Doctors & Students Supporting Brian Gale(note this page is under construction and new links
are added almost daily |
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 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| APMA FAILS TO HELP BRIAN GALE, DPM LETTERS FROM HIS SUPPORTERS KEEP COMING IN During the past 24 hours, I've been deluged by letters in support of Brian Gale's case in North Dakota. Dr. Gale's supporters, many who are members of the Center for Peer Review Justice, Inc., have apparently asked their members, and there are many, to start writing letters. I also got a faxed copy of the APMA Board of Inquiry (BOI) report today...it appears, and I wonder if I'm missing something, that the BOI did nothing to help this guy. It contains 2 pages of pontification, mostly about how hard their decision was, but the only help that I can see that they offered him is a "recommendation" to the ND Podiatry Board, that they pursue a prompt settlement with Dr. Gale. That's it...they won't intervene any further on his behalf. What if it were us ? If they have no power, no jurisdiction over a state board, why don't they just say that, instead of acting like they had the option of intervening, and chose not to ? I'd like to hear from someone on the APMA BOI, to let us know what their jurisdiction is. Does the APMA have ANY influence in licensing matters in an individual state ? Is their refusal to intervene a statement on the merits of the case, or a statement on their inability to help ? I've made statements in this forum complimenting the APMA on their improved responsiveness to members concerns in recent years. So many podiatrists read Podiatry Online, that we KNOW that they will see this edition. Let's see if they'll respond. I've included a select few of the letters below, as well as a statement by Dr. Gale himself. I've read some of the documents in this case, and tried to follow the events as they unfolded. The docs are voluminous and the case is complicated, and a complete treatment would be a full time job. But what strikes me is the persecutory nature of the effort to take away his license, and the behavior of the ND Podiatry Board, which should embarrass every podiatrist in this country. I feel for Dr. Gale...there but for the grace of g-d, could go any one of us, if the powers that be decide they don't like us, or that we're undesirable competition... Alan Sherman, D.P.M. Editor - Podiatry Online, Inc. Note: I'm not certain whether the BOI report was intended to be made public, so I'm not including it here for you all to see. The findings of the BOI will be reported to the APMA HOD later this month. Let your state representatives to the APMA know how you feel about this issue. A few of the many letters that I received today in support of Brian Gale's effort to keep his license in North Dakota follow.... ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| LETTERS ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| <>~~~~~~~~~~~~~~~~<> ANSWERS/COMMENTS <>~~~~~~~~~~~~~~~~<> From: Brian Gale, DPM, FACFAS Comment: I have the scars of a Sham Peer Review I have been fighting a battle since 1993. Some say they would have given up a long time ago. Others say I'm lucky that I still have my home and my clinic although payments on everything are always late. I've also been told that I'm lucky I've only spent about $500k or so even though it translates into several million down the road. Thanks to Rich Willner and a few other friends and relatives I'm still alive and kicking. There are some extremely important rules about going up against hospitals and boards; the faster someone accepts them as fact, the better chance they have of prevailing. Rich Willner is without a doubt the number one expert in the United States on this subject. I know that's saying a lot but I have spent hundreds of hours speaking to him and we have exchanged somewhere in the range of thousands of emails. He reads every case he can get his hands on and understands how the evil system works. Most of our conversations lately have been about people who are spending hundreds of thousands on lawyers who don't have a clue what they're doing. When a lawyer calls Rich, Rich can give them the legal cases they need to try to make a difference. Rich is worth his weight in gold and then some when it comes to someone who has been abused as some of us have. Just take a look at http://www.briangale.com The web site was Rich's idea. At first my wife and I really hesitated because I was in the process of cashing in my entire retirement (not that it was that big) as well as our kids colleges savings, just to be able to pay some bills. Reluctantly we went along with it and it has been given us a tremendous return on our very small investment. The web site literally neutralized a lot of the "evil doers" as President Bush calls them. There is no time to fight back and get on the offensive because all of the shammed person's time is spent on the defensive side. I spent 8 years and now I have finally managed to have almost all of the members of our state board that shammed me replaced. I did this only with the help of Rich Willner. For those of you who read this and are in a similar predicament; join the Center for Peer Review Justice. It was the ONLY thing I did in the past 8 years that saved me. I'm not out of this mess yet but I'm in better shape now than I have ever been. I understand the system and the players. Now I tell my lawyer what he needs to do and how to handle things after Rich and I have extensive discussions about it. My lawyer is still involved and has the final say about what he will and won't do and everything that is done is legal; whether the lawyer(s) know about it or not. These people (shammers) take very little time to do one thing that creates years of pain, suffering and nightmares for us and our families. Depression is a given for all of us. At times we are paralyzed emotionally and physically so we are too weak to fight back. We try to hold our families together because they are the most precious commodity we have and that takes so much time and energy that there is nothing left. Rich Willner has given me hope. He has been the "equalizer" for me. Why did he get involved? Because he loves a challenge and he couldn't believe that the things I posted publicly on another forum could be true. When he did his own investigation a few years ago, he began opening up the world of sham peer review. As bad as things are and have been I still have many things to be thankful for. I am alive, I have my health. For some reason I still have my wife (many leave for obvious reasons) and little girls too. Many of us who have been shammed are not as lucky as me. If I could take all the pain my wife has endured away and put it inside me because of what I have been put through I would gladly take it from her. In simple terms the answer is networking and fighting back. Think of it as the ultimate challenge of your life. There are no rules except for the one's the shammers make up as they go. You have nothing to lose because your (my) life has been destroyed professionally. Take it on as if it becomes your only mission in life. "Take no prisoners." You have to pull out every bit of passion you can muster and keep pushing