The North Dakota Charges Against Brian Gale, DPM

  Read Dr. Vogler's Expert Report and see how easy it is to come to the same conclusions as 100's of other doctors and lay people .

  Testimony in the ND Senate & House 

  Brian Gale is Being Hunted like the Witch Trials

IT'S LIKE THE I.R.S. ON STEROIDS

It's Time To Put An End To The Persecution of Dr. Gale by the ND Board! - John Trench, III, DPM

Newsflash - The Courage to be a Man


The Case Against Brian Gale, DPM

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By anyone's assessment, Brian Gale's career was off to a great start. After finishing 4 years of postgraduate training at St. Joseph's in Philadelphia with John Buckholtz, DPM and Harold Vogler, DPM, he was recruited by Barry Scurran, DPM at Kaiser Permanente in northern California, to practice the full range of orthopedic and surgical podiatry that he had been trained for. After a 3 years with Kaiser, and dozens of successful ORIF ankle fracture repairs and other advanced procedures, the Kaiser orthopods decided that he had attained too much success too soon and attempted to have him removed. After a short legal battle, he was paid a settlement to leave quietly.

With this interruption in his career behind him, he decided to try private practice and joined the existing practice of DR X (Name edited out), DPM in Bismark, one of only 15 podiatry practices in the state of North Dakota.  But meeting DR X (Name edited out) and going to work for him was not to be the path of success for Dr. Gale. In fact, it was to be the start of his worst nightmare and an apt demonstration of the vulnerability that one's career has in the big sky country in the country's far north.

"But there is a more general lesson for us all to learn from the case of Brian Gale, DPM. After 3 decades of fighting on multiple fronts to establish ourselves as the surgical specialists of the foot and ankle, as this new century unfolds, due to competition from orthopedic surgeons and in some case, other local podiatrists, most podiatrists still cannot practice to the level of skill that they received training for in their residencies. The quest for success for the most well trained podiatric surgeons is often a frustrating one, during which they can spend years finding a community where they are allowed to practice the advanced surgical techniques they were trained for. Many succumb to the need to support their families, establish general podiatry office practices and never use their advanced surgical skills.

We will now visit a few sides of the Brian Gale, DPM story and witness an example of a talented podiatric surgeon who seemed to do everything right, but for whom everything went wrong." from PODIATRY ONLINE


Here is Brian Gale's Story, in his own words:

In 1992-93 I was employed by Dr. X (Name edited out), DPM. When I left his practice he sued me and has been “after” me ever since then.  On 1/27/00 the NDBPM voted to discipline me.  Dr. X is the President of the NDBPM and has been for 15 out of the past 21years. Three out of the other four board members have also been on the Board for 8 years or more. The Board members are appointed by the Governor. The Governor’s attorney is Dr. X’s brother in law! The Board members are to serve four year terms but they have all been reappointed despite the fact that other DPM’s in the state have been willing to serve on the Board. They have replaced only one in the past 8 or more years. "See specific wording of board membership in Century Code."

There were no complaints sent in against me while I was with Dr. X from 7/92-10/93. Within a few months of me leaving him, the complaints started. Most of the complaints have been from orthopedic surgeons (Bone & Joint Clinic) in the local area except for one. There have been no other complaints sent in from any other type of doctors except orthopedic surgeons. The only patient complaints have been from one’s who were being treated by Dr. X. An example of one complaint is a patient was seen by me once and treated for heel pain. The local foot and ankle orthopod sent in a complaint to the Board without ever seeing my records. Three of the five complaints they just acted upon where submitted in 1994. The patients involved have never been interviewed and I have never been given a chance to have a discussion with any of the Board members to explain the facts they have wrong. None of these patients have sued me and none of them have applied for any type of disability. 

I have had other DPM’s in North Dakota read the records and they have found that nothing is out of the ordinary in my treatment of these patients. I have an attorney and we are appealing the discipline, but unless the Board members are changed this will just continue until they revoke my license or I have to close my practice due to financial hardship. 

There are only about fifteen practicing DPM’s in North Dakota. So the Board makes up about 30% of them. 

I’m asking that all of you read the information that I’m supplying.  I have removed the names of the experts to avoid distractions and controversy concerning them.  If you would like to see the actual patient records I can fax them to you. I’m looking for a strong show of support to help me try to end this before I lose the past 22 years of my life.

Thank you. 

Brian Gale, DPM
Brian@BrianGale.com

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Complete Details Below

Doctors & Students Supporting Dr Gale*new responses added almost daily

Letters from Outside the Medical Community *growing list

FAQ

Invitation for rebuttal


Testimony & Bills in the North Dakota Legislative Assembly

9/26/02- Dr Gale testifies at State Commerce Committee

9/20/02 - Amendments to Century Code pertaining to Podiatric Medicine
7/12/01 - Agenda of Commerce Committee - study of occupational and professional boards
April 2001 -Bills 1262 & 1377 adopted form
2/21/01 - Dr Gale's Senate Testimony in the Senate
2/20/01- Senate to Meet on Bill #1262 -
Proposed amendments & senator contact info & e-mail's
2/16/01- Bill 1377 did not pass House - Next hurdle the Senate
2/12/01 - Dr Gale's Testimony on Bill 1377
2/12/01 - Dr Gale's Testimony on Bill 1262
2/12/01 - Additional Testimony - Response to Olson's testimony
2/12/01- Letter to all senators and representatives
2/9/01 - TESTIFY AGAINST BILL #1377
Read Bill 1377
1/29/01- Testimony to be added for Bill # 1262
1/26/01- Bill 1377 to Give More Power (and $$$$) to NDBPM
                 
(Includes e-mail links for comments to all committee members)
Read Bill 1262 amendments 1/24/02 (as adopted)
Read Bill 1262 - outstanding debt of NDBPM transferred to Medical Examiners
01/9/01 - Bill 1377 - initial draft- allow NDBPM to borrow money (no limit)
01/9/01 - Bill 1262 - initial draft- limit repeat terms and an accused podiatrist has to pay the
              legal  fees to prosecute and investigate himself!

