25 DR. HOFSOMMER: I would say G then. I
34

1 think that's part probably the closest. There was references, I believe -- there
2 was five degrees of dorsiflexion available on the
3 left or on the right. So, you know, towards the
4 end I think the indication for the procedure is
5 more a medical record thing.
6 I feel, therefore, that - (laughing) I don't know.
7 If we can't use the medical records, I see as
8 throwing that one out. You know, obviously I see
9 some problems there, but as far as actually
10 (inaudible), I don't know if I -- well, I guess it
11 was careless, would be as close as I could get.

Dr. Moen

11 I was bothered by the fact that in his
12 preoperative assessment of the patient he commented
13 on a preoperative diagnosis and postoperative
14 diagnosis as saying there's obviously no way that
15 one can list the postoperative diagnosis before the
16 procedure is even done. That leaves me somewhat
17 suspect that Dr. Gale consistently decides what the
18 procedure's going to be without the information
19 necessary before him, and while we have eliminated
20 N as to medical records issue, I do think that
21 there's still a standard of care that all of us are
22 held to, and that includes how we utilize and how
23 we dictate our medical records, and in that sense I
24 think there was a clear violation of standard of
25 care.

33

1 MR. THUNE: So, Dr. Moen, you're under K,
2 violation under K. Dr. Hofsommer, the part I'm not
3 clear about in yours is your comment about the
4 conflict in the reading or the possible misreading
5 of the MRI findings. Is that, in your opinion, a
6 violation or not? I think I heard you say that you
7 didn't think there was a violation here. Am I
8 right in that?