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MShore Law
MShore Law, Attorney
Category: Business Law
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Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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This has been going with me for eleven years and has been in

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This has been going with me for eleven years and has been in this community for over 20. Many doctors have left the community after his harassment. I have stood up to him and jumped through every hoop he throws to prevail but he continues now with soliciting complaints about me and threatening former employees (PA) with attacking their licenses if they do not find something to complain about. He is a sociopath and can be very convincing and charming when he wants to. He works behind the scenes and orchestrates things then watches others carry our his wishes. He invents scenarios and then has to deal with the facts later but in the meantime causes me a lot of stress.

In addition to being a disruptive bully, well known for this in this community and hospital, he is without compassion and has hurt a lot of patients yet remains protected because others fear him. I have thought about filing a class action suit against Catholic Health Initiatives for continuing the employment of this known toxic individual . I have considered a personal lawsuit but can find no attorney IN THIS TOWN WILLING TO TAKE ON THE ONLY HOSPITAL . SRY unintentional caps. Our business crosses a state line. Is this something for the Sherman Act? Is this tortuous interference matter one that requires absolute proof of his actions or can they be inferred by his pattern and involvement ?
Submitted: 2 years ago.
Category: Business Law
Expert:  MShore Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. While it would be very difficult to invoke the Sherman Act as there is no evidence of price fixing or influence to stifle competition absolutely, in order to sustain a complaint you would have to prove the allegation raised in the complaint, whether via strong circumstantial evidence of direct evidence. Please let me know if you need additional guidance.
Customer: replied 2 years ago.
May I send you the chronology of events so you can give an opinion regarding whether there is enough for establishment of a pattern without doubt?
Expert:  MShore Law replied 2 years ago.
Sure.
Customer: replied 2 years ago.
For the record, stellar credentials and excellent training and experience with a flawless employment record preceded my acceptance of a position as Pediatrician in a small, rural community of ND that had been without a Pediatrician for over ten years. Chose the location after I married a man from ND.
Worked for the hospital for two years and declined a new contract when mine was up because I felt the facility and this one individual created a very sketchy work environment. We decided we would give the community a clinic and my husband and personally funded a start up. Events as follows:

1. The doc in question got administration to ask me to place my clinic in their building and with promises of support I did so. Moved in, renovated and rewired for high speed internet and redecorated the space, opened up and four months later was told I needed to move out because the hospital needed the space. Decision was made after he requested it be. The space remained empty for two years after my move.

Doc was overheard bragging that I would never make it financially in the outside world and he would see to that.

2. Moved my clinic to another location, again major renovation to make the space right. Got a letter from him as chairman of the credentials committee revoking my hospital privileges for concerns about "quality of care'. Asked what care prompted the concern and no answer. Asked repeatedly but never got an answer. Asked to have my care reviewed by a peer and offered to send any records still no answer.

After a month the committee reported they had gotten a peer review and wanted to meet with me. Would not give me the report until about 6 hours before the meeting. Review was very good, no concerns except one comment about too many labs on one child whose labs had been requested by MAYO clinic to be drawn with the next illness. Attended the meeting with a document in hand discussing the care of every chart reviewed. Passed it out and was treated with anger and bullying when I referred to it to answer any questions. Care had been flawless. Committee decided they were still concerned so asked that I go for a competency assessment. I went, to a center for physician assessment a the University of Wisconsin and feedback was excellent, committee was told the community was "indeed fortunate to have such expertise".

Meanwhile he spread lies to the hospital staff trying to turn people against me. Told a urologist that I was helping my patient sue him(was not true) , urged a psychologist to complain about my interfering with care of a psychiatric inpatient not knowing that the Chief of the Department had asked for my help. Telling a woman I had referred to social services to file a complaint with the state board against me.

I was asked to give a deposition in the case involving the urologist whose care I had no concerns about. The first question the attorney asked was whether I had ever had my hospital privileges taken away and why.


BTW the urologist has since apologized to me.