on. The first step is to contact Rich AND do what he says; take his advice. We have to begin aggressively helping each other. A huge advantage that Rich gives us is that he can get a number of reviews for anyone at any given time from authoritative leaders in the specialty field of his choice. If anyone needs my help I'm available. This is not a fight that can be won with just the lawyers through the courts. That's what they want us to do is go through the legal process. It doesn't cost them a penny while it breaks us and our families. Call me any time to talk or for advice. Brian Gale, DPM, FACFAS bgale@btigate.com ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: Michael Dershowitz, DPM Comment: The Brian Gale case I, like the thousands of other podiatrists in practice, have been following the sad, long and torturous case of Brian Gale, DPM. It is extraordinary that in a society that preaches "justice" and "due process" that Dr. Gale has had to endure, for the past 10 years, the type of abuse meted out to him by this Board. Hopefully, with the actions anticipated by the APMA Board of Inquiry, the doctors who acted so inappropriately in North Dakota will be rebuked, to some extent, if that even matters to them. Brian, if there IS any justice, should be allowed to continue his fine work and no longer be assailed by his colleagues. But, this entire incident needs to be a wake up call for podiatrists and our allopathic and osteopathic colleagues nationwide who have been, and will continue to be, subject to sham peer review, precipitated by personal enmity. Morally, the mere fact that an individual MAY have justification to recuse himself and DOES NOT, further lends credence to the personal agendas alleged by the defendant in this action. If cases like this continue to appear around the country and excellent practitioners are harmed, our entire profession should be ashamed of not attempting to eradicate such personal prejudice. After all, these "Boards" are designed to protect the public from unscrupulous practitioners, and not to be a pulpit from which podiatrists can wreck their personal vendettas upon their enemies. Michael Dershowitz, DPM, DABPS, FACFAS Phoenix, AZ ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: W. David Herbert DPM, JD Comment: You have a property right in your license I am contacting you about the Brian Gale case in North Dakota. As any attorney should be able to tell you, you have a property right in your license. Before it can be taken away, due process meeting minimal requirements of the 5th amendment to the U. S. constitution must be met! I do not understand why no one took the case to federal court on his behalf. Any attorney who says they didn't do this because you cannot litigate the "facts" of the case, in my opinion does not understand the situation. The "facts" regarding non due process, in my opinion would and should be considered by any federal district court. I hope that doctors begin asserting their constitutional rights before the federal system. These judges are appointed for life. The only way the can be removed is by impeachment and we all know how that works! W. David Herbert DPM, JD wdherbert@tritel.net ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: C. C. Rissell, DO Board Certified Emergency Department Physician Comment: The case of Brian Gale, DPM I recently came across the case of Brian Gale, DPM, and the North Dakota Podiatry Board. I am appalled at the lack of ethics of the Board, as well as the lack of resolution for this problem. I have seen instances of definite Board abuse in other states, but quite frankly, none so obvious. Being on a state board of any kind is an honor that should be awarded only to the most ethical. This type of power, with immunity, is a dangerous combination in the hands of people who are morally & ethically deficient. One only has to stop and think about this type of abuse happening to them, and how career and family ruination could follow. This is NOT what Boards are for. Boards are to protect the public from incompetent individuals. They are not for 'witch hunts', or for those in power to 'ruin' an individual over a past personal or financial matter. The President of this Board certainly should have recused himself on this case. The fact that he did not, and that he solicited letters from patients (some even years after the case) further highlights the fact that this is abuse of power. I wonder how much this has cost the State. I know it has had a high emotional and financial cost to this physician. Using an honorable position, such as a Board president, or member, to ruin another professional who is competent is the worst form of unethical and abusive conduct. I implore the only National organization of Podiatrists, the American Podiatric Medical Association within the framework of its "Board of Inquiry" to sanction the individual members of the North Dakota Board of Podiatric Medicine for this appalling behavior, and to restore all Boards to ethical members who have first & foremost in their agendas the protection of the people. Because of the extreme popularity of www.BrianGale.com, this matter has a very large following among your Physician colleagues. Voting not to censure the individual Members of this Board using any lame excuse and your organized profession develops a reputation of supporting the unethical, and embracing unfairness and injustice. Sincerely, C.C.Rissell, D.O. Board Certified Emergency Department Physician Hawaii ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: Joseph Pastorek, MD, FACOG, FACS, Law Student Comment: The Brian Gale, DPM case I've followed the discussion about Brian Gale's situation with his podiatry license. He needs to be supported by the members of the Podiatry societies and organizations. He's being peer reviewed to ruin unfairly and improperly. The situation needs to be remedied. For any reader who doesn't already know, "peer review" in the medical sense is that process where doctors police themselves, reviewing the practice of their peers to insure that good medical care is being practiced in their vicinity (usually a hospital setting). What many laymen do NOT know, however, is that peer review is a process which can be subverted to the agenda of unscrupulous physicians (and hospital administrations), and used to attack the competition, or to run doctors out of the hospital or community for other reasons. The problem is, "peer review" is protected by law. Doctors (and administrators) participating in formal peer review have "qualified immunity," which means that if they do their peer review job in "good faith" and without malice, then even if they make a mistake, they can't be sued. After all, they're just trying to keep patients safe and keep medical care at its highest level. But this immunity can be a shield for the dishonest, as they know that unless they're caught red-handed, they cannot be sued for using peer review to run another doctor out of a hospital or even out of a state. The good-OLE-boy club rules! [A real eye-opening account and discussion of the evil uses of peer review has been written by Dr. Ron Virmani, who has experienced it first hand!] However, in Louisiana, one case of bad faith peer review was recently shot down