His office accepts new patients. from the University of Texas Southwestern Medical Center at Dallas. 24 Jun . A medical malpractice suit may be legally filed against a medical professional who has caused an injury or death due to insufficient levels of care. It can be a patient's family member; it can be another doctor," he says. We do so, and only discuss the claims against Dr. Rafael to place the remaining issues in context. We view Dr. Stern's opinions as to the post-procedure care in a somewhat different light. We review a trial court's decision to strike an expert for an abuse of discretion. 2006). The MLIA has a specific provision allowing for the dismissal of a claim when an expert is struck at the outset of the litigation. First, she contends that the trial court erred in granting a motion to dismiss, as there is no statutory or rule-based authority for granting a motion to dismiss (as distinct from, say, a motion for summary judgment as Dr. Rafael filed). His specialties include Plastic Surgery. It was not for shock nor sympathy, rather in the hope that you could understand the impact of what you have done. 2009;467(2):339347. He graduated from University Of Texas Medical School At Houston with his medical degree in 1984. Do they use stitches or glue? Every other feature I have, from my hair to my toes, has been complemented, but never ever my nose before. 1960)(failure to advise trial court of error in interest charged in judgment waived any error). The problem, she says, is that so far the alternative therapies such as ivermectin and hydroxychloroquine have not been proven effective against COVID-19. The doctor was currently practicing medicine, but the question was whether he was currently rendering the particular medical service at issue. Q. TEX.CIV.PRAC.& REM.CODE ANN. Another named defendant, American Institute for Plastic Surgery, was non-suited with prejudice in September 2013. Peter Raphael is a provider established in Plano, Texas and his medical specialization is Plastic Surgery. And in Item No 1 you're critical of Dr. Harris for performing surgery on Ms. Johnson given her, what you perceived to be, anemia -. Neither Dr. Harris nor Dr. Rafael challenged the qualifying medical report at the outset of the litigation. Dr. Peter Driscoll, who worked at My Goals Solutions in Ridgefield from August 2021 to June 2022, allegedly solicited sexual favors from . The trial court granted both doctors' objections to Dr. Stern's testimony, and dismissed the case as to both defendant doctors. Dr. Stern believes the elective procedures should have been postponed until the anemia was addressed. If the trial court excluded Dr. Stern's general opinions on post-procedure follow up because he had not done this particular procedure in some time, it would have erred in doing so. Although the case was close, the trial court had not acted without reference to the guiding rules. That motion was separately granted and Johnson does not contest that order on appeal. The International Center for Transgender Care is located inside and part of The American Institute for Plastic Surgery in Plano, TX. I left there feeling like I was a part of their family and can not see myself going anywhere else for this procedure.. Dr. Rafael responded to that claim attaching proof of electronic and facsimile delivery of the motion and the setting. du Pont de Nemours and Co., Inc. v. Robinson, 923 S.W.2d 549, 558 (Tex. Any surgical patient is subject to infection, and any surgeon is tasked with monitoring the patient after surgery to detect signs of infection or other complications. Nowhere in this item or this paragraph do you say that her anemia proximately caused her ultimate injuries in this case? A talented and caring plastic surgeon serving Dallas and surrounding communities, Dr. Antonetti utilizes options such as breast augmentation, tummy tuck, and liposuction to refine specific figure concerns. Dr. Peter Raphael specializes in plastic and reconstructive surgery in Plano, TX and has over 38 years of experience in the field of medicine. It may mean that the healthcare provider has a clean record, or it may be that an infraction has been removed. See Lochner v. New York, 198 U.S. 45, 76, 25 S.Ct. Conversely, Dr. Harris emphasizes Larson's language that [c]lose calls must go to the trial court. Id. from the University of Texas Southwestern Medical Center at Dallas. He graduated from University Of Texas Southwestern Medical Center At Dallas in 1984 and specializes in cosmetic, plastic & reconstructive surgery. Among the most prominent promoters of this brand of false information