The text of neither rule authorizes a trial court to simply dismiss a lawsuit if an expert does not meet those qualifications. Rather he termed it a contributing factor that may have contributed or interfered with the patient's ability to respond to it. Dr. Stern never testified that in reasonable medical probability she suffered any distinct injury from this compromised condition. 33.1(a)(1)(A). The trial court in Larson struck the expert and the court of appeals reversed that decision. )(trial court did not abuse discretion in finding that OBGYN board certified doctor had expertise to testify to standard of care for handling of miscarriage by emergency room physician). Copyright 2023 American Institute for Plastic Surgery. The report also criticized Dr. Rafael, but only for his post-procedure follow up. Is Your Healthcare Provider Bullying You During Appointments? Upon completing a background search, don't be disappointed if you end up with little information. As an alternative, she pushed drugs that have not been proven effective at treating COVID-19 drugs that she also offered to prescribe to the audience in exchange for $90 telehealth appointments. W.C. LaRock, D.C., P.C. Dr. Harris simply filed an objection and motion to dismiss.2 Both motions were set for hearing on February 5, 2015, which would have been twenty-five days prior to the trial setting. at 729. March 24, 2022. 1. Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. So, why hasn't more punitive action already been taken? Fifteen of the 16 had active licenses in good standing. Additionally, Johnson made no attempt to show that the type of infection she actually had, based on the eventual cultures, was untreatable with Keflex, or that it would have been more treatable with an earlier round of some other antibiotic. You never cease to amaze me with your caring words & actions. TEX.R.APP.P. This statement falls short of that needed to support causation. While Gold has been giving talks to packed audiences, McKenzie has been dealing with packed ICUs filled with sick, unvaccinated people. The practitioner's primary taxonomy code is 207Q00000X with license number 57012589 (OH). Following a year of residency training in General Surgery at the University of Michigan Hospital, Dr. Gibbs volunteered for duty with the US Army Special Forces, serving two years (1965-1967) abroad as a General Medical Officer. Presently, Dr. Stern performs two to three plastic surgeries a week. 924 S.W.2d 148, 152-153 (Tex. The practitioner's primary taxonomy code is 208200000X with license number G8361 (TX). A medical malpractice suit may be legally filed against a medical professional who has caused an injury or death due to insufficient levels of care. Mobile Navigation Menu. We accordingly reject Dr. Harris' claims that the appeal should be decided on the basis of briefing deficiencies. The trial court serves a gatekeeper function to assure that the witness truly has expertise concerning the actual subject about which they are offering an opinion. Cooper Tire & Rubber Co. v. Mendez, 204 S.W.3d 797, 800 (Tex. The doctor was currently practicing medicine, but the question was whether he was currently rendering the particular medical service at issue. But given the testimony that he's already given and some of the scientific research and documents that I've reviewed, it seems that the way that surgery is being done, is essentially -- and I don't want to -- I'm sure there are all small changes, but it's essentially the same as it has been for a while. Dr. Drewes is a graduate of the University of Utah School of Medicine, and completed his residency with David Grant Medical Center at Travis AFB, CA. I mean, even the little laser eye surgery. The plaintiff designated an ear and throat surgeon who had performed the procedure in the far past, and who presently performed a variety of surgeries on the head and neck. ROSS UNIVERSITY / SCHOOL OF MEDICINE & VETERINARY MEDICINE, Medical School 2006; She has pleaded not guilty and through her lawyer declined NPR's request for an interview. 74.351(a). See RSL Funding, LLC v. Pippins, 499 S.W.3d 423 (Tex. Sitemap | Privacy Policy | Terms of Use | HIPAA Privacy Policy, Plastic Surgery Website Design & SEO by NKP Medical. That was the strategy taken by Dr. Rafael. 2002, pet. Trisha Torrey is a patient empowerment and advocacy consultant. Dr. Dulin also completed an extended plastic surgery residency at the Scott and White Hospital in Temple, Texas. Johnson argues that if the call in Larson was close based on an eleven year time gap, then the four year gap here must be on the other side of the line. Johnson raises three challenges to the trial court's decision below. Phone +1 972-543-2477. By Trisha Torrey Dr. Harris then returned and saw Johnson on the thirteenth day post procedure (the April 11th visit). Thank you for truly making my experience positively memorable. The MLIA imposes additional requirements for a witness who proposes to offer opinion testimony on the accepted standards of medical care. Thank you, {{form.email}}, for signing up. You have such a pretty nose. I was floored. op. 2. The board will provide you with details as to what is needed for the complaint, which can vary by state. We face several issues on appeal, but the critical question is whether the trial court abused its discretion in striking a medical expert's opinions because the expert had not performed the particular medical procedure at issue within four years of the alleged act of malpractice. Gage Skidmore From another portion of his testimony, he believed there was some cause for concern based on the purulent drainage from the site. 1996); see also Roberts v. Williamson, 111 S.W.3d 113, 122 (Tex. How to Check Out a Doctor for Medical Malpractice. 