by a jury. In other words, the doctor victim PROVED that the peer reviewers and the hospital operated in bad faith (that is, maliciously), and he won a SIX MILLION DOLLAR JUDGMENT (even though a judge mistakenly through out the jury verdict, forcing an appeal). The report was in the New Orleans Times-Picayune! Finally, peer review attacks on otherwise good doctors can be deadly. A good (and hence successful -- read "competitive") obstetrician was set upon by "colleagues" in the New Orleans area. She was run out of hospitals, turned in to the state medical board for false allegations, her license was suspended by the board and held hostage for 2 years, even though they had no credible "evidence." When she tried to work in Florida, where she had a license already, the Louisiana doctors and lawyers pursued her there, keeping her from getting privileges in various hospitals, so that she "down sized" her living quarters. She was trying to keep going, fighting on multiple fronts, trying to support 6 children and a couple of lawyers, and DIED in a fire in her small temporary apartment in Florida. She was hounded to death by "peer review". We must do everything we can to fight such terrible tragedies, and stories like Brian Gale's. http://www.BrianGale.com Joseph Pastorek, MD, FACOG, FACS Metairie, LA ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: Marc Wright, DPM Comment:: Brian Gale, DPM As a relatively new practitioner in podiatric medicine, I find it both appalling and disturbing what has happened to Brian Gale, DPM. Clearly, from the evidence presented, Dr. Gale has suffered far too long from this sham peer review and has successfully answered every sham charge laid against him It would appear that the 'board" who oversees these reviews are nothing but the wolves left in charge of the henhouse. Dr. Gale has FULL support from his patients and is one of the most highly trained podiatrists in our country! The charges made against him would likely not hold water even in a 3rd world kangaroo court. To see that such a thing can happen in our great and free country is truly disturbing. I am fully supportive of Dr. Gale and demand that this harassment stop and he be allowed to return to his life and practice. Marc
Wright, DPM ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ From: Ralph M. Bard, MD, JD Comment: APMA Board Of Inquiry on individual Board Members of the North Dakota Board of Podiatric Medicine I have been aware of the case of Brian Gale, DPM, and the North Dakota Podiatry Board for some time. The things that are happening with this Board are well known. I am appalled at the lack of ethics of the Board, as well as the lack of resolution for this problem. I have seen instances of definite Board abuse in other states, as well as peer review abuse on medical staffs. I guess the most amazing thing to me is that these individuals think that they have thought of something new. This baseless vendetta is the same thing that has gone on for years in the past. You only need to check cases such as that of Dreyfus in France, or even Christ in front of Pilate. This use of the peer review system is even more insidious. As these individuals are protected by the peer review statutes, there is essentially no check on these people is they have a malicious reason for their actions. Being on a state board of any kind is an honor that should be awarded only to the most ethical. This type of power, with immunity, is a dangerous combination in the hands of people who are morally & ethically deficient. One only has to stop and think about this type of abuse happening to them, and how career and family ruination could follow. This is NOT what Boards are for. Boards are to protect the public from truly incompetent individuals. They are not for 'witch hunts', or for those in power to 'ruin' an individual over a past personal or financial matter. The President of this Board should have recused himself on this case. The fact that he did not, and that he solicited letters from patients (some even years after the case) further highlights the fact that this is abuse of power. This incidentally is exactly what the AMA described in its amicus brief in the case of Gil Mileikowsky in California. The AMA describes pulling stale and probably inaccurate reports without the benefit of cross- examination. Isn't reasonable for doctors to get the same rights as murderers before their lives are ruined? Using an honorable position, such as a Board president, or member, to ruin another professional is the worst form of unethical and abusive conduct. Allowing the same person to be judge, jury and executioner of a medical career is a gross violation of the due process on which this country is based. If this Board continues to act in this way, why don't they just identify themselves as the Taliban Board, as their actions appear to be economic terrorism to me. I implore the only National organization of Podiatrists, the American Podiatric Medical Association within the framework of its "Board of Inquiry" to sanction the individual members of the North Dakota Board of Podiatric Medicine for this appalling behavior, and to restore all Boards to ethical members who have first & foremost in their agendas the protection of the people. I would also ask that the unethical method that was used with this physician is just the tip of the iceberg in unethical peer review and will require continued vigilance. As we all know absolute power corrupts absolutely. Because of the extreme popularity of www.BrianGale.com, this matter has a very large following among your Physician colleagues. Voting not to censure the individual Members of this Board using any lame excuse and your organized profession develops a reputation of supporting the unethical, and embracing unfairness and injustice. Sincerely, Ralph M.
Bard, MD, JD ////////////////////////////\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\////// |
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From:
DOCSBNB@aol.com [mailto:DOCSBNB@aol.com] Subject: I support you! Dear Dr. Gale, I know that you are and will be one of the heroes of our profession! Hang in there! I know first hand how vicious podiatrists can be. My own father is one and we don't speak. Its been since he told me I was too stupid to go through Pod school and now I have a good practice and even did a RPR/PSR! I really hate those negative old guys. The are so insecure and cruel. If it helps you to know, my best friend is a general surgeon and she is being picked on beyond belief by her own kind. She is standing up for herself and it is a huge battle. When you are good, people hate you for it. I really respect you for fighting them. It is an awful, awful shame that you are having to go through this. You are a hero of our profession. I will be praying for you that this needless, sickening mess is over soon for you. By standing up, you are making it better for all who follow. Thank you! -Brenna Steinberg, DPM |
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| YOU be the Judge!! | ||||
You can see EXACTLY what the North Dakota Board Sees. You decide.
by RBW
The 6,000 Podiatrists who have Email and who subscribe to Podiatry Online and Podiatry Management. And
who find their way to the
Podiatry Forum.
