He also saw Johnson six days post-surgery (the April 5th visit). Active through 2023. Okay. 166a(i). One appeared to have let his license expire, but there was no suggestion in his record that it was because of any disciplinary action. Dr. Peter Raphael, MD is a cosmetic, plastic & reconstructive surgery specialist in Plano, TX and has been practicing for 35 years. Last month, Dr. Simone Gold stood before a crowd at a conservative church in Thousand Oaks, Calif., and delivered a talk riddled with misinformation. doi:10.1056/NEJMsa1012370. After completing his general surgery training at the Methodist Dallas Medical Center, Dr. Raphael decided to enhance his skills in microsurgery research by attending the Division of Cardiovascular Surgery at the University of Texas Southwestern Medical Center. Id. This case was transferred to us from the Fifth Court of Appeals pursuant to the Texas Supreme Court's docket equalization efforts. Dr. Peter Raphael specializes in plastic and reconstructive surgery in Plano, TX and has over 38 years of experience in the field of medicine. Dr. Peter Raphael, MD is a health care provider primarily located in Plano, TX. 74.351(a)(West 2017). 6. Medical literature reports a correlation between anemic patients and postoperative infections. 74.351(a). Dr. Dulin is board certified in plastic and cosmetic surgery by the American Board of Plastic Surgery. Johnson also offered Dr. Stern's opinion that the surgery should have been delayed until her underlying anemia was treated. Dr. Alan Dulin is a recognized leader in breast and body contouring. He graduated from University Of Texas Medical School At Houston with his medical degree in 1984. 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. The International Center for Transgender Care is located inside and part of The American Institute for Plastic Surgery in Plano, TX. IL State Medical . 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: Dr. Alfred Antonetti is on staff at Medical City Dallas Hospital and Methodists Medical Center. All rights reserved. ariel malone married. 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? Dr. Raphael - Plano, TX - Cosmetic Surgeon / Physician Reviews & Ratings - RateMDs Dr. Raphael has a 1.5/5 rating from patients. collectively as Dr. Rafael. It is important that you contact every state medical licensing board where the healthcare provider has practiced, not just your own. At first, they stripped him of his followers. The underlying suit alleges that Tanyee Johnson went to Dr. Harris for a bilateral breast reduction. What has changed about the equipment used? 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. A. 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. Following Dr. Stern's deposition in early December 2014, both defendant doctors challenged his qualifications. Is it possible that a CBC draw should have happened on April 5th, the first postoperative visit? The conference was aimed at young people ages 15 to 25. Utilities Co. v. Irvin, 161 Tex. Skip to main content. He received his medical degree from the University of Arkansas for Medical Sciences, where he earned numerous accolades. When a health care provider objects to the qualifications of an expert based on one of these grounds, they must generally do so not later than the 21st day after the date they receive a copy of the proffered expert's curriculum vitae, or the date of the witness's deposition. Dr. Peter Driscoll, who worked at My Goals Solutions in Ridgefield from August 2021 to June 2022, allegedly solicited sexual favors from . ", 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.". Finding out if your healthcare provider has ever received any complaints may be a bit tricky. To search for this information, you can use specific keywords, as well as certain reputable websites. He speaks English and Spanish. Try and put myself in their shoes. Thank you again. 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 uniqueness of this procedure places this case in the class of cases requiring expert testimony. The designation included an amended report from Dr. Stern that criticized Dr. Harris in four areas: 1. The doctor was currently practicing medicine, but the question was whether he was currently rendering the particular medical service at issue. While attending medical school, he participated in surgical research, including a research externship at Brigham and Womens Hospital in Boston with organ transplant pioneer and Nobel Laureate Joseph Murray, MD. Thank you for restoring my hope and sense of worth. . 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. 1055 North 500 West Provo, UT 84604 In some cases, you may need to speak with someone on the phone if you can't find the answers online. Don't hesitate to ask a healthcare provider about a malpractice suit or other action you may find. His extensive surgical training has afforded him the ability to diagnose and treat a broad range of both cosmetic and reconstructive procedures. Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. Id. 1960)(failure to advise trial court of error in interest charged in judgment waived any error). So in that sense, the anemia may have -- may have been a proximate cause. He practices in Plano, Texasand has the professional credentials of MD. After filing suit, Johnson timely filed a qualifying exert report as required by Section 74.351(a) of the Texas Medical Liability Act (TMLA). He then completed a residency in Psychiatry at The Payne Whitney Clinics, The New York-Presbyterian Hospital/Cornell Medical Center in New York City. Johnson argues that if the call in Larson was close based on an eleven year time gap, then the four year gap here must be on the other side of the line. Dr. Rafael responded to that claim attaching proof of electronic and facsimile delivery of the motion and the setting. 