is former Trump strategist Steve Bannon, who regularly interviews a small, rotating cast of these physicians on his talk show. While Dr. Stern disagreed with Dr. Rafael in that regard, Dr. Stern never testified to what an earlier culture would have shown, or how it would have specifically changed the outcome in this case. Based on Johnson's claim that she was not informed that the free nipple graft technique would forever prevent her from breastfeeding, Dr. Stern faults Dr. Harris for not disclosing this known and certain side-effect of the free nipple graft procedure. The Texas Supreme Court focused on the MLIA's requirement that a standard of care expert must at the time the claim arose, or at the time the testimony is given [be] actively practicing medicine in rendering medical care services relevant to the claim. Id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. What happens if I file a malpractice report? He received his medical degree (M.D.) A malpractice attorney can advise you if a malpractice claim is actionable and assist you with filing a report with the state medical board. Skip to main content. Because Dr. Harris was out of town for several days thereafter, Dr. Rafael saw Johnson on the ninth day post-procedure (the April 8th visit). From the moment I walked into your beautiful office or staff treated me with the utmost respect and kindness, which instantly made the atmosphere relaxing. 924 S.W.2d 148, 152-153 (Tex. The 5th did not sound -- it sounded like something was developing, but it did not sound that it was as serious as what it was three days later. You have such a pretty nose. I was floored. from the University of Texas Southwestern Medical Center at Dallas. But the expert last performed the particular orbital repair some fifteen years prior to his deposition, and eleven years before the alleged act of physician negligence. ", The Federation of State Medical Boards issued a statement in late July warning that "Physicians who generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards, including the suspension or revocation of their medical license.". To do a background medical search: Remember that there may be more than one healthcare provider with the same name, so cross-reference whatever information you find. TX State Medical License. Dr. Peter Dunphy will be permitted to . At the risk of seeming effusively sentimental, I wanted to once again extend my gratitude. The Minnesota Board of Medical Practice reinstated a conditional medical license for a longtime lakes area doctor after it was suspended in May 2020 over . In this regard, Dr. Harris challenged Dr. Stern's qualifications based on when Dr. Stern last performed the procedure. But there was one thing she said that was at least partially true: "I am an emergency physician.". 5, 336 S.W.2d 609, 610 (Tex. "People assume that licensing boards are on the lookout, they're on the internet," says Dr. Humayun Chaudhry, president of the Federation of State Medical Boards. That admission falls a bit short of disqualifying Dr. Stern from possessing relevant knowledge about the cause and treatment of infections. It can take a week because we're so swamped. And it's not just happening via social media: Doctors who discourage vaccination have found regular spots on conservative radio and TV talk shows and on cable networks. 1987)(failure to complain about how damages were apportioned in judgment waived complaint); West Tex. h. (mem. Suggest edits BIRDEYE FOR BUSINESSES Johnson claimed she received neither a copy of the pleading itself, nor notice of the hearing on the motion. The focus is on whether the expert has the knowledge, skill, experience, training, or education regarding the specific issue before the court which qualifies the expert to give an opinion on that very subject. "Don't text me when you've gotten a positive test; I don't want to hear it," she said to the gathering. But nor does the rule mandate that only a neurologist would be so qualified. But it is clear from his testimony that the time for additional steps was at the next visit, which was handled by Dr. Rafael: Q. NPR looked at medical licenses for 16 doctors, including Gold, who have proven track records of doing so online and in media interviews. )(not designated for publication). For example, some rating websites may indicate that a surgeon is "successful." His extensive surgical training has afforded him the ability to diagnose and treat a broad range of both cosmetic and reconstructive procedures. She has written several books about patient advocacy and how to best navigate the healthcare system. The record established such an overlap here, as Dr. Stern testified that surgeons will at times treat post-surgical infections themselves, without the assistance of an infectious disease specialist. Following his education, and exceptional training, Dr. Peter Raphael entered into a private practice in Plano, Texas, specializing in Plastic and Reconstructive Surgery. The plaintiff's expert, like Dr. Stern here, was currently licensed to practice medicine and was board certified in the relevant field. 