( See the Semmelweis Society -- working to expose Sham Fraudulent Peer Review)
The Semmelweis Society www.semmelweissociety.org We think you are Guilty, Brian. by Willner, Trench, and McGowan (no login) Reprinted from Podiatry Forum |
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An Appeal for Justice So why does he still have to go get retraining?
Why is he STILL at the mercy of the ND Board? _______________________ ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Posted to Newsflash Podiatry ONLINE, 8/1/2000
From: Karen Rinehart, DPM
Much of his office and personal affairs have fallen into disarray as a
result. Yet, in spite of all this I felt compelled to "set up shop" with
him at his clinic. Why? Why share office space with a physician
apparently marked to be destroyed by the state organization? Why
not just go on my own, or join up with the podiatrists in charge of
things here in North Dakota?
The answer to all of those questions is because Dr. Gale is a good
and decent man with rare and exceptional podiatric skill. He, unlike
others in this area, is not egomaniacal. He is truly knowledgeable,
caring, gentle, and concerned with the welfare of all his patients. All
of these qualities are admirable in a physician, but what really
convinced me to work with him are the following things:
Don't ask me how Brian and Tami endure such pressure and
strain. This type of injustice and torture should not be allowed to
happen to anyone. Much less to someone who is an asset to the
community.
At any rate I hope as many of you as humanly possible will support
Dr. Gale and his family in their fight. Appreciatively,
Karen Rinehart, DPM \\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\// ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Posted to Newsflash
Podiatry ONLINE, 7/8/2000 Subj: THE DEATH OF PODIATRY IN NORTH DAKOTA I suppose that there are not a lot of podiatrists
waiting in line to go to ND. Still, there are some individuals who
practice there and may someday want to sell their practices. Some
"home town" people might want to go back there to join their
families. As many know, Dr. Brian Gale is at risk of losing his
license there, mostly due to enmity with the small cadre of existing
podiatrists who don't want him there. They may be successful in getting
rid of this fine doctor. But responsible members of their Board should
think twice. I have examined many of the complaints against him by
patients. I have had similar complaints lodged against me when I was in
practice. In fact, most of the complaints against me were quite a bit more
serious than those against Dr. Gale. There is nothing
even close to a reason why his license should be retracted. If his license is retracted, then I can make a
reasonable prediction that no podiatrist would ever take the chance of
going to ND. The odds are just not good. The numbers speak for themselves:
In any State where there is a VERY small number of doctors, incestuous
relationships tend to develop between members. They can be harmful in two
ways: 1. A Board will look aside when egregious damages
result against patients, because the doctor charged is their
"friend." 2. If you get a few doctors angry or jealous of you,
almost for any reason, you are definitely at risk of losing your license. I would strongly caution any podiatrist
considering changing locations to a very small community that if they
don't fit in perfectly, they may be in serious trouble. When I started
practice, I was considering going to a small town in Oregon. But there
were almost no Jewish people there. I would not fit in. Better just not to take the risk
at all. Michael M. Rosenblatt, DPM San Jose, CA
Posted to Newsflash
Podiatry ONLINE, 7/6/2000 Dear
Dr. Sherman, I
am writing to express a view concerning the situation being faced in North
Dakota by Dr. Brian Gale. I am not going to spend any time rehashing the details
of his situation, as those are by now familiar to everyone who frequents the
Podiatry Student Forum or who has paid attention to the letters and comments
that have appeared in Podiatry Online from time to time. Anyone who for whatever
reason is not familiar with Dr.
Gale's situation can educate themselves by going to: The
abuses endured by Dr. Gale to date would be terrible enough even if they
affected only Dr. Gale as an individual. The level of ethically-questionable
behavior by certain of his tormentors, the peculiar and in many instances
trivial nature of the "complaints" being dredged up for use against
him, the unreasoning viciousness of the attacks he has been subjected to, the
systematic denial of any meaningful due process--all of these and more have
exacted a tremendous toll upon Dr. Gale as an individual in so many ways:
financially, in tremendous legal expenses leading to personal bankruptcy;
personally, through the tremendous stress of eight long years of abuse, and the
strain those years have placed upon his family and his marriage; and
professionally, as he faces the possible loss of his license, and thus the
destruction of the practice he has labored so diligently to build. These
alone are sufficient to justify-- no, to demand
--the
outrage of every honest, ethical podiatric professional, and immediate action by
every member of this profession on behalf of Brian Gale, to put an end to the
torment he has been forced to endure, and to hold his tormentors accountable for
their actions. The
repercussions of this situation are not
confined to a single individual, however, but affect every aspect of the
podiatric profession. What is happening to Dr. Gale right now is by no means a
unique nor an isolated incident in the history of our profession. Similar abuses
have been inflicted upon podiatric physicians by the more mean-spirited and vile
of the "old boy" network and the politically well-connected,
throughout the years podiatry has existed. Unfortunately, we appear to have no
shortage of those, and more of our colleagues will undoubtedly be subject to
such abuses in the future. None
of us are immune, after all. Each of us is vulnerable to exactly the same abuses
as have befallen Dr. Gale. Any of us may at any time run afoul of someone
vicious enough to attempt to destroy us simply for existing and enjoying a
modicum of success in their presence, and well-connected enough to act upon that
attempt and enlist the full weight of the state society or state board to assist
them. We, too, may face vicious and scurrilous attacks that could damage or
destroy us both professionally and personally. If
you were the subject of such an unfair and destructive attack, wouldn't you
need the defense and support of your colleagues? Indeed, as a member of a group
that claims to be a true profession,
wouldn't you expect the support and
defense of your colleagues? Wouldn't you have the right
to such support and assistance? Yes,
you would. You do have the right to
such support and assistance from your colleagues. You also have the obligation
to provide support, defense, and assistance to any of your colleagues who may
need it. It is an obligation that is part and parcel of the Hippocratic
tradition--a tradition you bound your own life to when you took the Hippocratic
Oath. To call this obligation sacred is by no means an overstatement. It is
something every physician owes to--and has the right to expect from--every other
physician, without exception. This includes DPMs as well as MDs and DOs. Dr.
