matter drop and plans to sue all concerned — not a surprise, somehow. (David Tirrell-Wysocki, “Court Says Stop Case Against Rude Doctor”, AP/RedOrbit, Jul. 7). GruntDoc comments (Jul. 11) and a website defending Dr. Bennett is here.
Update: rude doctor won’t be punished, plans suit
Dr. Terry Bennett of New Hampshire, last seen in this space Aug. 25, 2005 facing disciplinary action from his state medical board for allegedly saying rude and insensitive things to a patient, has won a ruling from a judge ordering the board to stop those proceedings. The New Hampshire attorney general’s office represented the board […]
5 Comments
I support the doctor’s seeking recourse. There were violations of his right to free speech and of his right to not have interference with his contracts with patient and payment providers for medical care. To deter.
Prior government experience predicts something. Even if his lawsuit fails, the people at the Licensing Board who hassled him will all have new jobs because they generated defense costs in a tight budget. This will be especially satisfying in the case of the lawyer-prosecutor who brought this un-American, bonehead, PC action against the doctor.
SC,
Just remember to target your complaints properly the next time the New Hampshire State Medical Board refuses to discipline a doctor who badly needs it. This suit right here will be the reason.
Deoxy: The doctor was charged with lack of civility. That is lawyer thought police gotcha. How does that protect the public safety?
No one is advocating any scorched earth against the Board for substantively protecting the public safety. The doctor is now the most regulated, hassled, strangulated of professions. It is time to deter the enemies of clinical care.
The lawyer run license board is one. The doctors on the Board have no influence on this lawyer. If any speaks up? Gone.
Medicine is totally regulated by a single lawyer in each state. He claims total immunity and discretion, like a prosecutor, even though no statute declares him one. Make state government choose between massive costs, and this arch enemy of clinical care.
During discovery, the Board may be found to have gotten the idea of civility enforcement from the AMA ethics people and national accreditation reviewers. As guideline makers, these entities can also be held accountable. To deter.
As a patient, I don’t want my doctor second guessing himself as to how to address me about a life threatening condition, and what must be done about it. If I am so offended by his tone, I can go to another, more mealy mouthed doctor. I have no right to disrupt his practice with a licensing hassle. If I make my complaint public, before it has been adjudicated, I believe, I have waived my legal immunity from torts liabilities to the doctor.
My drycleaner was rude. I changed drycleaners.
I appreciate straight talk from my doctor, my editorial assistant and anybody I pay for their opinion. More doctors should be more frank about their patients’ fat asses.
SC,
I don’t necessarily disagre with anything you posted.
Unfortunately, none of what you posted contradicts what I wrote, either.