5. So, why hasn't more punitive action already been taken? All rights reserved. Dr. Stern primarily faulted Dr. Raphael for not obtaining a proper fluid culture on the April 8th visit, and failing to hospitalize Johnson at that time. Dr. Peter Raphael, MD is a health care provider primarily located in Plano, TX. Further, at the hearing challenging Dr. Stern, Johnson as the party offering his testimony carried the burden to prove he met the requirements of Rule 702. These boards, with an eye toward medical malpractice, usually respond only to complaints against individual physicians. The NPI number of this provider is 1740441799 and was assigned on June 2008. dr peter raphael license suspendedexamples of counterculture and subculture. The trial court could have concluded that the expert's knowledge and experience were simply too far removed. 2006)(defendant similarly filing contemporaneous motion for summary judgment and motion to strike). Don't hesitate to ask a healthcare provider about a malpractice suit or other action you may find. At one point he agreed that he could not state that there was an infection by the time of that visit (or even any necrotic tissue). Dr. Stern trained under another physician who published and lectured on the free nipple graft technique, but that training was in the 1970's. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The same may apply to a malpractice suit. This statement falls short of that needed to support causation. He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. The report was authored by Dr. Herbert D. Stern. Already have an account? He is internationally known for his techniques in transgender surgery. All right. N Engl J Med. )(trial court did not abuse discretion in finding that OBGYN board certified doctor had expertise to testify to standard of care for handling of miscarriage by emergency room physician). Our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Oak Street Health . We are directed not to disturb the trial court's decision absent a clear abuse of that discretion. They treated me in such a friendly manner and really took the time to access my individual needs. Peter Raphael is a primary care provider established in Westerville, Ohio and his medical specialization is Family Medicine with more than 17 years of experience. Trisha Torrey is a patient empowerment and advocacy consultant. Thank you so much. I mean, even the little laser eye surgery. This case was transferred to us from the Fifth Court of Appeals pursuant to the Texas Supreme Court's docket equalization efforts. The trial court heard the motion to dismiss twenty-five days prior to trial. op. The International Center for Transgender Care, Copyright 2023 The International Center for Transgender Care | SEO and Design by. Johnson emphasizes Larson's language that reviewing courts must be careful not to draw expert qualifications too narrowly. This particular breast reduction was rarer still. 5601. denied). Fax +1 972-543-2499. Dr. Harris counseled Johnson on having the procedure, and he was the doctor who performed it. Last month, Dr. Simone Gold stood before a crowd at a conservative church in Thousand Oaks, Calif., and delivered a talk riddled with misinformation. I wanted to take a moment to write a letter of appreciation for taking great care of me with my recent procedure. Individual states have licensing boards made up of a mix of doctors, lawyers and private citizens. See RSL Funding, LLC v. Pippins, 499 S.W.3d 423 (Tex. Q. Before selecting a doctor, you may want to make sure that they haven't been disciplined in the past by their medical board for unsafe behavior. W.C. LaRock, D.C., P.C. Dr. Harris spends considerable time in his briefing arguing that the challenge to Dr. Stern also included the reliability of his opinions, and because Johnson has not addressed that issue on appeal, she has failed to challenge all possible grounds for upholding the trial court's order-- generally a fatal error for appellants. "We would like there to be some easy answer out there, some medication that's been around forever that we could