Brian Gale needs this support, defense, and assistance from every one of us. He
has the right to expect it from us, and we each have the obligation to provide
it. And yet, with but a relative handful of exceptions, he as yet to receive
that support from this profession. Instead, podiatry has chosen to continue its
long tradition of abandoning its members to their individual fates when they are
faced with scurilous attack. The silence of our profession on the subject of
Brian Gale is deafening--and damning! By
failing to give Brian Gale the support that is his due as our colleague, we
leave him isolated and alone. By leaving Brian Gale isolated and alone, we have
left ourselves isolated and alone as well. If Brian Gale is destroyed, an
important part of each and every one of us will also be destroyed. By
failing to act as a cohesive group, by failing to support one of our own, we
have violated a basic tenet of human life and left ourselves vulnerable to the
same abuses that currently plague Dr. Gale's life. As Benjamin Franklin put it
so well, leading up to the signing of the Declaration of Independence two
hundred and twenty four years ago: "We must indeed all hang together, or
most assuredly we shall all hang separately." This is true in every aspect
of life: personal, financial, political, professional. Nowhere is it more
graphically and dramatically illustrated than in the experiences of Dr. Brian
Gale over the past eight years. This
shameful situation destroys the security of all podiatrists, effectively robbing
us of our rights and placing us at the mercy of the more vicious, mean-spirited,
self-serving "insiders" in our profession. For God's Sake, the public
is seeing this behavior! They are seeing our bottom-feeding,
politically-connected "insiders" attacking and destroying decent
podiatrists, not just in North Dakota but nationwide, while the majority of our
profession remains silent and looks the other way, taking the coward's way out
instead of rushing to the defense of the victims and putting an end to these
outrages. Do you have any idea what
this makes us as a "profession" look like in the eyes of the public?
Do you have any idea what it makes you
as an individual look like in the
eyes of the public? It's nothing to be proud of, I assure you. Worse
yet, our students and prospective students are watching this terrible and
cowardly spectacle! Do you have any idea what effect this may be having upon them? Our
students and residents, seeing the rape of Dr. Gale, must certainly realize by
now that they are witnessing their own future fate, when they have the
misfortune to be the ones running afoul of one of our many selfish, petty,
well-connected "insiders". They are being taught that they can expect
no assistance or support from their "colleagues" in this
"profession", but will be abandoned to face the onslaught alone,
denied even the pretense of due process, let alone decent and fair treatment.
How many of them, adding this to the other abuses and indignities they must
endure as students or residents in podiatric medicine--abuses and indignities
which are unique to our profession--have come to regret their choice of podiatry
as their career? How many do we lose each year? How many carry embittered
attitudes toward this profession into private practice, bringing our
already-tarnished reputation new marks and smudges? How many transfer or retrain
to become MDs or DOs, and take those same embittered attitudes into their new
profession--attitudes that will adversely color the perception of podiatric
medicine by that profession for decades to come? And
what of prospective students? Is anyone out there foolish enough to believe that
pre-professional students investigating podiatry as a possible career choice are
not seeing this sorry spectacle playing out in North Dakota? Why would any
young man or woman with even a modicum of intelligence and common sense today
consciously choose to go into podiatric medicine, knowing that the support they
can expect as a matter of course in the other health professions will be
nonexistent for them in ours. Why would they want to enter a profession that
routinely abandons or, as bad, cannibalizes its young--a distinction we
"enjoy" that is unique in the health care professions. How
many students do we lose each year, students who leave college and select some
other health profession because of the drivel and tripe with which we have
allowed our own to become riddled? The internet has torn down the barriers that
once hampered communication and prevented to effective spread of such
information in the past. Today students and prospective students are plugged
into virtually everything that goes on in this profession. They are constantly
mining information from the internet and other sources, and using the resources
of the internet to share that information with each other. They know the things
that are going on today. They are seeing everything. Are they really seeing what
we want them to be seeing? Of course not--and that has
to be affecting the number of applicants we get each year to podiatric
medical school, contributing at least somewhat to the dismal numbers today--just
300-or-so for this year, isn't it? A
lot of you out there are sitting at your computer thinking how you
don't do any of those nasty things to other podiatrists, so you
can't be part of the problem. But you are. In fact, you are the biggest part of
the problem, because you don't do
anything! You are the real reason all those vicious and petty sharks,
gators, and bottom-feeders in our profession are able to exist and perpetrate
their outrages--you do nothing to stop them, nothing to help their victims. It
is not enough that you simply refrain from committing such outrages yourself.
You must stand up, speak out, and take action on behalf of the Brian Gales of
our world who are being victimized. All that is necessary for evil to triumph in
this world is for good people to stand aside and do nothing. Do
not stand aside and do nothing while Dr. Gale continues to suffer such
outrageous persecution!
