The jury can decide whether or not she was truly anemic. In a later deposition, Dr. Stern added a fifth criticism: 5. But there was one thing she said that was at least partially true: "I am an emergency physician.". After the hearing, at which no evidence was offered, the trial court struck Dr. Stern's opinions and granted Dr. Rafael's motion for summary judgment, and Dr. Harris' motion to dismiss. 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. Upon completing a background search, don't be disappointed if you end up with little information. Imran Ahmed, chief executive of the Center for Countering Digital Hate, which tracks vaccine misinformation online, says that even though the number of doctors involved in spreading this sort of bad information is tiny, they're having an outsized influence. Id. 44.1(a)(1). "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. While you may be able to see some ratings or disciplinary information on a healthcare rating website, it may not be complete or current. The case was set for trial on March 2, 2015. One appeared to have let his license expire, but there was no suggestion in his record that it was because of any disciplinary action. Following his training, Dr. Raphael accepted a Fellowship in Plastic Surgery at the University of Illinois/Cook County Hospital, in Chicago, Illinois. Featured Providers Near You . He was previously board certified in surgery, but allowed that certification to lapse. You are a very caring and special man, an extraordinarily skilled surgeon and an example of a true wonderful compassionate human being. 3. The question parallels the facts in Keo v. Vu, 76 S.W.3d 725 (Tex.App.-- Houston [1st Dist.] Finding out if your healthcare provider has ever received any complaints may be a bit tricky. Breast augmentation procedures are relatively common, but breast reductions are somewhat less so. ", In the absence of oversight, doctors such as Gold have been able to spread misinformation with impunity. I mean, even the little laser eye surgery. The community is fortunate to have you as a resource. There, the plaintiff sued a plastic surgeon over a nose implant that later needed to be surgically re-visited, and then became infected. See TEX.R.APP.P. His extensive surgical training has afforded him the ability to diagnose and treat a broad range of both cosmetic and reconstructive procedures. Trisha Torrey is a patient empowerment and advocacy consultant. An expert in this or any kind of case must meet the basic qualification requirements found in TEX.R.EVID. TEX.R.APP.P. 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). For the same reasons, Johnson proved that Dr. Stern was qualified in the area of post-surgical follow up of a patient having a breast procedure. But Johnson's objection was not that the trial court lacked the authority to dismiss the suit. Other doctors working in those places are understandably frustrated. 539, 547, 49 L.Ed. He then completed a residency in Psychiatry at The Payne Whitney Clinics, The New York-Presbyterian Hospital/Cornell Medical Center in New York City. Ahmed says that having a medical degree may also be helping these doctors skirt social media bans on coronavirus misinformation. TX State Medical License. Dr. Peter Raphael, MD. The court shall conduct a hearing to determine whether the witness is qualified as soon as practicable after the filing of an objection and, if possible, before trial. Id. Such an expert must meet the criteria in Section 74.401 which requires the witness to be: (1) practicing medicine at the time such testimony is given, or at the time the claim arose; (2) have knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and (3) be qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of medical care. Id. 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. Thank you Dr. R., I could not have done this without your help. A medical malpractice plaintiff must file a qualifying medical report within 120 days of the health care provider's answer. He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. 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. valleywomenshealth2 2021-05-28T14:13:48+00:00. We do so, and only discuss the claims against Dr. Rafael to place the remaining issues in context. 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. 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. We think the general answer to that question is no, but because Johnson did not complain about the procedural vehicle used below, the objection is waived. The plaintiff designated an ear and throat surgeon who had performed the procedure in the far past, and who presently performed a variety of surgeries on the head and neck. A. Yeah, I mean, there was some indication, but -- again, based on the nurse's note about some drainage, but it's all very sketchy and you can't -- I mean, you can't form an opinion based on what you see on the chart. I wanted to take a moment to write a letter of appreciation for taking great care of me with my recent procedure. Gage Skidmore at 74.401(a)(1)(2)(3). Following his education, and exceptional training, Dr. Peter Raphael entered into a private practice in Plano, Texas, specializing in Plastic and Reconstructive Surgery. Dr. Stern trained under another physician who published and lectured on the free nipple graft technique, but that training was in the 1970's. Dr. Drewes is a graduate of the University of Utah School of Medicine, and completed his residency with David Grant Medical Center at Travis AFB, CA. "What it's doing is filling up my emergency department with intubated patients and ultimately leading to deaths," he says. Rather he termed it a contributing factor that may have contributed or interfered with the patient's ability to respond to it. Dr. Stern never testified that in reasonable medical probability she suffered any distinct injury from this compromised condition. Dr. Stern did testify to the obvious proposition that the earlier the diagnoses and treatment of an infection, the better the possible outcome. In determining whether a witness is qualified on the basis of training or experience, the trial court must consider whether, at the time the claim arose or when the witness testifies, whether the expert is: (1) board certified or has other substantial training or experience in an area of medical practice relevant to the claim; and (2) is actively practicing medicine in rendering medical care services relevant to the claim. Id. The procedure here was elective, and the only harm in delaying the procedure might have been additional neck, shoulder and back pain. Dr. Alfred Antonetti is on staff at Medical City Dallas Hospital and Methodists Medical Center. 