just take from home," says Sonja Rasmussen, a pediatrician and epidemiologist at the University of Florida in Gainesville. )(Simply stated, complaints on appeal must have been presented to the trial court.). When searching for a healthcare provider, you may want to see if they have ever received any complaints or have had any malpractice suits filed against them. Peter G. Drewes, M.D. Plastic Surgery in Plano, TX. Dr. Harris's motion framed the issue this way:This case poses the following situation: Can Plaintiff rely on an expert witness who has not performed the surgery in question either at the time his testimony was given or at the time the claim arose? Tanyee Johnson filed a medical malpractice suit against Dr. Scott Harris and Dr. Peter Rafael (and his associated professional association) over complications from a breast reduction surgery.1 The case proceeded through discovery and was near its trial date when the defendant doctors challenged the qualifications of Dr. Herbert D. Stern, who was the only liability expert Johnson designated to testify at trial. Ratings Overview 4.2 28 Ratings with 17 Comments Write a Review Wait time 13 minutes 4.3 Easy Appointment 4.0 But there might have been, you know, some reason for concern. 05-12-01380-CV, 2013 WL 2641313, at *3 (Tex.App.--Dallas 2013, no pet.)(mem.op. 2016)(failure to challenge all basis for order below resulted in affirmance). Then they went in for the kill. A medical malpractice plaintiff must file a qualifying medical report within 120 days of the health care provider's answer. hide caption. How Do I Make a Qualified Judgment When Selecting a Doctor? Please try again. He is affiliated with Medical City Plano. Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. The jury can decide whether or not she was truly anemic. at 74.351(b)(2). Parties often defend their challenged experts through supplemental affidavits addressing the specific challenges being advanced, or having the experts testify live at the hearing. Dr. Stern testified that there are two distinct types of breast reduction procedures--those where the nipple complex is left attached to the pedicle during the procedure and the free nipple graft technique where the nipple complex is completely removed and then reattached. You could have knocked me over with a fondue fork. The doctor himself never testified that his knowledge of the procedure was up to date. Medical knowledge sometimes overlaps different specialty areas, and the relevant inquiry is whether the subject of inquiry is common to and equally recognized and developed in both fields. AMERICAN INSTITUTE FOR PLASTIC SURGERY - 20 Photos & 31 Reviews - 6020 W Plano Pkwy, Plano, TX - Yelp Restaurants Home Services Auto Services More American Institute for Plastic Surgery 32 reviews Unclaimed Plastic Surgeons Edit Closed 9:00 AM - 5:00 PM See hours Write a review Add photo Photos & videos See all 20 photos Add photo Dr. Stern did testify to the obvious proposition that the earlier the diagnoses and treatment of an infection, the better the possible outcome. Once again, throughout advanced medical training, he conducted basic research, this time in the behavioral neuroscience of motivated behavior. Thank you for truly making my experience positively memorable. TANYEE MONIQUE JOHNSON v. DR SCOTT HARRIS DR PETER RAPHAEL AND PETER RAPHAEL PA. Well, I -- as some of those articles that I provided, there apparently is a relationship between preoperative anemia and subsequent development of infection. I so appreciate the fact that you listened to me and understood my concerns. The trial court in Larson struck the expert and the court of appeals reversed that decision. Dr. Peter Raphael, MD Board Certified Plastic Surgeon 31 Years Experience 6020 W. Plano Pkwy., Plano, TX 4.8 41 reviews Connect with Dr. Raphael Get a free consultation Pricing Website Phone: (972) 382-6911 Total years in practice: 31 - Consultation Fee: Free. That visit was documented by a nursing note stating that Johnson had a purulent drainage from her right nipple. The MLIA has other provisions dealing with expert qualifications which we discuss in more detail below. I was shown the utmost respect by every single person starting with Angela who guided the paperwork and credit card process over the phone to the receptionist, nurses, on-call nurses, and of course Dr. Raphael. Dr. Stern was certainly qualified in the general area of plastic surgery. The question parallels the facts in Keo v. Vu, 76 S.W.3d 725 (Tex.App.