3/15/2000

To all relevant parties,

This is an open letter to anyone involved in the discipline action of Dr. Brian Gale. I was a patient of Dr. Gale’s in 1995. In the course of my work, I had the misfortune of coming into contact with an overhead powerline. One of the results was a burn in the top of my foot where the electricity exited. I was unable to return to work for five weeks while the injury was healing. Dr Gale treated my injury during this time.

I was very satisfied with the treatment I received. For one, Dr. Gale saw me within minutes of my preset appointment times. I would only find out later that this is a rarity with doctors. Also Dr. Gale’s professional manner was what I expected – professional. He was not condescending or rude as I have found other doctors to be.

However, the action that most revealed Dr Gale’s demeanor was what he refused to do. That is, he refused to indefinitely prolong my treatment as some other doctors would. You see, as this was a work related injury, worker’s compensation paid for the treatments. Dr. Gale could have drawn out my treatments all summer if he felt like it. He did not. Instead, once he was confident that the injury had sufficiently healed and he was certain I could tend to the remaining care myself, Dr. Gale allowed me to return to work. I say "allowed", because the nature of my work required that he sign off on my release to work.

If Dr. Gale had felt like milking the system, he could have held me back for another eight weeks. That was how long it took for all of the final scar tissue to form. Instead, Dr. Gale passed up an opportunity to make money when he very well could have and no one could have protested his decision. This, to me, is the mark of personal integrity.

I realize that my experience is no way directly related to the on at hand. I offer this testimony only as a reference to character.

Also, I have been up against entrenched state bureaucracies myself. I have never encountered a state agency which did not put it’s own self-perpetuation and the whims of it’s board members before the objective resolution of the issues presented to it. This does not mean that all state agencies are corrupt. It just means that I have not had the pleasure of dealing directly with the legitimate ones.

Please use extreme care when judging the case of Dr. Brian Gale. A man’s reputation livelihood are at stake.

Thank you,

Brennan R. Cook

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Dear Governor Schafer,

We are very disappointed to read about the decision that the ND Board of Podiatric Medicine imposed about Dr. Brian Gale.

In the fall of 1998, our then 10 year old daughter, began having a tremendous amount of foot pain while beginning to play 4^th grade basketball. Lacey truly loves the sport, but came home in pain and tears after playing and practicing for the game. We started seeing our local physician, Dr. Steve Kilwein. After trying several courses of treatment with no relief throughout the winter months, Dr. Kilwein recommended we see Dr. Gale for a second opinion.

We found Dr. Gale to be very knowledgeable about Lacey’s foot condition. After a very conservative approach to treating her problems, we finally came to the conclusion that surgery to re-construct the foot was needed. On May 3, 1999, Dr. Gale performed the 4-part corrective procedure on her left foot. He allowed Dr. Kilwein to assist which then gave us the opportunity to have all follow-ups at home with Dr. Kilwein so we didn’t have to drive 120 miles to Bismarck. During follow-up care and then therapy, Dr. Kilwein consulted with Dr. Gale to keep him up-to-date on Lacey’s progress.

Her surgery was a success. By the end of August, she was playing basketball again. After the season was over, Dr. Gale then performed the same surgery on the right foot on October 25, 1999. Once again, great results. After Christmas vacation, Lacey was able to take first place in the Elks Hoop Shoot for girls at school, then advanced and took first in the region. She ended up taking fourth at state. Not bad for finishing recovery and scheduled therapy on appointments on December 14, 1999. But most importantly, her feet no longer hurt and she is doing very well.

We truly believe Dr. Gale is an excellent doctor. We are so pleased with his knowledge, capability and his genuine concern for Lacey’s care. He followed her progress, not only through Dr. Kilwein, but also with personal phone calls and visits.

We urge you to please change members of the ND Board of Podiatric Medicine yearly as presented in the Century Code. Dr. Gale was treated unfairly. We will always have the highest respect and support for Dr. Brian Gale.

Sincerely,

Francis Jacobs

Terryl Jacobs

Lacey Jacobs

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(To Governor Schafer)

I am writing on behalf of Dr. Brian Gale. And I just want to say I am actually appalled at the accusations put on Dr. Gale in regards to his assessment and treatment of patients.

I am simply a patient of Dr. Gale’s and as I read the articles in the paper against him I am sickened. It appears it is so easy to judge someone else and never look at ourselves. God’s word has something to say about that in Matthew 7:1 & 2; "Judge not. that ye be not judged. For with what judgement ye judge, ye shall be judged; and with what measure ye mete, it shall be measured to you again.".

