This particular breast reduction was rarer still. Mobile Navigation Menu. While you may be able to see some ratings or disciplinary information on a healthcare rating website, it may not be complete or current. 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. It says that Dr. Harris prescribed additional Keflex, so he was concerned. Dr. Rafael did so in a motion to strike that was joined with a motion for summary judgment. Once again, throughout advanced medical training, he conducted basic research, this time in the behavioral neuroscience of motivated behavior. NPR found that Gold's emergency medicine certification lapsed in December of last year, but she still is, as she claims, a licensed physician in the state of California (her license lists her professional address as a UPS shipping store in Beverly Hills). hide caption. W.C. LaRock, D.C., P.C. 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. She has written several books about patient advocacy and how to best navigate the healthcare system. Dr. Stern testified that he would have changed from Keflex to another type of broad spectrum antibiotic if there was an infection persisting for six days after surgery. Id. Peter G. Drewes, M.D. That was the strategy taken by Dr. Rafael. The doctor himself never testified that his knowledge of the procedure was up to date. ", Almost everything Gold said in her 45-minute talk was contrary to the best science and medical standards of care for treating COVID-19. Copyright 2023 American Institute for Plastic Surgery. Following his education, and exceptional training, Dr. Peter Raphael entered into a private practice in Plano, Texas, specializing in Plastic and Reconstructive Surgery. Simpson v. Coats, 05-95-01035-CV, 1996 WL 317075, at *4 (Tex.App.--Dallas June 11, 1996, writ denied)(not designated for publication)(Calkins's and Spoll's statements that Mrs. Simpson's treatment may have been a proximate cause reflect a mere possibility, not reasonable medical probability.)[Emphasis in original).8 Dr. Stern's opinion that anemia may have been a proximate cause here likewise falls short of establishing causation. VIEW FULL PROFILE . Dr. Raphael has presented at both state and national medical meetings on the advances in plastic surgery. 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. Read our. Johnson raises three challenges to the trial court's decision below. From another portion of his testimony, he believed there was some cause for concern based on the purulent drainage from the site. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. We are directed not to disturb the trial court's decision absent a clear abuse of that discretion. 05-12-01380-CV, 2013 WL 2641313, at *3 (Tex.App.--Dallas 2013, no pet.)(mem.op. Dr. Peter Raphael, MD. du Pont de Nemours and Co., Inc. v. Robinson, 923 S.W.2d 549, 558 (Tex. h. (mem. Late last month, the American Board of Emergency Medicine, which had until this year certified Gold under her maiden name, Tizes, put out a statement warning it could revoke certification for any of its specialists for spreading "inaccurate information. 74.351(a). TEX.CIV.PRAC.& REM.CODE ANN. 5601. March 24, 2022. Parties often defend their challenged experts through supplemental affidavits addressing the specific challenges being advanced, or having the experts testify live at the hearing. Medical literature reports a correlation between anemic patients and postoperative infections. A medical malpractice plaintiff must file a qualifying medical report within 120 days of the health care provider's answer. 2023 Dotdash Media, Inc. All rights reserved. Find Dr. Raphael's phone number, address, hospital affiliations and more. Thank you so much for everything you have done for me. doi:10.1056/NEJMsa1012370. valleywomenshealth2 2021-05-28T14:13:48+00:00. 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 -. This exchange is taken from the hearing below:THE COURT: Does your witness know what may or may not have changed in the performance of that procedure since the last time your witness did that procedure? Id. 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). 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 Rather, the test for abuse of discretion is whether the trial court acted without reference to any guiding rules or principles. Id. We overrule Issue One. IL State Medical . Education. Thank you so much for treating me so well, having expert skills in caring about my progress and long journey. Johnson has not raised that issue on appeal. Toggle navigation. 6020 w. Plano Pkwy Plano, TX 75093. See Lochner v. New York, 198 U.S. 45, 76, 25 S.Ct. hide caption. Thank you for truly making my experience positively memorable. 73.001 (West 2013). We accordingly reject Dr. Harris' claims that the appeal should be decided on the basis of briefing deficiencies. The case was set for trial on March 2, 2015. Featured Providers Near You . 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. Call 216.363.2128 Department Center for Emergency Medicine-West Primary Location Lutheran Hospital Type of Doctor Both Adults and Children & Adolescents Languages English Surgeon No Locations & Specialties Insurances Accepted Biography Primary Location Lutheran Hospital 1730 W. 25th Street Cleveland, OH 44113 Appointment: 216.363.2128 Desk: Finding out if your healthcare provider has ever received any complaints may be a bit tricky. But Johnson's objection was not that the trial court lacked the authority to dismiss the suit. You could have knocked me over with a fondue fork. 