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. Now, some organizations affiliated with medical licensing are encouraging action. This case was transferred to us from the Fifth Court of Appeals pursuant to the Texas Supreme Court's docket equalization efforts. We conclude that the trial court did not abuse its discretion in finding Dr. Stern unqualified to express some of the opinions that he did, or for those he could have expressed, the excluded opinions did not establish a viable claim (and thus any error in excluding it was harmless). No issue is raised as to service of Dr. Rafael's summary judgment on appeal and Johnson's request for relief in her reply brief asks that we affirm the summary judgment as to Dr. Rafael and his entity. Office. Malpractice risk according to physician specialty. kill the process running on port 1717 sfdx. Dr. Scott W. Harris was born and raised in Dallas, Texas. 2003)(pediatrician in that case was qualified to testify to cause and effect of neurological injuries); In re Commitment of Bohannan, 388 S.W.3d at 307 (reversing trial court's exclusion of counselor who was offered to testify about future dangerousness only because witness was not a licensed psychologist or medical doctor). Then they went in for the kill. 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). Oak Street Health . 2006)(defendant similarly filing contemporaneous motion for summary judgment and motion to strike). The conference was aimed at young people ages 15 to 25. Contact us. 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. 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 . The trial court had before it only the written report and deposition of Dr. Stern. doi:10.1056/NEJMsa1012370. Larson v. Downing, 197 S.W.3d 303, 305 (Tex. Because so much breast tissue needed be removed, the appropriate procedure involved a free nipple graft, which means the nipple and areola are completely cut away, and once breast tissue is removed, the nipple and areola are then grafted back onto the remaining breast. Q. We review a trial court's decision to strike an expert for an abuse of discretion. 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. He also saw Johnson six days post-surgery (the April 5th visit). You make also want to make sure that they haven't had any malpractice suits filed against them. About DR. PETER RAPHAEL MD. No evidence was admitted at the hearing. )(Perhaps, possibly, can, and could indicate mere conjecture, speculation or possibility rather than qualified opinions based on reasonable medical probability.); Campos v. Ysleta Gen. He graduated from UNIVERSITY OF TEXAS AT DALLAS in 1984. 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). NPR looked at medical licenses for 16 doctors, including Gold, who have proven track records of doing so online and in media interviews. Additionally, Johnson made no attempt to show that the type of infection she actually had, based on the eventual cultures, was untreatable with Keflex, or that it would have been more treatable with an earlier round of some other antibiotic. Copyright 2023 American Institute for Plastic Surgery. He is affiliated with Medical City Plano. Several of Dr. Stern's criticisms distinctly turn on the standard of care for the free nipple graft procedure. Parties often defend their challenged experts through supplemental affidavits addressing the specific challenges being advanced, or having the experts testify live at the hearing. Youve made my 250 mile drive from Oklahoma worthwhile as you Dr. Raphael,certainly went the extra miles! 8. Dr. Harris simply filed an objection and motion to dismiss.2 Both motions were set for hearing on February 5, 2015, which would have been twenty-five days prior to the trial setting. The fact that others might be more qualified on infection issues does not negate Dr. Stern's own fund of knowledge on that topic. )(Simply stated, complaints on appeal must have been presented to the trial court.). 74.351(a). [JOHNSON'S COUNSEL]: Well, my understanding I -- I would say on the first -- as a threshold issue, I'm not the doctor himself, and I can only sort of guess as to how he would respond to that question. Thank you again. In her second and third issues, she challenges the trial court's decision to strike her expert under the expert qualification standard in the MLIA and TEX.R.EVID. What type of stitches are used? "I've told you ahead of time to get the medicines. 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. For the reasons noted below, we affirm. Claim your profile (216) 444-2273 . These boards, with an eye toward medical malpractice, usually respond only to complaints against individual physicians. Phone +1 972-543-2477. Thank you for truly making my experience positively memorable. How to Check a Doctor's Background and Credentials, How to Get Copies of Your Medical Records, How to Manage Type 2 Diabetes Hypoglycemia, Medicare Abuse: How to Recognize It, What to Do. Dr. Peter Dunphy will be permitted to . )(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). It is important that you contact every state medical licensing board where the healthcare provider has practiced, not just your own. from the University of Texas Southwestern Medical Center at Dallas. She understands the current diagnosis of Gender Dysphoria and differences among sexual identity, gender identity and gender expression. 702 (the expert must be qualified by knowledge, skill, experience, training, or education.). And had Johnson raised this concern below, we might fault the trial court for simply dismissing Johnson's suit based on Dr. Harris' motion to dismiss. The same may apply to a malpractice suit. Visit RateMDs for Dr. Raphael reviews, contact info, practice history, affiliated hospitals & more. I said What? and he said, I really like your nose. 11 talking about this. 1998). 2011;365(7):629636. 