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. There is no indication in the record that the anemic condition of a patient having the free nipple graft procedure is any different from any patient having any other surgical procedure. In re Commitment of Bohannan, 388 S.W.3d 296, 305 (Tex. 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. In our view, however, both of the doctor's motions challenged only Dr. Stern's qualifications, and not his methodology. The International Center for Transgender Care, Copyright 2023 The International Center for Transgender Care | SEO and Design by. But the medical board declined to say whether it was investigating Gold, citing reasons of confidentiality. 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. doi:10.1007/s11999-008-0636-2, Jena AB, Seabury S, Lakdawalla D, Chandra A. The practitioner's primary taxonomy code is 208200000X with license number G8361 (TX). 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. Oftentimes, Innovation is born out of necessity. The concept applies to the relief accorded in a final judgment or order. He has 39 years of experience. 24 Jun . He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. Although the case was close, the trial court had not acted without reference to the guiding rules. Office. You never cease to amaze me with your caring words & actions. Plastic Surgery in Plano, TX. You possess a rare, nation of warmth and talent and you deserve many blessings. 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 -. Three things that must be proved in a malpractice suit: All medical errors should be reported to the state's medical board. 1965); see also Chester, 228 S.W.3d at 912-13; Chavira v. Darden, No. It says that Dr. Harris prescribed additional Keflex, so he was concerned. I wanted to take a moment to write a letter of appreciation for taking great care of me with my recent procedure. Dr. Raphael has presented at both state and national medical meetings on the advances in plastic surgery. I am forever grateful! The board will provide you with details as to what is needed for the complaint, which can vary by state. at 305. Johnson has not raised that issue on appeal. Some are being continually revamped, while others may not have changed for decades. at 74.401(e)(West 2011). Try to be objective and focus on finding the best healthcare provider, surgeon, or specialist for your needs and condition. Lawmakers Call Foul, Just 12 People Are Behind Most Vaccine Hoaxes On Social Media, Research Shows, COVID-19 surge nationwide, mainly in areas with low rates of vaccination, Tracking Coronavirus Around The U.S.: See How Your State Is Doing, For Some Anti-Vaccine Advocates, Misinformation Is Part Of A Business, reportedly promoting alternative therapies for treating COVID-19, of forcing her way into the building and engaging in disorderly behavior. Johnson's pre-procedure blood work showed her to be anemic. The success rate? Thank you and may God bless you. Do they use stitches or glue? from the University of Texas Southwestern Medical Center at Dallas. kill the process running on port 1717 sfdx. Id. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. at 732-33. Mobile Navigation Menu. 2. The MLIA imposes additional requirements for a witness who proposes to offer opinion testimony on the accepted standards of medical care. 5. But that didn't cause her infection? Individual states have licensing boards made up of a mix of doctors, lawyers and private citizens. Dr. Harris received his medical degree from Southwestern Medical School in Dallas, and completed General Surgery training in Phoenix, Arizona. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Phone +1 972-543-2477. Dr. Peter Raphael is board certified by the American Board of Plastic Surgery. The banter between you and your nurse made me laugh out loud and completely relaxed my mind before my procedure. )(Perhaps, possibly, can, and could indicate mere conjecture, speculation or possibility rather than qualified opinions based on reasonable medical probability.); Campos v. Ysleta Gen. 702. The community is fortunate to have you as a resource. at 729. I said What? and he said, I really like your nose. The report also criticized Dr. Rafael, but only for his post-procedure follow up. Neither Dr. Harris nor Dr. Rafael challenged the qualifying medical report at the outset of the litigation. While you may be able to see some ratings or disciplinary information on a healthcare rating website, it may not be complete or current. N Engl J Med. Keep in mind that evaluating a healthcare provider based on their malpractice track record or ratings may not provide the whole story. Family Medicine. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. When Dr. Harris saw Johnson on the April 11th visit, he had her admitted to the hospital. denied). An expert in this or any kind of case must meet the basic qualification requirements found in TEX.R.EVID. 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. 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. Obstetrician and Gynecologist. His office accepts new patients. This particular breast reduction was rarer still. 