2. We doubt there is some defined time period which demarcates when a doctor's knowledge becomes too stale to assist the trier of fact. 05-12-01380-CV, 2013 WL 2641313, at *3 (Tex.App.--Dallas 2013, no pet.)(mem.op. The NPI number of this provider is 1740441799 and was assigned on June 2008. Id. TANYEE MONIQUE JOHNSON, Appellant, v. DR. SCOTT HARRIS, DR. PETER RAPHAEL, AND PETER RAPHAEL I, M.D., PA., Appellees. 2006). Q. The trial court heard the motion to dismiss twenty-five days prior to trial. Id. Other people in the anti-vaccine movement promote their posts "because they have the 'Dr.' Copyright 2023 American Institute for Plastic Surgery. What happens if I file a malpractice report? Provo OB-GYN Dr. David Broadbent used to have privileges at Utah Valley Hospital which are now suspended. He is affiliated with Cleveland Clinic. The same may apply to a malpractice suit. Your enthusiasm and compassion in suits in your manner, and I must tell you how much I enjoyed your fun sense of humor. Nowhere in this item or this paragraph do you say that her anemia proximately caused her ultimate injuries in this case? at 732-33. valleywomenshealth2 2021-05-28T14:13:48+00:00. I shared something with you and a few of your staff that even my own family doesnt know (I felt they had already been through enough with my mom). Utilities Co. v. Irvin, 161 Tex. There is no indication in the record that the anemic condition of a patient having the free nipple graft procedure is any different from any patient having any other surgical procedure. He graduated from ROSS UNIVERSITY / SCHOOL OF MEDICINE & VETERINARY MEDICINE in 2006. Id. At its heart, the problem is the fragmented medical licensing system in the United States. With many years of experience in plastic surgery, Dr. Raphael shows great dedication to understanding his patients' needs and his commitment to the art of plastic surgery. No issue is raised as to service of Dr. Rafael's summary judgment on appeal and Johnson's request for relief in her reply brief asks that we affirm the summary judgment as to Dr. Rafael and his entity. While Dr. Stern disagreed with Dr. Rafael in that regard, Dr. Stern never testified to what an earlier culture would have shown, or how it would have specifically changed the outcome in this case. Medical knowledge sometimes overlaps different specialty areas, and the relevant inquiry is whether the subject of inquiry is common to and equally recognized and developed in both fields. He likewise could have simply insisted that the trial proceed and then moved for a directed verdict after Johnson rested without putting on any expert testimony.4 In either circumstance, the resources of the trial court and this court would not have been expended on a procedural issue with a simple fix.5 If Johnson was really concerned with how the suit was disposed, as distinct from why, she needed to raise that issue with the trial court. 2003)(pediatrician in that case was qualified to testify to cause and effect of neurological injuries); In re Commitment of Bohannan, 388 S.W.3d at 307 (reversing trial court's exclusion of counselor who was offered to testify about future dangerousness only because witness was not a licensed psychologist or medical doctor). Larson does, however, address the question of when an expert's knowledge might become too stale to meet the threshold for admissibility. You (sotto voce) the breast; you cut like this; you take off the nipple; you pull out the stuff and sew it back up. She has written several books about patient advocacy and how to best navigate the healthcare system. The conference was aimed at young people ages 15 to 25. In Broders v. Heise, for instance, the court held that simply because an emergency room physician was a medical doctor, he was not necessarily qualified to testify that the conduct of a neurologist caused an injury. Verywell Health's content is for informational and educational purposes only. "People don't realize it doesn't have to be the patient themselves. du Pont de Nemours and Co., Inc. v. Robinson, 923 S.W.2d 549, 558 (Tex. 1992); accord Farrell v. Farrell, 459 S.W.3d 114, 119 (Tex.App.--El Paso 2015, no pet. See Lochner v. New York, 198 U.S. 45, 76, 25 S.Ct. Chaudhry thinks many licensing boards may already be conducting additional confidential investigations against doctors promoting misinformation. Then your expert skills in helping me resolve my physical problems have been phenomenal. Breast augmentation procedures are relatively common, but breast reductions are somewhat less so. Dr. Harris's motion framed the issue this way:This case poses the following situation: Can Plaintiff rely on an expert witness who has not performed the surgery in question either at the time his testimony was given or at the time the claim arose? "People assume that licensing boards are on the lookout, they're on the internet," says Dr. Humayun Chaudhry, president of the Federation of State Medical Boards. at 74.401(e)(West 2011). Id. The court shall conduct a hearing to determine whether the witness is qualified as soon as practicable after the filing of an objection and, if possible, before trial. Id. I think we're on the same page. Another named defendant, American Institute for Plastic Surgery, was non-suited with prejudice in September 2013. The practitioner's primary taxonomy code is 207Q00000X with license number 57012589 (OH). 