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. E.I. Although I sensed your skill as a surgeon, it was your gentle manner and compassion that led me to believe. After residency, he completed a Urogynecology Fellowship at the University . The party must state the grounds with sufficient specificity to make the trial court aware of the complaint unless they were otherwise apparent. We accordingly reject Dr. Harris' claims that the appeal should be decided on the basis of briefing deficiencies. His office accepts new patients. Shereen Lehman, MS, is a healthcare journalist and fact checker. A. at 304. Be respectful and follow your gut when it comes to finding the best healthcare provider for your needs. Okay. In this regard, Dr. Harris challenged Dr. Stern's qualifications based on when Dr. Stern last performed the procedure. But even if the trial court erred in that respect, the error was harmless. He is an internationally known board certified plastic surgeon who has practiced in Dallas since 1980. VIEW FULL PROFILE . In our view, however, both of the doctor's motions challenged only Dr. Stern's qualifications, and not his methodology. Johnson also offered Dr. Stern's opinion that the surgery should have been delayed until her underlying anemia was treated. So in that sense, the anemia may have -- may have been a proximate cause. 2023 Dotdash Media, Inc. All rights reserved. 74.351(a)(West 2017). He received his medical degree (M.D.) Dr. Dulin also completed an extended plastic surgery residency at the Scott and White Hospital in Temple, Texas. The report also criticized Dr. Rafael, but only for his post-procedure follow up. Q. 3. He has 39 years of experience. 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. Copyright 2023, Thomson Reuters. denied). 7. at 303, quoting TEX.CIV.PRAC.& REM.CODE ANN. Fifteen of the 16 had active licenses in good standing. The International Center for Transgender Care was created to fill a critical need in the transgender population one center that provides advanced end-to-end therapy, surgery options and research for the transgender individual. 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. The board will provide you with details as to what is needed for the complaint, which can vary by state. Dr. Stern believes the elective procedures should have been postponed until the anemia was addressed. Skip to main content. A New Jersey plastic surgeon had his medical license suspended after he allegedly watched porn at the office and asked a patient to fondle his genitals to help him "get motivated" to perform procedures. from the University of Texas Southwestern Medical Center at Dallas. Chaudhry thinks many licensing boards may already be conducting additional confidential investigations against doctors promoting misinformation. One challenge with this technique is to re-establish adequate blood flow to the nipple complex. 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. TANYEE MONIQUE JOHNSON v. DR SCOTT HARRIS DR PETER RAPHAEL AND PETER RAPHAEL PA. Following a year of residency training in General Surgery at the University of Michigan Hospital, Dr. Gibbs volunteered for duty with the US Army Special Forces, serving two years (1965-1967) abroad as a General Medical Officer. Dr. Alan Dulin is a recognized leader in breast and body contouring. His current practice location address is 6020 W Plano Pkwy, , Plano, Texasand he can be reached out via phone at 972-543-2477and via fax at 972-543-2499. at 732-33. While Gold has been giving talks to packed audiences, McKenzie has been dealing with packed ICUs filled with sick, unvaccinated people. 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. Dr. Harris received his medical degree from Southwestern Medical School in Dallas, and completed General Surgery training in Phoenix, Arizona. The trial court granted both doctors' objections to Dr. Stern's testimony, and dismissed the case as to both defendant doctors. Reading Dr. Stern's report in the context of his deposition, there is no specific criticism about Dr. Harris's post-surgical care on the April 5th visit. Ratings Overview 4.2 28 Ratings with 17 Comments Write a Review Wait time 13 minutes 4.3 Easy Appointment 4.0 The way they do that these days is, like, vastly different than it was 15 years ago and probably different than it was a year ago. dr peter raphael license suspendedsigns he still loves his baby mama | 1987)(failure to complain about how damages were apportioned in judgment waived complaint); West Tex. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In some cases, it is up to the healthcare provider to self-report problems, which some may avoid doing. Id. 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. Raphael has presented at both state and national medical meetings on the advances in plastic surgery. 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. Accordingly, any error in dismissing the case was waived. 937 (1905) (Holmes, J., dissenting)(General propositions do not decide concrete cases.). 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. The NPI number of this provider is 1740441799 and was assigned on June 2008. The doctor was currently practicing medicine, but the question was whether he was currently rendering the particular medical service at issue. Both parties direct us to oft quoted maxims from Larson v. Downing to guide our decision here. Dr. Peter Raphael is a Plastic Surgeon in Plano, TX. The trial court in Larson struck the expert and the court of appeals reversed that decision. The argument misses the mark given our standard of review. But there might have been, you know, some reason for concern. The International Center for Transgender Care, Copyright 2023 The International Center for Transgender Care | SEO and Design by. The record showed Dr. Stern regularly did surgical procedures, which require post-surgical wound checks. In some cases, you may need to speak with someone on the phone if you can't find the answers online. The concept applies to the relief accorded in a final judgment or order. This statement falls short of that needed to support causation. 8 spiritual secrets for multiplying your money. The practitioner's primary taxonomy code is 208200000X with license number G8361 (TX). Already have an account? We view Dr. Stern's opinions as to the post-procedure care in a somewhat different light. Name Signup| LoginClaim Doctor Profile | Claim Doctor Profile See what's new! Nowhere in this item or this paragraph do you say that her anemia proximately caused her ultimate injuries in this case?