Dr. Gale performed surgery on my foot. He was recommended to me by another patient of his. Dr. Gale spent one whole office visit with me to explain the procedure of this surgery. He even gave me a couple avenues of choice. I was so scared when I went in for this consultation, but after my consultation with Dr. Gale I felt totally confident in his competence. The surgery went very well, every action being explained to me and I asked questions also. Dr. Gale gave me post operative instructions on caring for my foot. Plus, several follow-up appointments to check the surgery, each time carefully attending it and seeing if I had any questions and simply how I was feeling. I was so totally cared for and was so impressed how he professionally handled the surgery that I was about to make another appointment when all this happened. I felt devastated because I need surgery on my other foot and really want Dr. Gale to perform this surgery. Especially since I have even more extensive work to be done on this foot. I do not understand such action taken against Dr. Gale. It seems to me someone is "nit picking" and jealous of an excellent doctor.

So since I understand that the NDBPM members are appointed by you, Governor, I earnestly appeal to you to please change these members since that is what the century code requires anyway, and the board is currently in violation of its own policy. But then I guess it’s okay though for the board to break rules – right?! I just feel as though Dr. Gale has been "ganged up" on by a former partner who just happens to be on this board beyond hid time and with a desire to destroy a fellow servant to us – the patient. I cannot help but wonder who paid this Illinois doctor to make such statements as "Dr. Gale is willing to perform surgery as soon as possible," (what a profound statement) and yet another that "Dr. Gale is more concerned about performing the surgery than providing the necessary care that would aid the patient." What an outright lie!! I am witness to that. I think it is just terrible that someone or plural, some people have nothing better to do than destroy a person’s whole life. Of course, going once again to God’s word, man’s best book of instruction, Jesus said it best: "He that is without sin among you, let him first cast a stone at her/him". John 8:7

That you Governor for your attention to this ever so urgent matter.

Sincerely,

Darlene Rittenbach

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(To Governor Schafer)

Being wary of physicians most of my life and finally finding those I have much trust in including my podiatrist, I was very surprised to see Dr. Brian Gale’s name in the paper with the Board revoking his license. I had vowed never to go to another foot doctor after my horrendous experience with a Dr. X some fifteen years ago. I wanted a bunion removed that was extremely painful at times but he told me after quickly looking at my foot and taking no x-rays that "Why bother, it will just grow back again anyway?" He also said I would be lucky if I were still able to walk after I reached 65. He demonstrated the rudest behavior I believe any doctor could display. I have talked to many people since then that have experienced the same rudeness. I left in tears with no intention of ever seeing a foot doctor again. I was in my early 30’s and very active so this was quite devastating to me and I remember it like it was yesterday.

Just last year, a girl who worked at the Office where I work mentioned how wonderful her feet felt and now she could walk great distances without the pain she once had. She had the surgery from a Dr. Gale and encouraged me to see him since our problems were so similar. I went with very little optimism that anything could be done.

Well, Dr. Gale straightened my hammertoes;; one of my toes was actually crossed over the big toe all the time and had popped out of joint. He removed the bunion that X said would just grow back, and realigned my toe to a normal position. Everything was done so smoothly from the paperwork to the office visits before and after and (I) was extremely impressed and surprised by the great results of my foot. He treated me so nice before, during and after surgery. The after-care form Dr. Gale and his staff was the best I had ever experienced.

The Board says he rushes into surgery too fast and should take a more conservative approach. I’m sure not an example of that; this was my only option and I am sure that other patients were told of their options also. I believe we as patients forget that miracles cannot be performed and can be quick to blame the doctor even when he has explained the situation thoroughly. I am a very satisfied patient and feel a great injustice is being done to all of his patients as well as him. After all, we do deserve to choose the doctor we feel is best for our specific needs, do we not?

Two weeks ago Dr. Tello saw my foot and said the procedure was the right one and he would have done it exactly the same. Is he too incompetent? I have heard from patients and other doctors that there is a long-standing bitterness for Dr. Gale from Dr. X ever since he left his practice to be on his own. If this is true, a great injustice has been made and needs to be changed.

Thank you for your time; I sincerely hope when I have my other foot surgery this summer I will be able to choose Dr. Gale.

Sincerely,

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 Dear Governor Schafer:

I am writing to you regarding the recent surgical restrictions of Dr. Brian Gale.

I was in need of foot surgery for some time and was hesitant until I spoke to a former patient who highly recommended Dr. Brian Gale. I did have the surgery in January, 1999. After having followed Dr. Brian Gale’s post surgery instructions, my foot healed well in a timely manner. Dr. Brian Gale also has excellent patient communication skills which not all the doctors I’ve had have.

Myself and several others I know are very disappointed with the Board’s decision. I was interested to learn that he members of the ND Board of Podiatric Medicine have had the same members for several years. According to the Century Code, one member is supposed to be changed each year which is not being done.

I believe Dr. Brian Gale is being treated unfairly. For his not being able to practice his profession would be a loss to our community. Therefore, I am hoping the ND Board of Podiatric Medicine will reconsider their decision (and) reinstate Dr. Brian Gale.