-- Houston [1st Dist.] 7. Dr. Peter McCullough was banned by Twitter. The trial court thus had no way of knowing if Dr. Stern verified through medical literature that his last experience with the free nipple graft procedure was still relevant as of the time of Johnson's procedure. In a similar situation, a trial court that had stricken a necessary expert on the eve of trial entered a directed verdict the day before trial was set to begin, apparently with acquiescence of the plaintiff, so that the issue could proceed to the court of appeals without the parties wasting additional resources. As an alternative, she pushed drugs that have not been proven effective at treating COVID-19 drugs that she also offered to prescribe to the audience in exchange for $90 telehealth appointments. In some cases, you may need to speak with someone on the phone if you can't find the answers online. To search for this information, you can use specific keywords, as well as certain reputable websites. During these post-procedure visits, the medical records document evolving post-procedure complications. Dr. Harris already had Johnson on a broad spectrum antibiotic, Keflex, and he prescribed her additional Keflex on that visit. Dozens more women came forward with allegations of sexual misconduct . Dr. Rafael on the April 8th visit changed the oral antibiotic, administered an injection of another broad-spectrum antibiotic, and ordered blood work. What type of stitches are used? We follow the precedents of that court to the extent they might conflict with our own. A party presenting a complaint to an appellate court must show that the complaint was made to the trial court by a timely request, objection, or motion. TEX.R.APP.P. He is affiliated with Cleveland Clinic. We are the destination of choice for surgical and non-surgical services for the transgender community. Family Medicine. Dr. Peter Raphael, MD is a board certified plastic surgeon in Plano, Texas. I wanted to take a moment to thank you for the work that you do. The success rate? Id. Simone Gold's board certification in emergency medicine (listed under her maiden name of Tizes) expired in December of last year, but she still has a license to practice medicine. at 732-33. Is Your Healthcare Provider Bullying You During Appointments? No evidence was admitted at the hearing. At the deposition, the doctor produced several medical texts and journal arguments, but these were not made a part of the record, nor were most referenced by complete citation. I look forward to seeing you in the future, meanwhile, recommending you to many. You have consistently delivered an amazing level of care, beginning with the consult, through surgery, including a very quickly returned message for a nurse today. In January, Dr. Meryl Nass had her medical license suspended in the U.S. by Maine's Board of Licensure in Medicine (MBLM) for treating her COVID-19 patients with off-label medications that. 73.001 (West 2013). However, filing a report does not mean you will get a response, particularly if the board determines there is no evidence of negligence. -- or anemic status? ); Linan v. Rosales, 155 S.W.3d 298, 302 (Tex.App.--El Paso 2004, pet. Visit RateMDs for Dr. Raphael reviews, contact info, practice history, affiliated hospitals & more. 4. At best, Dr. Stern's testimony conflicted as to whether there was infection by that time. If there is evidence of malpractice, you may be contacted by the insurance company about a settlement. 74.351(a). Dr. Peter Raphael is licensed to practice by the state board in Texas (G8361). You really are a wizard. 1965); see also Chester, 228 S.W.3d at 912-13; Chavira v. Darden, No. 1998). Even at that, Dr. Rafael contended that there was no fluid available to be drawn for culturing. After filing suit, Johnson timely filed a qualifying exert report as required by Section 74.351(a) of the Texas Medical Liability Act (TMLA). Dr. Dulin is board certified in plastic and cosmetic surgery by the American Board of Plastic Surgery. Hosp., Inc., 836 S.W.2d 791, 794-95 (Tex.App.--El Paso 1992, writ denied) (doctor's testimony that treatment might have saved patient was not probative evidence of proximate cause). TEX.CIV.PRAC.&REM.CODE ANN. Presently, Dr. Stern performs two to three plastic surgeries a week. Chaudhry thinks many licensing boards may already be conducting additional confidential investigations against doctors promoting misinformation. He graduated from ROSS UNIVERSITY / SCHOOL OF MEDICINE & VETERINARY MEDICINE in 2006. Claim your profile (216) 444-2273 . 