Americans with Disabilities ActThe Americans with Disabilities Act (ADA) and comparable state laws prohibit discrimination in employment, public agencies or services, and public accommodations (restaurants and hotels) against employees or individuals with a medical condition or a physical or mental disability and imposes civil liability (injunctive relief and compensatory and punitive damages) for violations. Legal issues include extent of reasonable access or accommodations, nature and extent of disability, exemptions and enforcement provisions and available remedies. See   Labor and Employment.

The NCMB & NCPHP routinely violate the ADA as a matter of public policy.  If a licensee has a history of addiction and is no longer illegally using drugs, they are protected by the Americans with Disabilities Act, which consider addiction to be a disability.  If illegal drug use is ongoing, either by using illegal drugs or obtaining controlled substances illegally, that protection by the ADA does not apply.  Any licensee using Buprenorphine for addiction, legally obtained, or on legally prescribed amphetamines for ADD or a similarly appropriate diagnosis such as narcolepsy would thus also be protected.

 

Antitrust and Trade RegulationAntitrust laws prohibit unfair business and industry practices that interfere with free and open competition. Some prohibited practices include monopolies, restraints on trade or commerce, price fixing or discrimination, and exclusive contracts. State and federal trade regulations deal with unfair methods of competition called unfair and deceptive trade practices and include false advertising, product misrepresentations, misuse of trade names, inaccurate product labels, deceptive collection practices, and consumer exploitation. See   Unfair Competition.

The Texas Medical Board has a history of being convicted regarding criminal charges that were placed against them and certain board members in this regard.

 

Appellate PracticeAppellate practice is the application of rules and procedures for challenging an adverse final judgment of an administrative agency or a lower court. A trial court is an appellate court for the review of administrative agency decisions. Appellate practice governs a party's right to file an appeal, the determination of appealable issues, the preparation and submission of an appeal, supporting documents and legal briefs, filing motions, making oral arguments, and filing petitions for rehearing or other post-appellate motions.

 

ArbitrationArbitration is an alternative dispute resolution (ADR) method where the parties to a dispute agree or are ordered by a court to have a neutral third party or panel hear and decide the dispute. Arbitration ranges from informal hearings to the formal trial-like settings where rules of evidence and procedure are followed. Arbitration awards may be nonbinding or binding and enforceable. An attorney should review arbitration agreements and participate in arbitration to protect client interests and to prepare for judicial review of any adverse award. See   Alternative Dispute Resolution.

 

Civil Litigation Civil litigation concerns all lawsuits, cases or disputes other than criminal that are brought before a civil court. Types of lawsuits involved include class action suits, contract disputes, real estate or property disputes, equity issues, constitutional or statutory issues, review of administrative agency decisions and tort claims (civil wrongs or negligence actions.) Legal issues include jurisdiction (authority of the court to hear the dispute), application of court rules and trial procedures, post-trial motions and appellate review. See     Litigation

Civil litigation generally comes after criminal charges in cases in which criminal actions have caused damages.  In the case of the NCMB however, despite the Governor, AG, SBI, FBI, Wake County Distract Attorney and numerous others being alerted to the ongoing pattern of problems, nobody has come forward to properly reign in the  uncontrolled overzealous attorneys at the board who destroy so many physicians and mid-levels.

 

Civil RightsCivil rights are individual liberties and privileges guaranteed by federal and state constitutions and statutes. Among our civil rights is the freedom of speech and religion, freedom from unreasonable government intrusions, right to bear arms, right to make contracts, right to a speedy trial, right to due process, right to vote, and right to equal protection. However, certain exceptions to our civil rights are permitted. An unlawful violation of a civil right is cause to seek an attorney to file an action for damages or some other relief.  Filing a complaint with the US Office of Civil Rights is a great start if you've suffered violations such as HIPAA or ADA actions.  Unfortunately, the OCR is overworked and understaffed.  One way to overcome this barrier would be to have as many aggrieved licensees as possible file complaints to increase the likelihood of action by the OCR.  If you think your rights have been violated, follow your gut, file.

 

Class ActionsClass actions are governed by federal and state procedural rules and are intended to reduce litigation costs and avoid conflicting results from separate trials. To have a class action suit, there must be a large number of plaintiffs who share common issues and facts, have typical claims and defenses, and seek equitable relief or money damages. Also, the class must be represented by counsel. If the class is certified or approved, potential class members will be asked to join and litigation continues, usually resulting in a negotiated settlement.  Unfortunately, these cases generally show more money going to attorneys than to victims; still, it’s better than nothing and goes a long way to informing the state how negligent they’ve become!