166a(i). 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. Dr. Peter Raphael is a board certified plastic surgeon at the American Institute for Plastic Surgery in Plano, Texas. 2016)(failure to challenge all basis for order below resulted in affirmance). First, she contends that the trial court erred in granting a motion to dismiss, as there is no statutory or rule-based authority for granting a motion to dismiss (as distinct from, say, a motion for summary judgment as Dr. Rafael filed). 2012). Accordingly, any error in dismissing the case was waived. Suggest edits BIRDEYE FOR BUSINESSES Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. She understands the current diagnosis of Gender Dysphoria and differences among sexual identity, gender identity and gender expression. Dr. Vaquet Shomo, APN . But his testimony about Johnson's specific circumstances in this regard was limited to possibilities. How Do I Find Out if a Doctor Has Complaints? I so appreciate the fact that you listened to me and understood my concerns. Tanyee Johnson filed a medical malpractice suit against Dr. Scott Harris and Dr. Peter Rafael (and his associated professional association) over complications from a breast reduction surgery.1 The case proceeded through discovery and was near its trial date when the defendant doctors challenged the qualifications of Dr. Herbert D. Stern, who was the only liability expert Johnson designated to testify at trial. All rights reserved. Following Dr. Stern's deposition in early December 2014, both defendant doctors challenged his qualifications. Johnson's first issue raises only a procedural question: can a trial court simply dismiss a plaintiff's suit when it has stricken a necessary expert on the eve of trial but no procedural rule or statute expressly authorizes such a dismissal? Stated otherwise, we must determine whether Johnson has carried her burden to show her expert was qualified when his knowledge of the relevant medical standard of care was claimed to be stale. It is important that you contact every state medical licensing board where the healthcare provider has practiced, not just your own. Borrowing language from the Court of Criminal Appeals, to preserve error a party should let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly enough for the judge to understand him at a time when the trial court is in a proper position to do something about it. Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App. So something happened within those three days? 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. And in Item No 1 you're critical of Dr. Harris for performing surgery on Ms. Johnson given her, what you perceived to be, anemia -. But even if the trial court erred in that respect, the error was harmless. To search for this information, you can use specific keywords, as well as certain reputable websites. Working with this clientele requires an awareness of the impact of stress on gender dysphoria and a particular knowledge of grief and bereavement as they manifest during the transgender clients journey. 3. He later accepted a Plastic Surgery residency at the Baylor College of Medicine in Houston a world renowned Plastic Surgery program, both for their research and its numerous alumni who are recognized as pioneers in the plastic surgery field. In this regard, Dr. Harris challenged Dr. Stern's qualifications based on when Dr. Stern last performed the procedure. Gold is not the only physician promoting misinformation while avoiding professional censure. 74.401(c)(2). The court found the expert qualified because his testimony related to the standard of care for surgery on the head and neck generally or matters common to all surgeries, including the adequacy of pre-operative and post-operative counseling and the treatment of post-operative infections. Chaudhry says there have been some recent cases where disciplinary action has moved forward. Q. Dr. Peter McCullough was banned by Twitter. He was previously board certified in surgery, but allowed that certification to lapse. 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). The science known behind it? Q. Larson v. Downing, 197 S.W.3d 303, 305 (Tex. N Engl J Med. 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. Dr. Peter Raphael specializes in plastic and reconstructive surgery in Plano, TX and has over 38 years of experience in the field of medicine. I wanted to take a moment to write a letter of appreciation for taking great care of me with my recent procedure. The uniqueness of this procedure places this case in the class of cases requiring expert testimony. The jury can decide whether or not she was truly anemic. These lawsuits may be filed against an individual or an institution, such as a hospital. Id. 1992); accord Farrell v. Farrell, 459 S.W.3d 114, 119 (Tex.App.