Stand up, speak out, and be counted on this issue. Demand an end to the torment
of Brian Gale--and every other colleague being unfairly treated. Look,
think about it this way: imagine it's you, or your beloved son or daughter, who
is suffering these indignities instead of Dr. Gale. What would you want, what
would you expect, from this profession on behalf of you, or on behalf of your
child? Give
that to Brian Gale. Sincerely, John
L. Trench III, DPM |
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| Posted : (254) MAY 21, 2000
LETTERS/WEB MEDICAL MAGAZINE Podiatry Online NewsFlash ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| WEB MEDICAL MAGAZINE ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| LETTERS ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| From: Phil Willis-Payne, DPM Subj: Brian Gale, DPM As a British Chiropodist/Podiatrist I have no particular axe to grind in this matter, however I do have a simple observation to make: All that is needed for evil
to flourish is for the good to do nothing. I hope his professional body APMA are taking note, and start to take an active role, as
they have the influence to prevent such situations arising in the future. It is my belief
that preventing similar situations occurring in the future, that licensing boards like the
North Dakota Board of Podiatric Medicine should be abolished and replaced with Health
Profession Panels. It seems ludicrous to have a panel of experts of a specialist
discipline (i.e. Podiatrists) with powers to control licensing for that same discipline,
particularly when those on the panel are actually competitors; working in the locality
(State), of the licensee. It becomes obvious that such a set-up is not ideal when someone
(Dr O) is allowed to be actively involved on such a panel and to influence others on the
panel , who is known to have a grievance toward the licensee (Dr Gale), and felt
threatened by that persons ability. It would seem more appropriate to have licensing
boards made up of people from a range of healthcare disciplines, also, preferably,
podiatrists on the licensing panel should be from neighboring states, additionally, when
an individual on the panel has any connection with a licensee, the individual should
decline to
participate in any decisions for that licensing case. Here in the UK we have a Health
Professions Council made of about 9 different disciplines: radiologists, dieticians, etc.
and the whole panel
participates in decisions regarding registering podiatrists.
Kind Regards |
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| Posted to Newsflash Podiatry ONLINE, 5/19/2000 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| LETTERS ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| From: Frank J. Lattarulo, DPM Subj: Dr Gale and the NON-SUPPORT OF THE APMA Dr Gale could not be more right on about the LACK of noise from the APMA. What are they afraid of? Do they have an opinion about all this? Where do they stand? Their silence on this issue is deafening. How about it Ron--what do YOU think. Thousands of members are waiting to hear from you. Can't hear you. Frank J. Lattarulo, DPM Tapan Zee Division Doclatt@aol.com New York, New York _____________________________ From: Gerald S. Campo, DPM Subj: APMA and Dr. Gale While I agree that the APMA should proceed cautiously regarding individual legal issues I feel that it is incumbent on the APMA to look into Dr. Gale's case. Acting as an independent 3rd party the APMA needs to review this case because it involves the integrity of one of its state components. Unfortunately, North Dakota is a small component but a problem of this magnitude cannot be ignored. Gerald S. Campo, DPM CampoNY@aol.com |
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| LETTERS ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Posted to 5/9/00 Newsflash on Podiatry ONLINE From: Harold Vogler, DPM I was the expert who reviewed and provided written opinion on, the "standard of care" issues raised by the NDBPM against Dr. Brian Gale. These so called "disciplinary actions" have resulted in proceedings that place Dr. Gales licensure at great risk. My review & expert opinion report clearly denoted that I had reviewed all charts, x-rays and "complaints". As a result, early on it was apparent that there were numerous conflicting "facts" as presented by the NDBPM in their case against Dr. Gale. Considerable information presented by the NDBPM was simply false, incorrect or lacking. Retrospection in this licensing action compels several troubling concerns.
The expert opinion that I completed on behalf of Dr. Gale provided extensive analytical detail with factual support for every point lodged against Dr. Gale by the NDBPM & the competing orthopedists who filed these complaints. Interestingly, the nature of the "complaints" are entirely devoid of information that would ordinarily result in a licensing action. Yes, there were some surgical complications involved ...none however resulted in problems ordinarily the substance of licensing actions. On the other hand, I know of no one who has not experienced such problems in the practice of foot & ankle surgery? No litigation resulted from the cases filed against Dr. Gale by the NDBPM. None of the patients cases that the NDBPM used against Dr. Gale resulted in any disability claims. Three of the patient cases used against Dr. Gale by the NDBPM, involved
treatment by Dr. Gale for problems generated and directly resultant from, prior surgical
treatment by other surgeons - two of which were the result of the president of the NDBPM -
Dr. Olson. The NDBPM expert himself even agreed in his report, that one case used against
Dr. Gale was worse off following treatment one of the orthopedists involved in the case.
