Podiatrist seeks stay on action against him

JEFF HANSEL, Bismarck Tribune

District Judge Burt Riskedahl will issue a ruling within the next two to three weeks on whether to grant Dr. Brian Gale, a Bismarck podiatrist, a stay of a disciplinary decision against him by the North Dakota Board of Podiatric Medicine, until his case goes to court.

Monday, Riskedahl heard oral arguments from Gale's attorney, James Norris, and the board's attorney, special assistant attorney general Gary Thune.

"I submit to the court that this is all competition-generated, in order to get rid of Dr. Gale," Norris said. He said the board ignored facts that show Gale may not have been responsible for the problems patients experienced.

Because Dr. Gale is highly trained and willing to try to help with difficult cases, Norris said, "that creates a competition problem for the physicians in Bismarck, in particular Dr. (Aaron) Olson." He said, "Three of the five cases are cases that Dr. Olson operated on and was not successful." Gale, he said, tried to help those patients after Olson failed to.

In addition, Norris said, "Our argument is clear. There are consents signed in each one of the five cases."

To Norris' argument, Thune replied, "It's been said, sometimes the best defense is a good offense." Gale's finger, Thune said, has been pointed at lots of people, including the board and the governor. At everyone, Thune said, but at himself.

"He would have the whole system turned on its head," Thune said. He argued that Gale was given a fair review by an independent podiatrist. That podiatrist's findings were thrown out after Gale complained they were based on his record keeping, rather than on patient care. Gale then agreed that the board members would review his case, Thune said. In both instances, court documents show, Gale agreed that the decision would be binding and non-appealable.

But Norris said the independent reviewer's findings weren't directly related to the facts of the case. And the board, he said, did not follow the agreement it made with Gale because the board either ignored or didn't review the record.

"There was nothing in any of the complaints (against doctor Gale) that would suggest that Dr. Gale is a hazard to the public," Norris said. The board, he said, "(didn't) point out what this danger is, or what Dr. Gale did that is a danger to the public as a whole."

Comment on this story to the Editor of the Bismarck Tribune