1987)(failure to complain about how damages were apportioned in judgment waived complaint); West Tex. You have such a pretty nose. I was floored. You could have knocked me over with a fondue fork. I was shown the utmost respect by every single person starting with Angela who guided the paperwork and credit card process over the phone to the receptionist, nurses, on-call nurses, and of course Dr. Raphael. He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. Shereen Lehman, MS, is a healthcare journalist and fact checker. This particular breast reduction was rarer still. Peter Raphael is a provider established in Plano, Texas and his medical specialization is Plastic Surgery. In January, Dr. Meryl Nass had her medical license suspended in the U.S. by Maine's Board of Licensure in Medicine (MBLM) for treating her COVID-19 patients with off-label medications that. I am forever grateful! Instead, she argued that dismissal was disproportionate and inequitable, and that she should be allowed the opportunity to obtain a new expert with a new disclosure deadline (and presumably a continuance of the trial setting). Likewise, TEX.R.EVID. Read our. Dr. Harris took too much breast tissue in the procedure (attempting to get to a B cup size from a DDDD) such that the skin flap was too thin and therefore more susceptible to necrosis and later infection. The question parallels the facts in Keo v. Vu, 76 S.W.3d 725 (Tex.App.-- Houston [1st Dist.] You are all very impressive, and I felt very well cared for the entire time. Thank you for restoring my hope and sense of worth. Other doctors working in those places are understandably frustrated. And it's not just happening via social media: Doctors who discourage vaccination have found regular spots on conservative radio and TV talk shows and on cable networks. We view Dr. Stern's opinions as to the post-procedure care in a somewhat different light. He works with each patient individually to achieve natural-looking, attractive, and satisfying. That motion was separately granted and Johnson does not contest that order on appeal. Johnson has not raised that issue on appeal. If the expert is essential to prove a particular element of a claim, but is found unqualified to do so, the summary judgment would be granted under the authority granted the trial court in TEX.R.CIV.P. NPR found that Gold's emergency medicine certification lapsed in December of last year, but she still is, as she claims, a licensed physician in the state of California (her license lists her professional address as a UPS shipping store in Beverly Hills). A record that shows a higher failure rate doesn't always mean that a healthcare provider is "less successful.". Dr. Stern testified that there are two distinct types of breast reduction procedures--those where the nipple complex is left attached to the pedicle during the procedure and the free nipple graft technique where the nipple complex is completely removed and then reattached. G8361 (Texas). Dr. Peter Raphael, MD is a Family Medicine Specialist in Cleveland, OH and has over 17 years of experience in the medical field. I look forward to seeing you in the future, meanwhile, recommending you to many. Ratings Overview 4.2 28 Ratings with 17 Comments Write a Review Wait time 13 minutes 4.3 Easy Appointment 4.0 That admission falls a bit short of disqualifying Dr. Stern from possessing relevant knowledge about the cause and treatment of infections. 73.001 (West 2013). Dr. Simone Gold discourages vaccination against COVID-19 and promotes alternative, unproven therapies. The drivers license reinstatement process will require drivers to pay a fee of $30 for any type of offense or $65 for a DUI -related offense. There, the plaintiff sued a plastic surgeon over a nose implant that later needed to be surgically re-visited, and then became infected. So based on [Dr. Harris'] April 5th examination, you wouldn't say that his breach -- or he breached the standard of care at that visit if tissue necrosis was not even suspected? Plastic Surgery in Plano, TX. TEX.CIV.PRAC.