1996); see also Roberts v. Williamson, 111 S.W.3d 113, 122 (Tex. Those criticisms all relate to how Dr. Harris responded to what may have been an evolving infection. Dr. Harris suggests we end the discussion there because Dr. Stern is not an infectious disease expert. "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. The misinformation which usually involves inflating the risks of vaccines and offering the false promise of alternative therapies is coming as cases of COVID-19 surge nationwide, mainly in areas with low rates of vaccination. The text of neither rule authorizes a trial court to simply dismiss a lawsuit if an expert does not meet those qualifications. How to File a Complaint About Your Healthcare Provider. Copyright 2023 American Institute for Plastic Surgery. ", In the absence of oversight, doctors such as Gold have been able to spread misinformation with impunity. Co., 724 S.W.2d 383, 384 (Tex. I shared something with you and a few of your staff that even my own family doesnt know (I felt they had already been through enough with my mom). Read our. The NPI Number for Dr. Peter Raphael is 1245340553and he holds a License No. Dr. Peter R. Raphael is a Family Medicine Doctor in Cleveland, OH. In a later deposition, Dr. Stern added a fifth criticism: 5. ); Linan v. Rosales, 155 S.W.3d 298, 302 (Tex.App.--El Paso 2004, pet. Your caring attitude and professionalism really put me at ease. Dr. Raphael is affiliated with Medical Center Of Plano. 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). before their name and they appear to understand what they're talking about.". He is affiliated with Medical City Plano. Dr. Raphael is board certified in Family Practice. About DR. PETER RAPHAEL MD. denied)(discussing burden in failure to diagnosis post liposuction infection). Dr. Harris had ordered additional oral antibiotics on the April 5th visit. With many years of experience in plastic surgery, Dr. Raphael shows great dedication to understanding his patients' needs and his commitment to the art of plastic surgery. The email address cannot be subscribed. The MLIA has a specific provision allowing for the dismissal of a claim when an expert is struck at the outset of the litigation. ROSS UNIVERSITY / SCHOOL OF MEDICINE & VETERINARY MEDICINE, Medical School 2006; The report contained a paragraph generically contending that these failures were a proximate cause of Johnson's injuries. Each procedure likely differs in how rapidly medical standards are evolving. 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. 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. Trisha Torrey is a patient empowerment and advocacy consultant. Thank you, {{form.email}}, for signing up. 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. 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. We accordingly reject Dr. Harris' claims that the appeal should be decided on the basis of briefing deficiencies. 2002, pet. Dr. Peter Raphael is licensed to practice by the state board in Texas (G8361). Neither tact was taken here. op. 5, 336 S.W.2d 609, 610 (Tex. The practitioner's primary taxonomy code is 207Q00000X with license number 57012589 (OH). 702 addresses expert witness qualifications, and TEX.R.EVID. Dr. Peter R Raphael, MD . He currently practices at Cleveland Clinic and is affiliated with Cleveland Clinic. How Do I Find Out if a Doctor Has Complaints? He maintains an active practice in plastic surgery with the majority of his cases involving re-contouring of the torso, and half of those involving breast procedures. Borrowing language from the Court of Criminal Appeals, to preserve error a party should let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly enough for the judge to understand him at a time when the trial court is in a proper position to do something about it. Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App. Both parties direct us to oft quoted maxims from Larson v. Downing to guide our decision here. 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? He received his medical degree (M.D.) This article explains how to find out if your healthcare provider has ever received complaints or has had a malpractice lawsuit filed against them. 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. 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. While Gold has been giving talks to packed audiences, McKenzie has been dealing with packed ICUs filled with sick, unvaccinated people. She sought the breast reduction to ease her neck, shoulder, and back pain. Dr. Stern acknowledged in deposition that he is not an infectious disease specialist and if he consulted with such a specialist, he would typically defer to the specialist on antibiotic choice and method of delivery. Dr. Stern was certainly qualified in the general area of plastic surgery. Then your expert skills in helping me resolve my physical problems have been phenomenal. 74.401(c)(2). He graduated from UNIVERSITY OF TEXAS AT DALLAS in 1984. 1994, pet. With these standards in mind we address each of Dr. Stern's opinions. Get a consultation Education Postgraduate Education Board Certifications Memberships Already have an account? Dr. Stern trained under another physician who published and lectured on the free nipple graft technique, but that training was in the 1970's. Instead, she argued that dismissal was disproportionate and inequitable, and that she should be allowed the opportunity to obtain a new expert with a new disclosure deadline (and presumably a continuance of the trial setting). The test mandates some flexibility. Dr. Raphael has presented at both state and national medical meetings on the advances in plastic surgery. at 304. The California Medical Board, which oversees her license, told NPR it expects doctors to "follow the standard of care when treating patients at all times." Although I sensed your skill as a surgeon, it was your gentle manner and compassion that led me to believe. W.C. LaRock, D.C., P.C. 05-12-01380-CV, 2013 WL 2641313, at *3 (Tex.App.--Dallas 2013, no pet.)(mem.op. In fact, while other promoters of bad information saw their Twitter profiles suspended this summer, Gold's followers swelled to more than 300,000. 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.