In the two remaining cases, the patient was seen before and after Dr. Gale's care by the
complaining orthopedist and he even agreed that Dr. Gale's treatment corrected the
patient's problem which he had been working on for years. Note: Link to Expert Opinion from Dr Expert#1 |
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| To: <bgale9@home.com> Subject: Jessica/Board Date: Tue, 2 May 2000 18:08:49 -0500 My name is Jessica Bentson, I am a 4th year student at OCPM and from Kulm, ND. I have had the privilege of knowing Dr. Gale since 1994 when I was a patient of his. The professionalism and compassion that Dr. Gale showed me during and following the surgery he performed convinced me to change my goal of being an orthopedic physician to being a Podiatric physician. I have had the opportunity to observe Dr. Gale in his office and in surgery numerous times and was very impressed with not only his skill as a surgeon but also with his concern for the well being of the patient. Dr. Gale professionalism, high moral standards, and skill are without doubt in my opinion. For the past 4 years at OCPM, my goal was to obtain the best possible education so I could return to North Dakota after residency and provide care to the people of my home state. Unfortunately, the recent actions of the NDBP taken against Dr. Gale have caused me to reconsider this choice. If they are treating a fellow podiatrist in this manner, how will they treat me when I try to get a license and try to set up a practice in ND? Sincerely, |
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| 4/28/2000 From Newsflash 4/28/00 Podiatry ONLINE BRIAN GALE, DPM LOSES STAY EFFORT, FILES PERSONAL BANKRUPTCY I really wish this guy would catch a break. To be honest, I've had 2 people anonymously send me "hate mail" about Brian, saying in general that I should question the info that I've been told about him, but there has been such an overwhelming number of letters written for him, hundreds of them, relating anecdotes where he genuinely helped them with serious problems, that I've been convinced that he, at least, should be considered a community asset, and be allowed to practice in North Dakota. The letters are compelling. I guarantee you, if I tried to call in that many favors among people whom I've met or provided services to, in all humility, I wouldn't get anywhere near that response, in quantity, or quality. This says a lot for a person. Of course, people can be schizophrenic, but after speaking with Dr. Gale on the phone a few times and reading what others have written about him, I tend to doubt it. I really think he fell into a nest of bad human relations among doctors in his community, of greed and jealousy, and he may have fought back when he should have acquiesced, and he is being made to suffer for it. Ever met a timid surgeon ? Read the letter from his wife Tami to the Governor. I still think his case is an allegory for the difficulty that a well trained podiatrist finds after training when he tries to find a practice niche where he can employ his considerable talents in the medical community today. Bret Ribotsky, DPM, President of the American College of Foot and Ankle Orthopedics & Medicine, and Bryan Markinson, DPM in New York, both have written this week in the Podiatry Online NewsFlash that the area for podiatrists to excel, to occupy a unique niche in the healthcare system, is not surgery, where we overlap with other good doctors (yes, mostly not as good), but in medicine. Ribotsky boldly said, "The ability to make people feel more comfortable, to relieve their pain, to improve their ambulation and to heal their wounds is what has distinguished podiatry from the rest of healthcare...At its best, the complete podiatric practice encompasses medical, orthopedic and surgical care, as appropriate. Some practitioners may elect to emphasize surgical procedures, while others prefer to concentrate on medical and orthopedic treatments. That is not a choice driven by economics, since we can identify successful, lucrative practices at either end of the spectrum of specialization and at every point in between." But Bryan Markinson, DPM in his inimical way, crystallized
the "podiatric condition" when he said, "The reality is that the majority
of our graduating seniors across the country know most about what the majority of them
will be doing the least! I operate alongside orthopedic surgeons, as most operating
podiatrists do. In the procedures that I am comfortable performing, I have parity
with respect to "questioning our place." It is in the non-surgical aspects of
foot care that I do not have parity with my orthopedic friends....The simple fact is that
I am SUPERIOR to many of them. Where will it all end, Podiatry Online readers ? Just as our goal for our children is to nurture their talents and give those talents the greatest opportunity to reach fulfillment, we will continue what Irv Kanat and Lowell Weil and William Munsey and E. Dalton McGamry have done in their lives...make podiatry so useful to society that the demand for it self-perpetuates. Alan Sherman, D.P.M. ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| |
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| From: Michael Mesic [mailto:mmesic@ocpm.edu] Sent: Thursday, April 20, 2000 12:07 AM To: bgale9@home.com Subject: Letter in support of Dr. Brian Gale April 19, 2000 As the webmaster of the Podiatry Students Forum I have been aware of the Dr. Brian Gale case for several months. The goal of my forum is to provide objectivity and unbiased viewpoints so visitors can make up their own minds. I must admit that it has been most difficult to remain silent on this matter. The efforts of Dr. Brian Gale and his strongest supporter Dr. Richard Willner have convinced me wholeheartedly to back his cause because the precedent set by this case will effect the environment in which all podiatrists will practice. Dr. Gale has gone public with the injustices against him and is getting noticed by individuals who I believe will eventually help remedy the matter. Dr. Gale has been successful in publicizing his case through the power of the internet. I applaud him for having the courage to come forward and inform all of us of the injustices he has endured. Some facts that helped sway my opinion are as follows:
It seems possible that the ND State Podiatry Board will be dismantled and swallowed up by the State Medical Board. This abuse of power has left a dark shadow on the profession as DPMs are viewed as being incapable of policing themselves. So why should podiatric medical students care about Dr. Brian Gale? Envision being a well-respected 4 year surgically trained podiatric physician. Now envision having everything you've worked for being taken away, not because you were negligent or incompetent but because you were the most highly trained and successful podiatrist in the state and your competition wanted you out and were willing to use their power to destroy you. If this can happen to Dr. Gale, it can happen to anyone. By supporting his cause you are nurturing the professional environment that you will eventually have to work in. Please visit his site, write him a letter of support and tell others of this injustice. Sincerely, Michael Mesic |
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| 4/18/2000 ND STATE SENATOR
SUPPORTS BRIAN GALE, DPM ~~~~~~~~~~~ What Brian Gale, DPM needs now is for the other podiatrists on |
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| 4/16/2000Heidi, (North Dakota Attorney General
Heidi Hietkamp)
I am writing to you today about a very important matter. Another
person who had a dream. A person who pulled himself up from his boot straps when his dad
died when he was 9, and together with his mom and 3 siblings struggled to make the
American Dream a reality for himself.