Sincerely,

Josphine Schatz

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Dear Governor Schafer:

I was very upset to see the terrible articles that were published in the Bismarck Tribune about Dr. Gale. My wife, Dragana, and I are refugees from Bosnia and are patients of Dr. Gale’s. I was injured by a gunshot wound in 1992 through the right knee, upper hip, and right arm muscle. This was corrected by surgery but unfortunately I lost most of my feeling and functions of my right leg and foot. I have seen several doctors for my problems in the past but no doctor can compare to the service I received from Dr. Gale.

When my wife and I went to Dr. Gale for our first initial visit, I knew right then and there that I had found a doctor that I could trust. Dr. Gale listened very patiently to my wife and I about our problems. He took his time evaluating our conditions. Afterwards, Dr. Gale spoke to us in great detail on which measures he thought would benefit my wife and I. We are very happy with Dr. Gale and the options he presented to us. We followed Dr. Gale’s advice and we are feeling much better.

We feel that Dr. Gale is a very gentle, warm, sincere, and patient man. He would never harm anybody intentionally. He has given us great results, which we did not receive from some of the other doctors that we had seen. He has always treated us with a great amount of respect. If ever my wife and I need anything from Dr. Gale we will not be hesitant to call him as we know he will help us in any way he can.

We feel that suspending his surgical license and the allegations that were brought against him are harsh and unfair. We have spoken with other people who have seen Dr. Gale and they feel the same way as we do. It is a shame that the board has not followed the rules of the Century Code. We have to abide by rules and regulations. Why doesn’t the board follow through with the Century Code? To our understanding, the board members should be changed at least one a year. Why hasn’t this been done? Hopefully, something will be done to clear up Dr. Gale’s good name.

Sincerely,

Zlatko and Dragana Geib

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To Whom It May Concern,

I am writing this letter on behalf of my podiatrist, Dr. Brian Gale, for the purpose of giving evidence to the services I have received from him. I am a resident of Mandan, ND and I have been under Dr. Gale’s care for over 4 years. For 7 years up to and including my move to North Dakota, I suffered ankle ulcers due to poor leg circulation because of my progressive Rheumatoid Arthritis.

During that 7 year period, I underwent many therapies like hyperbaric treatments, pressurized leg boots, skin grafts and treatment at John Hopkins in Baltimore, MD for pain control. Within my first year of being under Dr. Gale’s care, my condition improved and my ankles have been ulcer and pain free for almost 2 years. Under his supervision and the staff of St. Alexius Home Health, I am taking preventive treatments so that the well not return.

I hope that his letter may help as a testament of Dr. Gale’s capability as a podiatrist. I trust Dr. Gale’s completely and hope that those responsible for the accusations against him, for whatever reasons, will be as honest with themselves as I have been in this letter of support for Dr. Brian Gale.

Sincerely,

Charles N. Harris

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Dear Governor Schafer:

I am writing regarding recent news releases concerning the disciplinary action taken by the North Dakota Board of Podiatric Medicine against Dr. Brian Gale. I understand that you are responsible for appointing members of the Board of Podiatric Medicine, and I would like to ask that you consider changing members of this board, or possibly review by an uninvolved third party.

The career of Dr. Gale is of the utmost importance to me because of the tremendous impact that he has had in the health care of my family, and I would very much appreciate it if you would allow me to explain the impact of Dr. Gale’s treatment. My daughter developed a badly infected ingrown toenail in January and I took her to Dr. Gale for evaluation and treatment. She was very nervous about having any kind of surgical procedure done and wanted it left alone to heal. I asked Dr. Gale to explain to her treatment procedures, as well as the consequences of leaving it left alone, which he did with considerable patience and kindness. Dr. Gale prescribed an antibiotic, and a week later removed the ingrown toenail.

At that visit to Dr. Gale’s office, I picked up a brochure from some medical pamphlets he had displayed in his office and read through them. I visited with my mother’s primary care physician concerning evaluation for some of the things I read about in that brochure. For the last year, my mother has had some very serious foot problems which have been evaluated by a neurologist and a vascular surgeon. She has been hospitalized and treated for blood clots, has had a bone scan and an arteriogram, and very extensive testing. Her left foot has been cold to the touch, shades of purple and gray, and extremely painful. As of January, the consensus of these doctors was that the limb will probably need to be amputated soon. Fortunately, my mother’s primary care physician agree to refer her for an evaluation with Dr. Brian Gale. Dr. Gale agreed with the diagnosis of reflex sympathetic dystrophy syndrome (RSDS), and said that he once studied under one of the country’s leading experts in this particular disorder. He contacted the primary care physician with recommendations concerning treatment. The results have been so remarkable that they must be seen to be believed. Dr. Gale said there is a nerve that has not been functioning correctly and my mother must have nerve block injections by an anesthesiologist he recommended who specialized in this type of treatment. My mother has had two of these injections by Dr. Ron Knutson, the anesthesiologist recommended by Dr. Gale. She is scheduled for a third next week. Her leg and foot are 90% improved, and she has very little pain. The purple and gray limb that looked deceased has been replaced by normal skin tones. Solely because of the expertise of Dr. Gale, my mother’s limb has been saved, and her life has been enriched and possibly lengthened.

