| "This page is for questions that anyone would like to ask Dr. Gale
and have him post here to the public. Questions can be about the legal issues to explain
them or they can be about foot and ankle problems. The questions can come from patients or
doctors. The questions about specific foot and ankle problems should be asked with the
understanding that Dr. Gale can only give general information and not specific treatment
advice without examining a patient first." Q.
How could this happen to someone? This whole scenario is so unbelievable. It seems like
there should be some type of checks and balances in the system so these type of problems
don't occur.
A. The Board of Podiatry in North Dakota is unusual from other boards
in other states for several reasons. Many boards have an executive director and a group of
administrators who oversee the activities of the board. There are usually many more
podiatrists in the state so that means it's more difficult for one person to control the
board. That also means that the turnover of board members would be more regular due to
more podiatrists interested in being on the board. I have been aware of the problems with
the board for several years. I never thought things would go this far. I also submitted
several names to the Governor's office as nominees to the Board when I was president of
the state podiatry association. I was elected to that position by the other podiatrists in
the state.
TEN QUESTIONS ABOUT THE BRIAN GALE MATTER
by Hey Prospective Students
To Whom Concerned:
I have never posted concerning the Brian Gale matter but here goes:
Q1. Whether guilty or innocent, why is this doctor being tried,
judged, and "executed" by his financial competitors? Where is the impartialness
here? This smacks of unfairness.
A1. There is no impartialness. If is NOT fair. That's the way the state board
is set up (see above).
Q2. Is it not true that a doctor from one of the podiatry
schools testified against Brian Gale on this legal matter?
A2. Dr. Adolph W. Galinski, Associate
Dean, Clinical Sciences, Scholl College of Podiatric Medicine, Chicago, Illinois served as
the independent reviewer.There were 2 doctor
"experts" who gave their opinions to the NDBPM. The expert report from 1 as well as a follow up posting from
doctor expert 1 can be read in its entirety on
this website. The Board hired Dr. E. Dalton Expert 2 as
its expert witness. We have requested but not received the written report from the second
doctor expert.
On July 20, 1999, Dr. Galinski issued his opinion concluding that in all five
cases that Dr. Gale failed to properly treat and/or care for the patient. In his written
opinion, Dr. Galinski discussed in detail that Dr. Gale’s medical record keeping in
all five cases was unacceptable. At a Board meeting on August 11, 1999 in Jamestown,
the Board and Dr. Gale entered into a Stipulated Modification to Settlement Agreement
because Dr. Galinski’s opinion discussed in detail Dr. Gale’s medical record
keeping in all five cases and the medical record keeping was not even an issue in
the First Amended Complaint; thus it was agreed by the parties to not accept Dr.
Galinski’s opinion.
Q3. Is it not true that one of the states on the Eastern seaboard has made it difficult
for podiatrists to get licensed there? I have two friends that made 74's on the test when
75 was needed to pass. Is this just a coincidence?
Q4. What has been the response of the national organization that I presume Brian Gale paid
dues to over these years?
A4. No response until 6/4/2000 - they are
setting up an inquiry of possible misconduct of
the members of the North Dakota Board of Podiatric Medicine
Q5. Was it true that some of the complaining patients had been treated by other doctors
including the ones that are trying to expel Dr. Gale?
A5. YES
Q6. Did these patients sue Dr. Gale?
A6. NO
Q7. What was the outcome of these lawsuits?
A7. Patients did not sue
Q8. Is it true that the podiatry board members are not rotating as their bylaws
state they should?
A8. follow the link for Board tenure - they are all
serving much longer that the state statutes define for term limits.
Q9. Did the board attempt any discipline other than expulsion?
A9.The Board’s decision to severely restrict my practice plus their requirement
for retraining me imposes upon me even more irreparable injury. Restricting my
surgical practice limits a very significant portion of my income and this aspect of the
Board’s decision in and of itself is causing me serious financial concern. I
have had several patients that were scheduled for surgery during the month of February and
all of them have told me that they have decided to wait for their surgery until I am able
to have my surgical privileges restored. Adding to my financial hardship, is the
Board’s additional requirement that I must travel to Tucker, GA on three separate
occasions with each time requiring me to be gone from my practice for a full week’s
time to attend three separate mini-residency courses. This means that in addition to
having to shut-down my office for three full weeks (and as a sole practitioner this could
have a very deleterious effect upon me) plus, I must also pay for tuition, meals, lodging
and air fair to and from Tucker, GA each time. Further I am also required to
take two additional courses at the Orthopedic Learning Center. I estimate that my
out of pocket costs to take these courses will be approximately $6,000. The Board
has stated that it will reinstate full operative privileges to me only after completion of
the three one week mini-residency courses in Georgia and one of the courses at the
Orthopedic Learning Center. At the Board meeting on January 27, 2000, when the Board
decided its discipline requirements against me, the Board stated that I would be able to
complete the three one week mini-residency courses and the Orthopedic Learning Center
courses within three months so that the restriction on my surgical privileges would not
create any serious financial problems for me. This is an untrue statement by the
Board. Since that January 27, 2000 meeting, I have checked into the three
mini-residency courses in Georgia and it will take me at least nine months to complete
them. I do not have the money at the present time to attend even the first
mini-residency course. In addition, I see no way in the foreseeable future to get
the money because of the Board’s severe restriction on my surgical privileges.
As a result of the Board’s limiting my surgical privileges, St. Alexius Medical
Center and Med-Center One have now limited my surgical privileges at their
hospitals. The effect of the Board’s discipline on me is seriously impacting my
ability to make a living. Without being allowed to do even the most common
procedures that most podiatrists perform (e.g., bunion procedures), it makes it extremely
difficult to be able to keep my office open indefinitely. My performance regarding
bunion procedures was not a procedure that was any part of the basis for any of the
complaints that the Board is disciplining me for and yet, the Board is restricting me from
doing bunion procedures as well as other common procedures that could at least provide me
with additional income to continue my practice of Podiatry.
Q10. What is the current state of Dr. Gale's lawsuit against the board?
A10. Both requests for Stays of Discipline have been denied.
To Prospective Students: Read all the Brian Gale Posts. Ask your schools
what their action has been towards states that make it difficult for their grads. How
would you like to spend over 100K on your education and not be able to practice where you
want? This is America, right?
Posted on May 21 2000 , 07:35 AM
from IP address 216.34.244.103
To Student Podiatry Forum
Q. What really happened in California? A. Follow link for full
explanation, published on Podiatry On Line Newsflash 7/2/2000
To include your question, email mailto:info@briangale.com
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