--El Paso 2015, no pet. Visit RateMDs for Dr. Raphael reviews, contact info, practice history, affiliated hospitals & more. Peter Raphael is a primary care provider established in Westerville, Ohio and his medical specialization is Family Medicine with more than 17 years of experience. He works with each patient individually to achieve natural-looking, attractive, and satisfying. 702 (the expert must be qualified by knowledge, skill, experience, training, or education.). An expert in this or any kind of case must meet the basic qualification requirements found in TEX.R.EVID. But this provision provides no specific authorization for dismissal of an entire suit if the expert is stricken. We conclude that the trial court did not abuse its discretion in finding Dr. Stern unqualified to express some of the opinions that he did, or for those he could have expressed, the excluded opinions did not establish a viable claim (and thus any error in excluding it was harmless). Dr. Simone Gold discourages vaccination against COVID-19 and promotes alternative, unproven therapies. While found information may be helpful, keep in mind that it may not accurately or fully reflect the healthcare provider's skills or the circumstances around the complaint or lawsuit. 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. Dr. Rafael responded to that claim attaching proof of electronic and facsimile delivery of the motion and the setting. 702 addresses expert witness qualifications, and TEX.R.EVID. When reinstating suspended drivers licenses in Utah, motorists must pay the applicable reinstatement fees to the state Driver License Division. Thank you again. We do so, and only discuss the claims against Dr. Rafael to place the remaining issues in context. 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. At the deposition, the doctor produced several medical texts and journal arguments, but these were not made a part of the record, nor were most referenced by complete citation. Thank you for restoring my hope and sense of worth. Because so much breast tissue needed be removed, the appropriate procedure involved a free nipple graft, which means the nipple and areola are completely cut away, and once breast tissue is removed, the nipple and areola are then grafted back onto the remaining breast. 73.001 (West 2013). He is affiliated with Cleveland Clinic. Contact us. Once a malpractice report is filed, the healthcare provider or hospital and associated insurance company will be contacted by the state medical board. Ratings Overview 4.2 28 Ratings with 17 Comments Write a Review Wait time 13 minutes 4.3 Easy Appointment 4.0 [JOHNSON'S COUNSEL]: Well, my understanding I -- I would say on the first -- as a threshold issue, I'm not the doctor himself, and I can only sort of guess as to how he would respond to that question. Our experience, our technologically-advanced facilities and our compassionate staff are the best in the business for transgender confirmation procedures, holistic therapy and the overall patient experience. You are all very impressive, and I felt very well cared for the entire time. A medical malpractice plaintiff must file a qualifying medical report within 120 days of the health care provider's answer. Practicing medicine can include training residents or students at an accredited medical school or serving as a consulting physician to other physicians who provide direct patient care, upon the request of such other physicians. Id. 24 Jun . While both maxims are no doubt true, by themselves they provide a less than satisfactory basis to decide this case. 2006). Please try again. American Board of Emergency Medicine/Screen Shot by NPR Peter Raphael, MD - International Center for Transgender Care Surgery Center 469-429-7557 816-305-0943 Peter Raphael, MD Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. Find Dr. Raphael's phone number, address, hospital affiliations and more. Dr. Peter Raphael, MD Board Certified Plastic Surgeon 31 Years Experience 6020 W. Plano Pkwy., Plano, TX 4.8 41 reviews Connect with Dr. Raphael Get a free consultation Pricing Website Phone: (972) 382-6911 Total years in practice: 31 - Consultation Fee: Free. The conference was aimed at young people ages 15 to 25. How to Check a Doctor's Background and Credentials, How to Get Copies of Your Medical Records, How to Manage Type 2 Diabetes Hypoglycemia, Medicare Abuse: How to Recognize It, What to Do. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A record that shows a higher failure rate doesn't always mean that a healthcare provider is "less successful.". Hart v. Van Zandt, 399 S.W.2d 791, 797-98 (Tex. You make also want to make sure that they haven't had any malpractice suits filed against them. She has spent much of the past year speaking at events like this one held in West Palm Beach, Fla., in December. But that didn't cause her infection? The party must state the grounds with sufficient specificity to make the trial court aware of the complaint unless they were otherwise apparent. She told people to avoid vaccination against the coronavirus. Accordingly, we overrule Issues Two and Three and affirm the trial court's judgment below. The trial court thus had no way of knowing if Dr. Stern verified through medical literature that his last experience with the free nipple graft procedure was still relevant as of the time of Johnson's procedure. The closest Dr. Stern came in his deposition was this exchange: Q. 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. Cleveland, OH 44195 (1 other location) Is this you? The focus is on whether the expert has the knowledge, skill, experience, training, or education regarding the specific issue before the court which qualifies the expert to give an opinion on that very subject. 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. One appeared to have let his license expire, but there was no suggestion in his record that it was because of any disciplinary action. But there might have been, you know, some reason for concern. hide caption. In this regard, the peculiarities of the free nipple graft procedure are less relevant. 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. 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. The NPI number of Peter Raphael is 1245340553 and was assigned on August 2006. Other information may include what states an active license is maintained and any . . We overrule Issue One. I look forward to seeing you in the future, meanwhile, recommending you to many. 11 talking about this. 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. Johnson filed a motion for rehearing which complained only that Dr. Rafael's motion for summary judgment was not properly served.3 The trial court overruled the motion for rehearing. He received his medical degree (M.D.) 2006)(defendant similarly filing contemporaneous motion for summary judgment and motion to strike). Based on comments in the operative report, Dr. Stern believes that Dr. Harris was not adequately familiar with the free nipple graft breast reduction technique and should have either sought the assistance of a surgeon more familiar with the procedure or elected not to carry out the procedure in the first place. The case was set for trial on March 2, 2015. That motion was separately granted and Johnson does not contest that order on appeal. Medical literature reports a correlation between anemic patients and postoperative infections. Its a standout feature. I couldnt believe it! Before selecting a doctor, you may want to make sure that they haven't been disciplined in the past by their medical board for unsafe behavior. Malpractice suits and disciplinary actions do not always get transferred from one licensing board to the next. Id. You (sotto voce) the breast; you cut like this; you take off the nipple; you pull out the stuff and sew it back up. hide caption. He maintains an active practice in plastic surgery with the majority of his cases involving re-contouring of the torso, and half of those involving breast procedures. The community is fortunate to have you as a resource. The trial court had before it only the written report and deposition of Dr. Stern. Dr. Ahmed says that having a medical degree may also be helping these doctors skirt social media bans on coronavirus misinformation. Go to the Federation of State Medical Board's Physician Data Center to check the healthcare provider's basic information. His office accepts new patients. Dr. Stern was certainly qualified in the general area of plastic surgery. After filing suit, Johnson timely filed a qualifying exert report as required by Section 74.351(a) of the Texas Medical Liability Act (TMLA). To amaze me with your caring words & actions signing up the Doctor was currently practicing medicine but... Was assigned on August 2006 the accepted standards of medical care 2006 ) ( )... Appeals reversed that decision the particular medical service at issue the applicable reinstatement fees to the Driver... To Check Out a Doctor has Complaints Mendez, 204 S.W.3d 797, 800 (.! 909 ( Tex.Crim.App Gold is not the only physician promoting misinformation while avoiding professional.! 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Have n't had any malpractice suits and disciplinary actions do not always get transferred from one licensing board to next! Qualified in the future, meanwhile, recommending you to many basis of deficiencies! That shows a higher failure rate does n't always mean that a healthcare provider or hospital and insurance. Suffered any distinct injury from this compromised condition of medical care two to three Plastic surgeries a week any in... For a witness who proposes to offer opinion testimony on the thirteenth post! But even if the trial court 's decision below medical board in that respect the. To Check Out a Doctor for medical malpractice, practice history, affiliated hospitals & amp ;.... They provide a less than satisfactory basis to decide this case in the class of cases requiring expert.! 120 days of the 16 had active licenses in Utah, motorists must pay the reinstatement...