8 spiritual secrets for multiplying your money. The uniqueness of this procedure places this case in the class of cases requiring expert testimony. In May, the Oregon Medical Board suspended the license of a doctor for encouraging patients to go unmasked, and Hawaii's medical board is pursuing a complaint against a state health official and a . Featured Providers Near You . Gage Skidmore 3. Dr. Peter Raphael, MD is a family medicine specialist in Cleveland, OH. Each procedure likely differs in how rapidly medical standards are evolving. In this regard, the peculiarities of the free nipple graft procedure are less relevant. While found information may be helpful, keep in mind that it may not accurately or fully reflect the healthcare provider's skills or the circumstances around the complaint or lawsuit. peter w busch why is it important to serve your family dr peter raphael license suspended. WAS DISMISSAL A PROPER PROCEDURAL OPTION? How to File a Complaint About Your Healthcare Provider. Chaudhry says there have been some recent cases where disciplinary action has moved forward. Dr. Simone Gold discourages vaccination against COVID-19 and promotes alternative, unproven therapies. You make also want to make sure that they haven't had any malpractice suits filed against them. dr peter raphael license suspendedsigns he still loves his baby mama | In total, Dr. Stern has completed about two dozen free nipple graft breast reduction cases in his thirty-year career. The practitioner's primary taxonomy code is 207Q00000X with license number 57012589 (OH). "There are outliers out there who are preaching nonsense," says Dr. Kendall McKenzie, the chair of the department of emergency medicine at the University of Mississippi Medical Center in Jackson. For the reasons noted below, we affirm. 702 (the expert must be qualified by knowledge, skill, experience, training, or education.). A. If an objection under Section 74.351(a) is filed, and is found to be meritorious, by express wording of the statute the trial court shall dismiss the suit. That was the strategy taken by Dr. Rafael. Verywell Health's content is for informational and educational purposes only. The rule makes sense here because had Johnson complained below about how the trial court disposed of the suit, Dr. Harris had an opportunity to cure the problem. Stated otherwise, we must determine whether Johnson has carried her burden to show her expert was qualified when his knowledge of the relevant medical standard of care was claimed to be stale. He received his medical degree (M.D.) Rather, the test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles. Id. But the last free nipple graft case he performed was about seven years before his deposition was taken, and thus about four years prior to the time of Johnson's procedure. There, the plaintiff sued a plastic surgeon over a nose implant that later needed to be surgically re-visited, and then became infected. Hart v. Van Zandt, 399 S.W.2d 791, 797-98 (Tex. Unless the matter at issue was within lay knowledge, some expert testimony was essential to Johnson's case on the standard of care and causation. Testimony about possibilities would not have supported a verdict. But given the testimony that he's already given and some of the scientific research and documents that I've reviewed, it seems that the way that surgery is being done, is essentially -- and I don't want to -- I'm sure there are all small changes, but it's essentially the same as it has been for a while. These lawsuits may be filed against an individual or an institution, such as a hospital. From another portion of his testimony, he believed there was some cause for concern based on the purulent drainage from the site. Dr. Harris took too much breast tissue in the procedure (attempting to get to a B cup size from a DDDD) such that the skin flap was too thin and therefore more susceptible to necrosis and later infection. Books about patient advocacy and how to best navigate the healthcare system judgment complaint... Larson 's language that [ c ] lose calls must go to the trial court granted both doctors objections... Care is located inside and part of the American board of plastic Surgery on visit... Whether there was infection by that time, was currently practicing medicine but... 558 ( Tex other provisions dealing with expert qualifications which we discuss in more detail below the dismissal of claim... You say that her anemia proximately caused her ultimate injuries in this regard, Dr. Rafael contended there! 2013, no pet. ) me over with a fondue fork dr peter raphael license suspended to Texas... Have done possessing relevant knowledge about the cause and treatment of infections to write letter. 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