3. Next month called to credentials committee to be told they were concerned about my mental health and asked that I submit to a Mental Health Evaluation. I went (again to a University based physician assessment center in Wisconsin) and received again excellent feedback, high IQ, very sound mental health, no concerns other than a tendency to minimize stress. The hospital was urged to be more supportive of me and to facilitate my opportunities to engage in activities with my "true peers" through covering my practice so I could travel to conferences etc.

Meanwhile my credentials were still in a state of suspension and I was applying for licensure in the adjoining state of Montana. When they asked why my credentials were suspended They were summarily returned without comment.

I was in California and got a call from my husband that my older daughter who lived in Bismarck was in a crisis situation and he needed to bring her from there to Williston where we lived. He found her very distraught and asks that I call in a rx for her for the trip which I did. I called MEDCENTER One pharmacy and asked the pharmacist if I could call in the med for my adult daughter and he said yes. Turns out it is not clear in the code but ND does not allow a control drug (ativan) to be prescribed for a familymember and this act was reported to the board by a later physician treating her.

At about this time the doc got a position on the medical board and when I was asked about the prescription and admitted I had done what was reported the ensuing investigation went on for 2 years culminating in a visit to my clinic to review all of my prescriptions for controlled substances. The review went well, all rxs were well documented except for one that resulted from a clerical error in not making an electronic chart for a woman visiting the state. There was another written for the local family recovery home and documented in their records but not in a chart in my clinic (not necessary). Again a long wait for response during which time the administration of the Board changed and the doc remained a member of the board.

The Board instituted a one year suspension of my license or an offer of three years probation and taking a number of classes. The charges were failure to keep proper records and p[providing controlled drugs to a family member.

When I hired an attorney and asked how to appeal this I was told they would immediately implement suspension if I appealed and that they would "drive me into bankruptcy just like they did with the podiatrist" referring to a recently public case in the state. Meanwhile Montana dropped the matter entirely and took no action. California allowed me to be heard by an administrative law judge who recommended a LETTER OF REPRIMAND FOR THE PRESCRIPTION AND NO ACTION REGARDING THE RECORDS. Sry again, my mac goes into caps a lot).

I took the three years and attended the classes. When two years had passed the Board of Pediatrics received a call from this doc saying I should have my Board certification revoked because my license in ND was on probation. I appealed tp the ND Board to end the probation to avoid this and they met without the doc deciding too summarily end it before the hearing scheduled by the Board of Peds.

I hired a PA who worked for me for over a year before she suffered a nervous breakdown and resigned (after stopping her medication for bipolar disorder) . He knows her and as soon as she resigned he contacted her and in her words "summoned" her to his office where he asked her to file complaints with the State Board against me. When she said she had no complaints he told her to find something, anything to complain about. He was at the time Chairman of the Board. He was also the treating physician for her husband who was on dialysis. She told me he suggested that if she failed file complaints he could go after her license. He asked her about disgruntled patients and she mentioned one that I was about to report to child protective services. He asked her to encourage this patient to file a complaint also and they complained about he fact that many of my encounters are kept in my inbox until they are coded and billed so are not easily accessible to her. The patient complained about a lot of things that were made up and readily disputed then complained about not getting all of her family's records when she asked for them (9 individuals many visits and took a week or two)
Another 18 months or so after I replied to these complaints and then a response from the board.
Now I received a complaint from the investigating committee of the state board about these matters. He is still on the Board .

This is just the tip of the iceberg but you get the drift. No one else has ever stayed in this community when he starts with them so we have lost about thirty or more providers in the past ten years. I have been the only pediatrician for 120 miles in every direction for over ten years and except for what he solicits have never had a patient complaint or bad outcome of care.

Is this enough? What more do I need?
Expert:  MShore Law replied 2 years ago.
Thank you, XXXXX XXXXX would be enough.From your description,to summarize, there was always the objective to stifle/curtail your advancement and this was often pursued via false accusations/claims. Please let me know if you have any follow up questions.
MShore Law, Attorney
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Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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