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 party must state the grounds with sufficient specificity to make the trial court aware of the complaint unless they were otherwise apparent. Neither tact was taken here. 702. American Board of Emergency Medicine/Screen Shot by NPR Nonetheless, a host of subsequent pleadings and orders filed in 2014 and 2015, including the final judgment and the notice of appeal, list that entity as a party in the caption, unnecesarily so in our view. He received his medical degree from the University of Arkansas for Medical Sciences, where he earned numerous accolades. 8 spiritual secrets for multiplying your money. 33.1(a)(1)(A). Trisha Torrey is a patient empowerment and advocacy consultant. At its heart, the problem is the fragmented medical licensing system in the United States. Thank you so much. Other people in the anti-vaccine movement promote their posts "because they have the 'Dr.' 24 Jun . Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. Dr. Raphael is affiliated with Medical Center Of Plano. They stripped all of his followers and then permanently suspended him for his video on myocarditis in children. TEX.CIV.PRAC.&REM.CODE ANN. But his testimony about Johnson's specific circumstances in this regard was limited to possibilities. He is an internationally known board certified plastic surgeon who has practiced in Dallas since 1980. He then completed a residency in Psychiatry at The Payne Whitney Clinics, The New York-Presbyterian Hospital/Cornell Medical Center in New York City. It may take some time to search for information on a healthcare provider, so don't be discouraged if you don't get answers immediately. W.C. LaRock, D.C., P.C. 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. 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. No evidence was admitted at the hearing. 3. 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. In this regard, Dr. Harris challenged Dr. Stern's qualifications based on when Dr. Stern last performed the procedure. And the outcome of the surgery is nothing less than perfection. at 74.401(b). "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. Stay up-to-date with how the law affects your life. TEX.CIV.PRAC.& REM.CODE ANN. . A. 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. Alan Dulin is a recognized leader in breast and body contouring. The same may apply to a malpractice suit. Okay. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. One appeared to have let his license expire, but there was no suggestion in his record that it was because of any disciplinary action. We are the destination of choice for surgical and non-surgical services for the transgender community. He received his medical degree (M.D.) Of those, he does two to three breast reductions a year. If objection to the dismissal had been urged below, Dr. Harris could have still conceivably filed a no evidence motion for summary judgment prior to the trial date. Visit RateMDs for Dr. Raphael reviews, contact info, practice history, affiliated hospitals & more. All rights reserved. Thank you for taking the time to listen to me and give me EXACTLY what I wanted. Several of Dr. Stern's criticisms distinctly turn on the standard of care for the free nipple graft procedure. Dr. Rafael on the April 8th visit changed the oral antibiotic, administered an injection of another broad-spectrum antibiotic, and ordered blood work. 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. 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. Go to the Federation of State Medical Board's Physician Data Center to check the healthcare provider's basic information. This statement falls short of that needed to support causation. The doctor was currently practicing medicine, but the question was whether he was currently rendering the particular medical service at issue. Id. 2. 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. The board will provide you with details as to what is needed for the complaint, which can vary by state. How to Check Out a Doctor for Medical Malpractice. 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. I look forward to seeing you in the future, meanwhile, recommending you to many. But nor does the rule mandate that only a neurologist would be so qualified. What happens if I file a malpractice report? When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. There, the plaintiff sued a plastic surgeon over a nose implant that later needed to be surgically re-visited, and then became infected. at 304. In Issues Two and Three, Johnson complains that that trial court abused its discretion in striking Dr. Stern under the witness qualification standards set for experts by the MLIA (Issue Two) or Rule of Evidence 702 (Issue Three).6 We digress briefly to define those standards. doi:10.1007/s11999-008-0636-2, Jena AB, Seabury S, Lakdawalla D, Chandra A. Johnson's pre-procedure blood work showed her to be anemic. Dr. Peter Raphael specializes in plastic and reconstructive surgery in Plano, TX and has over 38 years of experience in the field of medicine. Provo OB-GYN Dr. David Broadbent used to have privileges at Utah Valley Hospital which are now suspended. "People don't realize it doesn't have to be the patient themselves. Contact us. 4. 11 talking about this. Ratings Overview 4.2 28 Ratings with 17 Comments Write a Review Wait time 13 minutes 4.3 Easy Appointment 4.0 She told people to avoid vaccination against the coronavirus. Id. Q. ); Linan v. Rosales, 155 S.W.3d 298, 302 (Tex.App.--El Paso 2004, pet. Dr. McCullough had 512,000 followers. 44.1(a)(1). TANYEE MONIQUE JOHNSON v. DR SCOTT HARRIS DR PETER RAPHAEL AND PETER RAPHAEL PA. Their Feminine Immersion Program was specifically created to assist women in their transition by helping develop their feminine beauty, charm and confidence in a supportive and caring environment. But that didn't cause her infection? Johnson also offered Dr. Stern's opinion that the surgery should have been delayed until her underlying anemia was treated. 