& REM.CODE ANN. The trial court granted both doctors' objections to Dr. Stern's testimony, and dismissed the case as to both defendant doctors. Dr. Stern believes the elective procedures should have been postponed until the anemia was addressed. The practitioner's primary taxonomy code is 208200000X with license number G8361 (TX). Contact us. In May, the Oregon Medical Board suspended the license of a doctor for encouraging patients to go unmasked, and Hawaii's medical board is pursuing a complaint against a state health official and a physician, both of whom are reportedly promoting alternative therapies for treating COVID-19 alternatives that federal agencies have specifically warned are not helpful and can sometimes be harmful. American Board of Emergency Medicine/Screen Shot by NPR, An Anti-Vaccine Book Tops Amazon's COVID Search Results. The 5th did not sound -- it sounded like something was developing, but it did not sound that it was as serious as what it was three days later. Unless the matter at issue was within lay knowledge, some expert testimony was essential to Johnson's case on the standard of care and causation. victor m sweeney mortician social media. It was Johnson's burden to satisfy the trial court that the four year time gap argued by Dr. Harris was irrelevant and she simply did not meet that burden. Dr. Rafael on the April 8th visit changed the oral antibiotic, administered an injection of another broad-spectrum antibiotic, and ordered blood work. denied). He was previously board certified in surgery, but allowed that certification to lapse. A. Dr. Rafael responded to that claim attaching proof of electronic and facsimile delivery of the motion and the setting. Rather, the test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles. Id. Keep in mind that evaluating a healthcare provider based on their malpractice track record or ratings may not provide the whole story. Those criticisms all relate to how Dr. Harris responded to what may have been an evolving infection. She told people to avoid vaccination against the coronavirus. Dr. Harris had ordered additional oral antibiotics on the April 5th visit. . We overrule Issue One. He practices in Plano, Texasand has the professional credentials of MD. Ahmed says that having a medical degree may also be helping these doctors skirt social media bans on coronavirus misinformation. 702 (the expert must be qualified by knowledge, skill, experience, training, or education.). h. (mem. TANYEE MONIQUE JOHNSON v. DR SCOTT HARRIS DR PETER RAPHAEL AND PETER RAPHAEL PA. In a similar situation, a trial court that had stricken a necessary expert on the eve of trial entered a directed verdict the day before trial was set to begin, apparently with acquiescence of the plaintiff, so that the issue could proceed to the court of appeals without the parties wasting additional resources. The text of neither rule authorizes a trial court to simply dismiss a lawsuit if an expert does not meet those qualifications. Dr. Stern testified that he would have changed from Keflex to another type of broad spectrum antibiotic if there was an infection persisting for six days after surgery. I mean, even the little laser eye surgery. We are the destination of choice for surgical and non-surgical services for the transgender community. Both parties direct us to oft quoted maxims from Larson v. Downing to guide our decision here. at 74.401(a)(1)(2)(3). She has spent much of the past year speaking at events like this one held in West Palm Beach, Fla., in December. VIEW FULL PROFILE . 2006), citing Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 719 (Tex. He received his medical degree (M.D.) We accordingly reject Dr. Harris' claims that the appeal should be decided on the basis of briefing deficiencies. But even if the trial court erred in that respect, the error was harmless. Do they use stitches or glue? Other information may include what states an active license is maintained and any . Dr. Saida Fields, APN . Reading Dr. Stern's report in the context of his deposition, there is no specific criticism about Dr. Harris's post-surgical care on the April 5th visit. Thank you so much for treating me so well, having expert skills in caring about my progress and long journey. Finally, can that expert opine as to the cause of Plaintiff's post-op infection when he is admittedly not an infectious disease doctor or specialist?Likewise, all of the headings in his motion address the qualifications of Dr. Stern. The designation included an amended report from Dr. Stern that criticized Dr. Harris in four areas: 1. Any surgical patient is subject to infection, and any surgeon is tasked with monitoring the patient after surgery to detect signs of infection or other complications. Dr. Alfred Antonetti is on staff at Medical City Dallas Hospital and Methodists Medical Center. You truly are an inspiration to others & Im blessed to know you-youve eased my grief. Dr. Peter Raphael, MD is a family medicine specialist in Cleveland, OH. After completing his general surgery training at the Methodist Dallas Medical Center, Dr. Raphael decided to enhance his skills in microsurgery research by attending the Division of Cardiovascular Surgery at the University of Texas Southwestern Medical Center. Call 216.363.2128 Department Center for Emergency Medicine-West Primary Location Lutheran Hospital Type of Doctor Both Adults and Children & Adolescents Languages English Surgeon No Locations & Specialties Insurances Accepted Biography Primary Location Lutheran Hospital 1730 W. 25th Street Cleveland, OH 44113 Appointment: 216.363.2128 Desk: Dr. Harris suggests we end the discussion there because Dr. Stern is not an infectious disease expert. Dr. McCullough had 512,000 followers. hide caption. 