 

Consumer Fraud:  Consumer fraud concerns civil suits or actions against business or commercial entities for the intentional use of coercion, deceit or misrepresentations and unfair, false or deceptive trade practices, advertising or telemarketing schemes in the marketing, solicitation, labeling or sales of consumer products and services. Legal issues include required claim or complaint procedures such as arbitration or administrative agency procedures, statutory violations, burdens of proof and availability of money, compensatory or punitive damages. See    Consumer Law .  There are fraudulent professional boards in NC and other states.

 

Criminal LawCriminal or penal law covers misdemeanor (minor) and felony (major) criminal offenses and the rules and procedures of the criminal justice process including arrest, arraignment, bail, guilty pleas and plea agreements, preliminary hearings, jury trials, sentencing, probation, parole, appeals, and other post-conviction relief. Constitutional protections to the accused include the right to remain silent, the right to counsel, and the right to a fair and speedy trial. An accused should always seek counsel if charged with a criminal offense. See   DUI/DWI, Expungements,   Felonies,   Homicide,   Juvenile LawMisdemeanors,   Parole and Probation,   Sex Crimes,   Theft,   Traffic Violations,   Weapons Charges.

All illegal actions are not criminal; One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual or individuals but also to a community, society or the state ("a public wrong"). Such acts are forbidden and punishable by law.[1][4].  Clearly the actions of the NCMB ARE CRIMINAL!

 

DUI/DWIDUI/DWI means driving under the influence and driving while intoxicated. Drunk driving statutes make it a criminal offense to operate a vehicle in a public place with a blood alcohol content (BAC) at or above a certain level, usually 0.10, or while under the influence of drugs. An accused may be charged based on a law enforcement officer's observations or sobriety test results. Sentencing includes fines, license suspension, counseling, probation, community service, or jail time that will be enhanced if an accident with injuries or death occurs. See  Criminal Law.  Committing a DUI/DWI is illegal.  So is posting on a public website without permission that the individual guilty of such activity is an alcoholic/addict and/or “is incapable of practicing safely due to their abuse…” .  This implies that the individual guilty of committing the crime, as perhaps, a one-time imbiber is “guilty” of suffering from a genetically caused disease of addiction as recognized by the DSM-5 (and prior versions).  This would be a violation of HIPAA and would not be the first time that this has been done by the NCMB, it’s their routine policy to do this! 

 

Expungement:  An expungement or expunction protects the right to privacy by impounding or sealing a person's criminal records or history if the person was acquitted, released without being convicted, or pardoned after being convicted. A person granted an expungement need not disclose the offense with potential employers, and the expunged prior arrest or conviction will not be disclosed in a records check. A person should seek an attorney to obtain an expungement because the rules, scope of coverage, procedures, and protections vary by state and federal laws. See    Criminal Law .

 

General PracticeGeneral practice concerns the attorney practice of law in more than one professional specialty such as business law, corporate law, criminal law, employment law, personal injury law, malpractice law and probate law. Legal issues include attorney registration and licensing, client funds management and accountability, professional liability or malpractice insurance requirements, professional responsibility and legal ethics, duties and responsibilities, continuing legal education requirements, and disciplinary practices and procedures.

 

Health Care: Health care law concerns the regulation of hospitals, healthcare facilities, health maintenance organizations and health care professionals such as doctors, physicians, dentists, psychiatrists, psychologists, nurses and other health care practitioners. Legal issues include accreditation, licensing, certification and registration requirements, antitrust matters and unfair trade practices, health insurance or managed care plans, claims practices and procedures, peer review or utilization review procedures, and alternative medical treatments. See   Health Insurance,   Medicare and Medicaid.

 

Libel, Slander and Defamation: Libel, slander and defamation of character are tort claims (civil or private wrongs) that permit a recovery for damages caused by making or publishing false oral or written statements or factual misrepresentations about a person's reputation. Legal issues include the nature of the publication, whether the victim is a private person or a public or political figure, whether the false publication is made with knowledge or malice, the burdens of proof, the availability of defenses (truth, privilege or opinion) and the measure of damages. See   Communications and Media.