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. 2011;365(7):629636. -- or anemic status? He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. 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). The trial court asked a legitimate question under the text of the MLIA.7 Having not gotten a satisfactory answer, we cannot say the trial court abused its discretion in striking the procedure-specific opinions based on the staleness of the expert's knowledge. denied)(discussing burden in failure to diagnosis post liposuction infection). at 732-33. His specialties include Plastic Surgery. The Transgender institute of Kansas City is excited to offer a new and innovative program for the Transwomen's community that will enhance your transition. 1. It was Johnson's burden to satisfy the trial court that the four year time gap argued by Dr. Harris was irrelevant and she simply did not meet that burden. The question before us is whether Dr. Stern was qualified to opine that Dr. Harris breached the standard of care for a surgeon in post-surgical care, and whether the claimed breach was the proximate cause of any harm to Johnson. 74.351(a). 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. the smile makers at coastal carolina orthodontics. He received his medical degree (M.D.) 4. 4.1 (17 ratings) Leave a review American Institute Plastic Sgy 6020 W PLANO PKWY Plano, TX 75093 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. from the University of Texas Southwestern Medical Center at Dallas. You would need to hire a malpractice attorney. Dr. Saida Fields, APN . Accordingly, we overrule Issues Two and Three and affirm the trial court's judgment below. He was suspended at other times. 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. Okay. Dr. Stern's report also seemingly criticizes Dr. Harris for not taking a fluid culture on the April 5th visit, but his deposition testimony clarifies this criticism is really focused on the April 8th visit, which was handled by Dr. Rafael. We doubt there is some defined time period which demarcates when a doctor's knowledge becomes too stale to assist the trier of fact. She understands the current diagnosis of Gender Dysphoria and differences among sexual identity, gender identity and gender expression. 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 physician, both of whom are reportedly promoting alternative therapies for treating COVID-19 alternatives that federal agencies have specifically warned are not helpful and can sometimes be harmful. )(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). Dr. Harris received his medical degree from Southwestern Medical School in Dallas, and completed General Surgery training in Phoenix, Arizona. Dr. Stern trained under another physician who published and lectured on the free nipple graft technique, but that training was in the 1970's. 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. "We will find that social media companies will hide behind any excuse that they can to leave up [the profiles of] those people spreading misinformation, and one of the excuses they use is citing their medical credentials," Ahmed says. He currently practices at Cleveland Clinic and is affiliated with Cleveland Clinic. How Do I Find Out if a Doctor Has Complaints? I just wanted to thank you and the entire staff for taking such good care of me and making me feel like a family member. His office accepts new patients. I mean these are -- I don't know, but it seems like the kind of things that might change. That admission falls a bit short of disqualifying Dr. Stern from possessing relevant knowledge about the cause and treatment of infections. Keep in mind that evaluating a healthcare provider based on their malpractice track record or ratings may not provide the whole story. 2009;467(2):339347. He is affiliated with Cleveland Clinic. Working with this clientele requires an awareness of the impact of stress on gender dysphoria and a particular knowledge of grief and bereavement as they manifest during the transgender clients journey. You listen to my surface fears and concerns at our first meeting with such patience and a validating warmth, but for the first time in a long while, I began to feel a sense of trust. (801) 429-8000. patientconcerns@reverehealth.com. Dr. Peter Raphael, MD is a family medicine specialist in Cleveland, OH. You can always ask your healthcare provider directly if they have had a malpractice suit filed against them. See TEX.R.APP.P. 5, 336 S.W.2d 609, 610 (Tex. Claim your profile (216) 444-2273 . NPR looked at medical licenses for 16 doctors, including Gold, who have proven track records of doing so online and in media interviews. As much as a malpractice suit may be a red flag, it doesn't necessarily mean that it was justified. You have such a pretty nose. I was floored. Dr. Simone Gold discourages vaccination against COVID-19 and promotes alternative, unproven therapies. These lawsuits may be filed against an individual or an institution, such as a hospital. Thank you, {{form.email}}, for signing up. You (sotto voce) the breast; you cut like this; you take off the nipple; you pull out the stuff and sew it back up. denied). How Do I Do a Background Search on a Healthcare Provider? Larson v. Downing, 197 S.W.3d 303, 305 (Tex. After residency, he completed a Urogynecology Fellowship at the University . Dr. Harris had ordered additional oral antibiotics on the April 5th visit. It can be a patient's family member; it can be another doctor," he says. from the University of Texas Southwestern Medical Center at Dallas. What has changed about the equipment used? So based on [Dr. Harris'] April 5th examination, you wouldn't say that his breach -- or he breached the standard of care at that visit if tissue necrosis was not even suspected?