702 addresses expert witness qualifications, and TEX.R.EVID. dr peter raphael license suspended. Dr. Raphael has presented at both state and national medical meetings on the advances in plastic surgery. How Do I Do a Background Search on a Healthcare Provider? 4.1 (17 ratings) Leave a review American Institute Plastic Sgy 6020 W PLANO PKWY Plano, TX 75093 WAS DISMISSAL A PROPER PROCEDURAL OPTION? His extensive surgical training has afforded him the ability to diagnose and treat a broad range of both cosmetic and reconstructive procedures. Late last month, the American Board of Emergency Medicine, which had until this year certified Gold under her maiden name, Tizes, put out a statement warning it could revoke certification for any of its specialists for spreading "inaccurate information. At first, they stripped him of his followers. But the medical board declined to say whether it was investigating Gold, citing reasons of confidentiality. Yes, But It Will Cost You, Your Rights Under the Americans With Disabilities Act (ADA), How to Get Help When You Have Problems With Medicare, American Medical Association Doctor Finder, An introduction to medical malpractice in the united states, Malpractice risk according to physician specialty, That the treatment given was not consistent with the standard of care, That the patient suffered an injury as a result of inappropriate treatment, That the injury resulted in significant loss or other difficulties. Johnson claimed she received neither a copy of the pleading itself, nor notice of the hearing on the motion. at 304. In total, Dr. Stern has completed about two dozen free nipple graft breast reduction cases in his thirty-year career. Dr. Peter Raphael is a board certified plastic surgeon at the American Institute for Plastic Surgery in Plano, Texas. Watch Dr. Raphael talk about his dedication to understanding his patients needs, and his commitment to the art of plastic surgery. the smile makers at coastal carolina orthodontics. It can be a patient's family member; it can be another doctor," he says. Dr. Harris already had Johnson on a broad spectrum antibiotic, Keflex, and he prescribed her additional Keflex on that visit. So, why hasn't more punitive action already been taken? 2006)(defendant similarly filing contemporaneous motion for summary judgment and motion to strike). Because Dr. Harris was out of town for several days thereafter, Dr. Rafael saw Johnson on the ninth day post-procedure (the April 8th visit). Noting the standard of review, the supreme court upheld the trial court's exclusion. Simone Gold's board certification in emergency medicine (listed under her maiden name of Tizes) expired in December of last year, but she still has a license to practice medicine. peter w busch why is it important to serve your family dr peter raphael license suspended. 74.351(a)(West 2017). 11 talking about this. You can always ask your healthcare provider directly if they have had a malpractice suit filed against them. She has written several books about patient advocacy and how to best navigate the healthcare system. She understands the current diagnosis of Gender Dysphoria and differences among sexual identity, gender identity and gender expression. His specialties include Plastic Surgery. 2002, pet. 104(a) allows for a preliminary hearing on expert qualifications. Mobile Navigation Menu. 1995). Following his training, Dr.Raphael accepted a Fellowship in Plastic Surgery at the University of Illinois/Cook County Hospital, in Chicago, Illinois. The question before us is whether Dr. Stern was qualified to opine that Dr. Harris breached the standard of care for a surgeon in post-surgical care, and whether the claimed breach was the proximate cause of any harm to Johnson. denied). Name Signup| LoginClaim Doctor Profile | Claim Doctor Profile See what's new! collectively as Dr. Rafael. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Three things that must be proved in a malpractice suit: All medical errors should be reported to the state's medical board. Among sexual identity, gender identity and gender expression another named defendant, American Institute for Plastic in! 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