“Findings of Fact” in Consent Orders and Orders from hearings have this section heading.  It would be more appropriately titled “Findings of Fiction”.  The NCMB and it’s personnel are liable for this.

 

Medical MalpracticeMedical malpractice concerns the civil or tort liability of medical or healthcare professionals, physicians, doctors, surgeons or nurses for wrongful acts or omissions, negligence or misconduct during the performance of professional services. Legal issues include statute of limitations (time limits to file suits), physicians' duties and obligations, the standard of care within the medical community, expert testimony or witness, the measure of injuries or damages, informed consent and the vicarious liability or liability of physician's employer. See   Birth Injuries,   Medical Malpractice  .

The NCPHP has a policy of misdiagnosis in order to assist the NCMB in exacting long-term, harsh punitive action against licensees with allegations against them.

 

Personal Injury:  Personal injury law concern the recovery of money or monetary damages as compensation for physical or psychological damages suffered by a person that results from tortuous conduct or a private or civil wrong or injury caused by another person or entity. Recoverable damages typically include medical expenses, lost income, property damage, pain and suffering, emotional distress and loss of consortium (loss of spousal companionship). Legal issues include proof of liability or misconduct, scope and extent of injuries and proof of damages. See    Automobile Accidents ,    Dog Bites ,    Head and Spinal InjuriesMotorcycle Accidents ,    Nursing Home Litigation ,    Railroad Accidents ,   Sexual Abuse ,    Slip and Fall ,    Trucking Accidents ,    Wrongful Death .

What person who has been persecuted by the NCMB has not suffered some degree of psychological damages, ranging all the way to suicide?

 

Privacy LawPrivacy law covers two important interests, avoiding the disclosure of personal information and making certain kinds of decisions free from intrusion. Our federal constitution recognizes a right to privacy in raising families and other privacy matters. Statutes provide privacy protection to medical, credit and financial information, school and employment records, and communications. Other statutes permit governmental intrusions of private matters. An attorney should be consulted when certain invasions of privacy can be the cause of lawsuits. See   Communications and Media

Privacy violations are a routine violation noted after a review of a decade of NCMB actions.

 

RICO:  RICO is the federal Racketeer Influenced & Corrupt Organizations Act or organized crime statute that punishes the participation in a pattern of two or more racketeering activities. Racketeering activities include syndicate gambling, loan sharking, murder, kidnapping, robbery, bribery, extortion, obscenity and drug trafficking. Punishment is generally 20 years of imprisonment but can increase if the racketeering activity carries a higher sentence. Several states permit consecutive sentences for the RICO violation and the racketeering activity.

Four major criteria have been met which qualify an investigation into the NCMB per Racketeer Influenced and Corrupt Organizations Act the (RICO Criteria)

 

TheftTheft or larceny concerns those crimes or criminal offenses where the basic act is the intentional taking or stealing of a victim's property or the appropriation of the victim's property without consent. Some theft crimes include robbery, larceny, embezzlement or criminal conversion, knowingly acquiring lost property, possession of stolen property, writing bad checks or forgery, unauthorized use of an automobile and extortion (theft by force). Legal issues include burden of proof, sufficiency of the evidence and available defenses. See   Criminal Law.

Taking property without consent includes removal of a medical license without true and appropriate due process; another specialty of the NCMB.

 

White Collar CrimeWhite collar crimes are criminal offenses that are typically committed by business or government professionals. White collar crimes include criminal embezzlement or the unlawful appropriation of money or property entrusted to the offender or defendant and anti-money laundering (converting illegally obtained money to "clean" money through legitimate business transactions), insider trading, RICO or racketeering crimes and criminal fraud such as credit care fraud, insurance fraud, Medicare fraud and securities or investment fraud.

This about sums it up…

 

Wrongful Death:  Wrongful death and survival actions are lawsuits in tort (a civil wrong or injury) in which decedents and their families are entitled to recover money damages from the negligent wrongdoer or plaintiff for causing the decedent's death. Legal issues include the wrongdoer's duties and obligations towards the decedent, the extent of the wrongdoer's liability, negligence, recklessness or tortuous conduct, the decedent's contributory or comparative negligence, and the assessment or measure of compensatory or punitive (punishment) damages. See Personal Injury.

An unfortunately all-to-common outcome…