A person who talks to waitresses, and farmers, and construction workers. To Doctors and Judges... all are treated equally, with a smile, some shared small talk, and genuine loving concern. A man who can surgically repair an ankle, but who has trouble potty training his daughter. A man who has the grit to stand tall and fight an injustice, where everyone else would turn tail and run. This is a giant of a man, a born leader, who is respected by all who come in contact with him, I speak of Brian Gale. I have known Brian for all of 6 weeks. He E-mailed me via the Podiatry
On Line E-mag. I responded back not believing a word he said. After all, the
"Board" is always right. I read his Briefs. I re-read them. I did not believe
what I read. I asked for supporting documents. I asked for more information. I kept on
digging for more information to find inconsistencies in Gales story. I have interviewed
him. Truthfully, I must admit that I "grilled" him. I was brutal. After all, he
made his mess public and I felt justified to dig and Gale received a 4 year surgical residency in Foot and Ankle surgery. In a profession where the average is NO residency or ONE year of residency. As such he is the BEST TRAINED FOOT/ANKLE SURGEON IN AMERICA!! And North Dakota Podiatry Board had found him to be incompetent!! Go figure. Brian Gale or any other Doctor is greatly outgunned by an errant Board. His courage in standing tall against unbelievable odds is an inspiration to us all. Brian's website www.briangale.com <http://www.briangale.com> has attracted nationwide attention from Podiatrists, Podiatry students and their parents,relatives,friends; Physicians, Nurses, as well as thousands of laypersons. The Great Britain Podiatry Maillist has given this international exposure in every country in the World that has Foot Specialists. Brian has literally thousands of active passionate supporters, not
including the 2,000 podiatry students. This number grows each day as friends Email this
information to their electronic contacts. Richard Willner, DPM |
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| NORTH DAKOTA
GOVERNOR SCHAFER COMPELLED BY BRIAN GALE STORY 4/13/2000 |
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| From: Andrew Rice, DPM Subj: Brian Gale, DPM I have known Brian Gale for over 20 years. I have known Brian since orientation to Podiatry School at PCPM. Brian and I studied together and shared an apartment for our 2 final years at PCPM. Brian was academically strong, was a student leader of his class for 4 years, graduated high in our class. Brian went on to one the most prestigious residency programs in our profession. Completed 4 years of postgraduate training. He trained with the leaders in our profession. After a short period of time at Kaiser he moved to North Dakota. Brian moved to North Dakota for the opportunity to join a popular practice, utilize his skills in complicated foot and ankle reconstruction. Those same skills he perfected in his exhaustive training in Philadelphia. After 1 year with this practice, Brian decided to leave and begin his own practice. Brian opened his doors cold and within 1 year had built a following of devoted patients, and referrals. Brian came under great pressure from his former associate from the time he left his office. And not to my surprise jealousy and envy with this past associate has escalated to the level we have witnessed today. Brian's credibility and compassion for his patients is supreme. He has maintained a highest degree of credibility among his colleagues throughout the country. I fully support Brian's case and am angered by the manner in which he is now being treated. Andrew H. Rice, DPM, FACFAS Chief, Section of Podiatry, Norwalk Hospital arice@medsolve.com www.medsolve.com Norwalk, Connecticut From: mowetzel@stu.uomhs.edu |
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Dr Gale: You may not remember me, but you were kind enough to call me several months ago in response to a letter I sent you regarding a residency in Bismarck. I can't tell you how much I appreciate you taking the time to talk with me and provide encouragement especially now that I realize you were/are in the midst of plenty of troubles of your own. I'd like to let you know that I am appalled at the actions taken against you. One always likes to believe that people "back home" can be counted on to act appropriately and it is always disappointing to find that mean spiritedness and pettiness can be found in any population. If there is anything I can do to help please do not hesitate to contact me. I don't know what help a 2nd year student can provide but in any case you can count on my emotional support. Your case has made quite an impression among students here at CPMS so I can't help but believe that you made the right choice in going public. Please continue your battle and I am sure that you will prevail in the end. By the way, after you told me that you were interested in establishing a residency but that you didn't believe that any of the hospitals would sponsor one, I wrote to both Medcenter One and St. A's to explain the benefits that they could expect if they established a podiatric residency. The Assistant Administrator at St. A's has sent me a cautiously worded email to say that I'd done a good job of explaining the benefits and that they would investigate further. If dreams come true your problems will be resolved, one of the hospitals will set up a residency, and I will get a chance to learn some of the skills you've spent so much effort in learning. Hope things clear up for you soon. Mark Wetzel, DPM02 |
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| From: Mikel David Daniels, DPM Subj: The Current Case vs. Dr. Gale Having reviewed the available information about the unfortunate situation faced by Dr. Gale, I felt the need to write this letter. Not having the medical records, and having a limited background, I do not wish to comment on the medical cases, but I do wish to point out the apparent unfair and unethical treatment that Dr. Gale has been forced to endure. The simple fact of the matter that a former employer, to which Dr. Gale has had issues with in the past, and who is currently in practice in the same metropolitan area, is left to direct and/or influence a board that can rule on the future of Dr. Gale is an inexcusable conflict of interest and highly unethical. These facts alone warrant immediate review of the current situation by an independent panel with no connections to either Dr. Gale, or the Board in North Dakota. According to the information provided by Podiatry Online http://www.smartfoot.com/material/BRIANGALE.html the Board in North Dakota is in violation of its own founding bylaws and should be immediately removed since the members are not replaced in the manor stated in said bylaws. Also, several conflicts of interest exist in this case in regards to board appointments, and review of such appointments. Review of the literature also shows that these board members lack the clinical educational training to make a truly informed decision about these cases (as do I for that matter). As someone nearing the end of my scholastic training, I believe that the entire podiatric community owes it to Dr. Gale to rally around him in support of what appears to be unfair practices. We at least owe him the respect to support his pleas for an independent review and a level playing field. If something like this can happen to a well-trained, highly ethical person such as Dr. Gale, it can happen you and it could happen to me. I offer him my support and I wish him the best of luck. Mikel David Daniels, Podiatry Student 4th Yr or Graduates 5-2000 mikeldd@yahoo.com |
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