Do you really know who Douglas Gansler is? His manufactured bios and selectively placed internet references do not provide a full picture of the man who wants to be Maryland’s next governor. Gansler’s moves are managed to enhance his own career at the expense of any person or persons who get in his way. His Civil Rights record is a series of vacuous statements which helped few while harming many. Without the ability to notify his patients Dr. Mark Davis was forced to abandon over 4,000 of them in the space of one day. Two of these patients subsequently died shortly afterwards. Gansler’s Office concocted a series of specious civil charges against Dr. Davis that were so profoundly erroneous one would think its author was writing a piece of fiction or a psychopath. To fully understand the breadth and depth of his Office’s prosecutorial misconduct a brief summary of this egregious case will flesh out how his Office intimidates physicians with bogus legal maneuvers.
The tentacles of the Attorney General’s office are intertwined throughout every Maryland government entity that carries out State laws and regulations. Maryland’s Board of Physician’s has attorneys from Gansler’s office that advise the Board and others who bring prosecutions against physicians. This Board consists of 21 members 8 of which are usually non-physicians. The Maryland Board of Physicians is dependent on “lawyers” to explain so-called standards of care to those members of this entity who are uninitiated in medical practice. Sadly this Board was seriously misguided by Gansler’s office. Civil charges against Dr. Mark Davis concerned the class four diet drug Phentermine. These civil charges included but were not limited to: 1) Not obtaining written informed consent from patients (no such rule for the use of Phentermine exists in Maryland or the USA), 2) failing to keep adequate medical records (all forms in Dr. Davis office were preprinted and had prior approval from the Maryland Board), 3) continuing patients on Phentermine too long (patients were on low maintenance doses which is the standard in weight loss clinics in Maryland), 4) not using the measurement called body mass index ( a 150 year old measure which has come into dispute for its accuracy), 5) not doing physical exams ( every chart in question had both a physical and history form attached). To defend these charges two physicians were appointed by the Board in conjunction with Gansler’s office.
During a hearing before an administrative judge one of the state’s physician witnesses was completely discredited and his testimony thrown out. The second witness was not sworn in by the judge and was free to commit perjury at his leisure. This physician admitted during cross examination he had minimal to no experience with the drug Phentermine, yet he was appointed as an expert witness. One must read the testimony of this “paid”hired gun to understand the depth of his lies. Gansler’s appointed assistant blocked Dr. Davis from presenting physician witnesses (one of whom is a nationally known expert on diet medications), inhibited patient testimony, inhibited Maryland Pharmacy Board testimony, blocked introduction of numerous exculpatory documents and used other legal chicanery to win at all costs. Even though Dr. Davis was inhibited from putting on a defense, the judge found mostly for him. Gansler’s Office would not be defeated and went before the Board of Physicians with more lies and deceit to knock out the judge’s recommendations which were very positive to Dr. Davis. The Medical Board, who never heard the entire case, circumvented their own regulations which required a minimum of two physicians to be in absolute agreement before action can be taken on a physician’s license. Dr. Davis’ medical license was revoked for three years based on one physician’s specious testimony and a judicial forum which was nothing less than a circus. The question is still remains: How much money did Gansler waste in this false civil prosection?
In Douglas Gansler’s world it appears that Civil and Judicial rights are for some not others. There was never a patient or physician complaint against Dr. Davis to initiate this process. In the aftermath there were no malpractices suits instituted against Dr. Davis. Much more could be written on the legal aspects of this case. Needless to state the left wing appellate judges basically sided with any nonsense Gansler’s lawyers presented to them. There are over four thousand people who will not vote for Douglas Gansler and I am one of them for the aforementioned reasons stated here and much more. I urge people to look more closely at Gansler’s record, you may not like what you see.
Mark Davis, MD served in the Public Health Service. He is President of Healthnets Review Services and Davis Book Reviews. Dr. Davis has been an invited guest on numerous national and regional radio shows and writes articles on health care and politics that reach millions of readers. His latest book is Obamacare: Dead on Arrival, A Prescription for Disaster. firstname.lastname@example.org www.healthnetsreviewservices.com