If you would like to download your own copy of the complaints, click on COMPLAINTS.
It is a pdf file - also known as Adobe Acrobat Format.
Note: These complaints were not received until after the January 2000 NDBPM meeting, also note the new treating physicians, the Bone & Joint Center and
by other members of the NDBPM. Two of the following complaints are from 8 years ago and one of them is from 6 years ago. It’s highly unusual for six complaints to be sent in over a very short period of time.|
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Mr. Gary Thune Dear Mr. Thune: I would like to file a complaint against Dr. Brian Gale. My concerns with Dr. Gale are that he was, and is not qualified to make proper decisions in a patient's welfare and was too eager to perform surgery on my foot without trying other means. He then proceeded to screw up during my surgery by fusing the joint in my toe for absolutely no reason! He has a lack of standards that he needs to properly treat the public and is a definite hazard to the public. I feel Dr. Gale is responsible for the problems I have with my right foot and also frequent problems with my hip and back. Since I now walk differently, the surgery I had has affected my back and hip. I originally went to Dr. Gale after stubbing my toe on my right foot on 7-4-92. Dr. Gale shortly thereafter recommended surgery. He said he would correct my limited motion of my big toe by realigning the joint and removing any fragments or spurs that I may have. He also said that was the only way to stop the pain and problems I was having. After surgery I was instructed how to do exercises for my big toe, bending it certain ways to increase mobility and to strengthen it. When I returned for my checkup I told him my toe would not bend at all. He said I must not be doing my exercises properly and that it was my fault the toe was not bending. I told him I was doing them exactly the way I was told and that it was very painful. He then recommended that I have (unnecessary) physical therapy so the toe would be able to bend. I did go to physical therapy several times and the therapist used ultrasound and pushed down as hard as he could on my toe, trying to make it bend. It was very, very painful and the therapy did not make my toe bend at the joint where it should. I kept complaining to Dr. Gale how painful it was and he kept saying that it would bend again if we kept forcing it to. I finally told him the therapy was too painful and was not working so I quit going. I had another Dr. look at my x-rays to see why it was still so painful, why it would not bend, and why my big toe was rigid and did not lay flat on the floor when I would stand on my foot. It sticks up in the air, pointing toward the ceiling!! I was then told it never would or could bend because Dr. Gale fused the joint together and positioned the toe so that it did not lay flat like it should. Instead, it points upward. This was done for absolutely NO REASON! I certainly would call this a botched case and malpractice! Because of this surgery, I cannot wear many of my different styles of shoes that I have. It remains very painful to walk on a hard surface floor or concrete floor barefoot. Most of the time I am in more pain now that I was before the surgery and have less mobility than I had before the surgery. Why did he position my toe the way he did and why did he fuse the joint??? Obviously, he didn't know what he was doing and didn't care how he hurt me. How many other patients has he hurt or will he hurt? I must live with this the rest of my life! Hopefully he will not be a surgeon for the rest of his life unless he receives further education. I do not want other patients to have to go through similar unnecessary treatment like this. You as a Board, and our legal system, need to protect the public against unnecessary situations and pain like this. We, the public, rely on you for protection. Please help! If you have any questions please call me. I believe my records should be at Dr. Olson's clinic.
I appreciate your taking time to listen to my concerns. I am very sorry
that I did not notify you before! Maybe I could have stopped him sooner
from harming so many other patients. I feel his actions were inappropriate
and he created this mess. He, himself, will have to clean it up. The only Sincerely, Karen K. Marter ============================================================================ February 18, 2000
Governor Edward T. Schafer Dear Governor Schafer, I received a letter from Dr. Brian Gale, (enclosed copy) asking me to write to you to consider changing board members on the ND Board of Podiatric Medicine. I don't think the issue is with the Board Members, the issue is the negligence of the Doctor. I had foot surgery in October of 98 by Doctor Gale. Because of a condition I had when I was 8 years old, called osteomyelitis, Dr. Gale said that I would have to be pumped full of antibiotics during the surgery and have to take antibiotics after the surgery. On the day I was released from the hospital I asked the nurse for the prescriptions knowing that I should be taking home some antibiotics. She went to the desk and came back with the prescription and I had it filled. When I got home I realized it was a prescription for pain killers not antibiotics, so I thought that I didn't need the antibiotics after all. I was now home staying off of my feet for 6 weeks. Well, to make a long story short, I did get an infection and I called and told his office about it. The next follow up visit he said you were suppose to be on antibiotics. I explained to him that I asked for them and all that was prescribed was pain killers. He then prescribed antibiotics for me after seeing the condition of my toes. Subsequently, months later the Dr. said "Oh you didn't need them anyway." Now, he was contradicting himself. I also believe that Dr. Gale took the pin out of that toe too soon, and that, along with the infection caused my toe to be permanently disfigured. Also, I had one toe that needed surgery but Dr. Gale talked me into having surgery on 4 toes. He stated that eventually I could have potential problems with the 3 other toes. It's funny that the toe that now gives me the most pain is one of the toes he talked me into having surgery on. I live with a considerable amount of pain every day. I do not believe that you need to replace board members because of Dr. Gale. If you have to do it because of Century Code that is a different matter. I think Dr. Gale was negligent in my surgery and follow up care.......If you would like more information I would gladly send you more. From what I have read I have not been the only on that has suffered from negligent care from Dr. Gale. I will also be sending a copy of this letter to the ND Board of Podiatric Medicine. Sincerely,
Peggy Mehlhoff To whom it may concern: This letter is in reference to my concern in relation to the healing process of a surgery that I had performed by Dr. Brian Gale on November 30th, 1998. I had Dr. Gale perform a surgery to correct a problem with the heel on my left foot. I had a condition known as a pump-bump and the surgery involved cutting back of the heel bone and re-attaching of the Achilles tendon. My impression of the surgery led me to believe that I would within a year of the surgery, once again be able to do the normal activities I was used to doing prior to the surgery. I was off work for 14 weeks and then went back to work on a part-time basis for another few weeks before I could even tolerate making it through the normal 8-hour work day. I have endured far too much pain and discomfort in that foot. Because of the surgery I firmly believe that I now have pain also in my ankle and my left knee because of the favoring I tend to do on those areas to take some pain off of my heel that I had surgery performed on. I also have lost a great deal of mobility in the ankle, heel and the foot in general and once again I feel 14 months is more than adequate for a foot to heal from this type of surgery. Please contact Dr. Gale's office and review my records and my x-rays and after giving them your appraisal, let me know of your opinion. I would appreciate it very much. Sincerely, Mr. James Allmer |