I feel deep gratitude to Dr. Gale for his treatment and recommendations. I am also very concerned by what could happen if the RSDS returns in my mother’s leg and Dr. Gale’s medical practice is subject to restrictions.

Sincerely,

named omitted at patient's request

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Dear Governor Schafer,

We were dismayed after reading the recent Bismarck Tribune articles about Dr. Brian Gale’s practice.

As satisfied patients of his, surgically and otherwise, we have a difficult time believing everything written against him.

If this is true, as the articles read, why haven’t the insurance companies stepped in with proper options or be in disagreement in paying Dr. Gale’s bills?

We would appreciate knowing who are members of the N. D. Board of Podiatric Medicine. how are the board members appointed or given their rightful responsibility? Who is the president of this board? How long do these board members hold their position? Is there a one-member change every year as the Century Code suggests?

We realize we are not in position to have complete knowledge of this case but we do know that Dr. Gale’s career could be ended, not only because of the money involved but the many untruths written and spoken about him. What a shame to have such a wonderful young doctor, a professional, become a broken man.

Dr. Gale, a skilled surgeon, has a kind and humble spirit while conducting his office calls. We appreciate his knowledgeable and gracious bedside manners. We were gretaly impressed with him after dealing with another podiatrist in Bismarck who truly gave us a tongue-lashing after we wanted a second opinion.

Please have the N.D. Board of Podiatric Medicine reconsider their decisions about Dr. Gale. We all would want the same favor for ourselves and/or our sons and daughters if treated unfairly in or life’s journey.

One thing we do know, if Dr. Gale continues to be the victim, many people will go to other cities for podiatric care. This would be a loss to our state, city, and people who need and desire his care.

It is with prayer and concern that we present this issue to your attention for further action.

Most Sincerely,

Herb Schlaht

Dear Governor Schafer,

Recently Dr. Gale, of Dakota Foot and Ankle Clinic in Bismarck, was cited for improper medical practices. Our family believes that this was done unfairly as it has come to our attention that the board which oversees all this is improperly made up of members whose terms should already have expired. Also it should be taken into consideration how effective a practice Dr. Gale has.

And we feel it is very effective.

Dan Leno is suffering from dementia, heart disease, and diabetes. Perhaps a year and a half ago some doctors informed us that he would have to lose his right foot. His circulation was bad to both legs and he had developed some foot sores that we were informed were gangrenous. Dr. Gale had been working on his feet but these physicians felt his feet were beyond improving. So we set up an appointment for the amputation of his right foot and felt it would just be a matter of time before the left foot would probably be lost also.

Once Dr. Gale heard of this he telephoned our house and stated that he could save Dan’s feet if just given some more time.

We agreed, and although Dan lost some toes, he has kept both legs and is about 99.9% pain free.

So our family credits Dr. Gale for this and are very thankful to him.

Seriously, what more can you ask from a physician?

He has always been respectful and courteous to Dan and always explained to the family just what he is attempting to accomplish with his treatments—we just wish that more doctors would be like him.

In closing, we ask you to please reconsider the complaints filed against him by the North Dakota Board of Podiatric Medicine.

Cordially,

To Whom it May Concern:

RE: Geraldine Parsley and Margie Pulkrabek

Geraldine Parsley was seen for painful Achilles tendon that resulted form a partial tear. Conservative treatment failed to give her any relief. As a result I referred her to Dr. Gale for a second opinion and I provided Dr. Gale with her history indicating that all conservative options had been tried without any relief and surgical apporach was appropriate at this time.

As far as the second patient, Margie Pulkrabek, she had plantar fasciitis and tarsal tunnel syndrome. Her problems were treated conservatively again with very minimal improvement. As a result I referred her to Dr. Gale for a second opinion and surgical correction if he deemed it appropriate. Once again I provided Dr. Gale with information indicating that conservative treatment was tried with very minimal improvement and to my knowledge, he has operated on several patients with tarsal tunnel release and I believe at the same time the surgery for the plantar fasciitis and the surgery for the tarsal tunnel should be done at the same time and to my knowledge she did very well after surgery and she had immediate relief. So in both cases conservative treatment was done mainly by me and in both cases conservative treatment provided either no relief to very limited relief. That is why the referral was made to Dr. gale for surgical correction.

If you have any questions, please do not hesitate to contact me. Thank you.