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Thursday, November 16, 2000

Board votes on more
complaints against
podiatrist

JEFF HANSEL,  Bismarck Tribune

Two days after surgical restrictions were lifted from the
license of Dr. Brian Gale, a Bismarck podiatrist, the North
Dakota Board of Podiatric Medicine voted in a special
meeting to proceed with an investigation into four of six
additional complaints. 

"It is my recommendation that you authorize going forward
with formal complaints (from four of the filings)," the
board's lawyer, Gary Thune, said Wednesday before a
unanimous vote was taken. Not present during the vote
was Dr. Aaron Olson, another Bismarck podiatrist with
whom Gale has been at odds for years. 

Gale's license to provide medical services for feet and
ankles was revoked in February after other complaints
were reviewed, but the board suspended the revocation in
favor of a five-year probationary period, including
additional training. Gale appealed the decision and, in
court documents, charged that the discipline was an
attempt to run him out of town. 

On Monday, surgical restrictions were lifted from Gale's
license and both St. Alexius Medical Center and
Medcenter One were notified that he again has surgical
privileges. But Wednesday, the board took up the new
complaints and gave Gale until Dec. 1 to provide evidence
that the board should not consider them. If the board does
consider the complaints, it could make informal
recommendations, require additional training, censure him,
take away his license or do nothing. 

During the meeting, Gale's attorney, Jim Norris, brought
up several concerns. He said Gale and his attorneys were
not given reasonable notice because they didn't learn the
meeting would take place until Monday. 

"We were denied that right, I believe," he said. "We are
also concerned that the hearing today was set up to
coincide with the return of (Dr. Gale's) medical or surgical
privileges. We think it was done intentionally to take away
from the good news that Dr. Gale (had his privileges
returned)." 

Norris said Gale's medical practice has been negatively
affected by media coverage of his case and the meeting
was set up to influence news coverage. 

But Thune told Norris that the board was unaware Gale
had completed his training until the last several days, and
that the special meeting held Wednesday was scheduled
the last week in October. 

"I believe it's reasonable to provide that notice on Monday
of the week of the hearing," Thune said. "We are not
seeking publicity on this. We are not seeking publicity on
any of these (complaints)." 

After the meeting, Thune said he is frustrated because legal
costs related to the Gale case have mounted, and he is
seeking an opinion as to whether the board is covered by
risk management to cover the fees. He said the board
cannot afford more court hearings, but it cannot avoid
taking action when the complaints are coming from
patients, all of whom deserve protection. 

Thune said he will consider Gale's response to the charges
at another special meeting of the Podiatric Board, which
will likely occur between Dec.1 and 20.

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