Legal Action/Briefs/Statutes/Transcripts 

New Century Code 2003
10//30/00 - Reply Brief to the Board’s Response to Dr. Gale’s Brief on Appeal of the Administrative Decision
10/5/00 -
Brief on Appeal of Administrative Decision 
4/7/00 - Brief for Stay of the Board's Order
3/8/00 - Stay of Board Decision Brief
The Legal Documents/Board Findings - including minutes from meetings, affidavits, etc
Dr. Expert #1, DPM, FACFAS - Expert Opinion 
North Dakota Board of Podiatric Medicine Statute
North Dakota Board Member Term Limits
Excerpts from Podiatry Board Transcripts

Events,  Actions & Responses

11/15/00 - NDBPM Meets and Votes on More Complaints (also re-elects Dr Olson as president AGAIN)
11/13/00 - License Restrictions Lifted
11/10/00 - Dr Gale completes CME Training prescribed in the discipline from NDBPM
11/7/00 - National Election - North Dakota has new governor
6/13/00 - Lee Hofsommer, DPM resigns from his position on the North Dakota Board of Podiatric Medical Examiners.
6/4/00 - Newsflash Podiatry ONLINE - Re: Federation of State Boards
5/9/00 - Newsflash posting from "DR EXPERT" - "The North Dakota Board of Podiatric Medicine Action against Dr. Brian Gale is just wrong"
4/28/00 - Response to Court Decision by Podiatry Online & by Brian Gale
4/27/00 - Tami Gale's Letter to Governor's Office
4/15/2000 - North Dakota Attorney General Heidi Hietkamp accepts 500 letters from patients of Dr. Gale's
4/13/2000 - Dr Gale and Governor Schafer Meet - See Report from Meeting

APMA Inquiry

6/19/00 - Newsflash Podiatry ONLINE - APMA Board of Inquiry/Purpose
APMA Inquiry Notice
NEWS BLAST from APMA
10/1/00 -  An Appeal for Justice

Medical Politics - SHAM PEER REVIEW 

THE CENTER FOR PEER REVIEW JUSTICE - a Brand new organization for both the victims of sham peer review as well as their legal counsel
A PEER REVIEW WIN!!!
AMA Policies Regarding Due Process
Annelle Blanchard, MD, Peer Reviewed To Death !! 
Due Process or Professional Assassination?
Dr Mc Cord writes on Board Complaints
Dr Waite, founder of Semmelweis Society speaks on Medical RICO
Semmelweis Society - Opposing Fraudulent Physician Peer Review
ABUSE OF PEER REVIEW IS WIDESPREAD
The Semmelweis Society Meeting - Sham Peer Review
Tales of bad faith or "sham" peer review
How To Destroy You Competitor
The Smoking Gun...
Other victims of  "there is something fundamentally wrong...
Andy Wolfe, DPM - Podiatric Good Samaritan

Bismarck Tribune Articles

6/1/2001 - Bismarck Tribune Article - Podiatrist's case against medical board reaches ND Supreme Court
4/17/01 - Letters to the Editor - Wrong Medicine and Headhunting  
3/21/01 - Bismarck Tribune Article - Bill would allow podiatric board to borrow from bank
11/16/00 - Bismarck Tribune Article - Board votes on more complaints against podiatrist
11/15/00 - Bismarck Tribune Article - License restrictions against Gale lifted

6/28/00 - Bismarck Tribune Article - Podiatrist Named To Podiatric Board 

6/27/00 - Bismarck Tribune Article -  Podiatrist Will Not Seek Another Term On Board  

6/6/00 - Bismarck Tribune Article, "Gale's Fight is Going National"  - Read Full article here

5/4/00 - Letter to Editor of Bismarck Tribune - Harassment of Dr Gale

4/27/00 - Bismarck Tribune, "Court Denies Stay for Doctor " - Read Full article here

4/16/00 - Bismarck Tribune, "Podiatrist says He's Target of Board " - Read Full article here

4/11/00 - Bismarck Tribune, "Podiatrist seeks stay on action against him" - Read Full article here


What Can You Do to Help?

The Podiatry Forum  (for Students and Doctors) 
                           includes an enormous amount of BG letters of support.

Podiatry Online Central

For Late Breaking News Alerts  follow this link & hit SEND button

North Dakota Links

Links to Freedom of Speech Sites - Blue Ribbon Campaign


Dakota Foot & Ankle Clinic Website

About Brian Gale


Podiatry Online NetForum (Clinical Issues) - Brian Gale, Editor

Specialty Survey on Expectations  VS Reality in Practice of Podiatry

The COMPENDIUM of Practice Management for the New Doctor

Issues in Podiatry - SLC - Student Loan Crisis -  
  10/10 article on Conquering Student Loan Debt; 10/22 Skinflint Philosophy

Positive Solutions for Podiatry


CYBER Meeting of Brian Gale Defense Fund Members

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