No wrist-slap for name-calling rude doctor

[kwikdriver]

A judge has ordered the state Board of Medicine to stop disciplinary proceedings against a doctor accused of telling a patient she was so obese she might only be attractive to black men and advising another to shoot herself following brain surgery.

Judge Edward Fitzgerald made clear in a ruling released Thursday that he did not condone remarks attributed to Dr. Terry Bennett and found them unnecessary, but ruled Bennett had a right to speak bluntly.

“It is nonetheless important ... to ensure that physicians and patients are free to discuss matters relating to health without fear of government reprisal, even if such discussions may sometimes be harsh, rude or offensive to the listener,” he concluded in the ruling Wednesday.

The complaints against Bennett included charges that he told a white patient that she was so obese she might only be attractive to black men.

“Let’s face it, if your husband were to die tomorrow, who would want you?” the board has said Bennett told the overweight patient in June 2004. “Well, men might want you, but not the types you want to want you. Might even be a black guy,” it quoted him as saying, based on the woman’s complaint.

Bennett, 68, has denied making the comment, but has said he’s seen polls supporting that position.

“If you look at the polling, nobody likes fat women,” he said last year. “Is it right? No. Is it sensible? No. Is it true? Yeah ... Black guys are the only group that don’t mind that. Is that racist to say that?”

A 2001 complaint accused Bennett of telling a woman recovering from brain surgery to buy a pistol and shoot herself to end her suffering. The doctor was also accused of speaking harshly to a woman about how her son might have contracted hepatitis, according to the ruling.

Bennett claimed victory.

“The question now is: Will the board waste more of your and my tax dollars and appeal this, or accept done as done?” he said in a telephone interview.

Vague rules
Fitzgerald also ruled that state and American Medical Association requirements to treat patients with “compassion and respect for human dignity and rights” are so vague they are unconstitutional. Bennett probably would have won his challenges before the board, the judge said.

Bennett said he planned to sue everyone involved for “malicious prosecution.”

“I am not inclined to be forgiving about it,” he said. “It’s been devastating and infuriating.”

Assistant Attorney General Elyse Alkalay, who represented the board in the court case, said she was reviewing the ruling and had not decided whether to appeal.

Bennett could have faced penalties ranging from a written reprimand to suspension or revocation of his medical license.

http://www.msnbc.msn.com/id/13749023/

[Trinsdad]

lol That's too funny.

[Jenn123]

Hehehe... Sorry, but I don't think he should lose his license for that. Kinda makes you wonder if soon kids' parents will be able to sue other kids' parents for "emotional distress" when name-calling occurs at school.

On a related note, I've noticed that yup, at anything over 150lbs the only guys that still look at me are black guys and really old men. At 120lbs EVERY guy fell over himself to open the door for me or carry my shopping bags to the car... guys I didn't even know! It's not a formal survey but still...

[bkloots]

Kinda makes you wonder if soon kids' parents will be able to sue other kids' parents for "emotional distress" when name-calling occurs at school. I'm sure this has already been done somewhere.

I remember the original report on this lawsuit a few weeks or months ago. A rude "bedside" manner is not news in the medical profession. And I have to agree with the legal principle of staying out of doctor/patient conversations. The woman is perfectly free to choose some other doctor, and this remark did not constitute harassment (an ongoing threat to her person or job). (I don't know about the "shoot yourself" incident--that sounds beyond rude to me! But still not illegal.)

Many doctors, in an effort to keep patients coming back for important check-ups, never mention weight management. And yet, how many pills are dispensed for conditions that could be cured by weight loss and exercise? Which is more ethical and responsible?

I stopped seeing my longtime GYN when his practice turned mainly to dispensing Human Growth Hormone injections to menopausal matrons. Yeah, it's a growth industry all right--eternal youth, or the illusion thereof. He never pressured me in any way, but I got creeped out by the line-up of ladies in the waiting room.

For my part, I've renewed my relationship with an excellent internal medicine guy, who supports and applauds my personal efforts at good health, including my dietary choices.

[deirdra]

Would he have gotten a slap on the wrist if the woman with a brain tumor DID buy a gun and kill herself, following Doctors' orders?

[eryalen]

For my part, I've renewed my relationship with an excellent internal medicine guy, who supports and applauds my personal efforts at good health, including my dietary choices.
Where did you find one like that?

[nole1984]

Sterotypical views abound!!!!!

[2bthinner!]

Don't they take that oath, First, Do no harm? I'm not saying he should be sued six ways to Sunday, however, I do think he should be reprimanded. He is doing emotional harm. That, to me, is emotional abuse. You might could even put a little sexual harassment in there. Maybe she doesn't want a man to want her. She may have intimacy issues and her weight is a buffer. (I have a friend like that) It was totally inappropriate. He can be, per se, harsh; ie if you don't lose weight you will begin to develop other problems, shorten your life span, etc, he DOESN'T need to be personally insulting.

And my friend? Her doctor accused her of not following her diet, she was up 5 lbs and her TOM was due. He read her the riot act. She quit going. And due to the experience, has given up on dieting. So, this method of being "harsh" did not help her accomplish her goal. She is close to 400lbs and will NOT go to ANY doctor for fear of more of the same. And probably, since this Dr. got away with it, we will probably see more of the same. :(

[Snow_White]

I'm sorry, but that WAS rude. I agree with the above poster -- he shouldn't have his license taken away, but there should certainly be some sort of penalty given. His attitude was pathetically unprofessional and crude. Funny how some people have forgotten to use consideration and tact.

[fatnewmom]

I definitely think that his license should have been suspended. To practice medicine is a privilege granted by society & involves a great deal of trust on the part of patients. What a horrible person.

[fatnewmom]

Would he have gotten a slap on the wrist if the woman with a brain tumor DID buy a gun and kill herself, following Doctors' orders?

great question.

[Frogbreath]

(Bennett said he planned to sue everyone involved for “malicious prosecution.”

“I am not inclined to be forgiving about it,” he said. “It’s been devastating and infuriating.”)

I doubt that he will sue because that would put him back in the paper for being a jerk. Maybe he should go shoot himself in the head because now everyone knows he's an AH.

[2bthinner!]

“I am not inclined to be forgiving about it,” he said. “It’s been devastating and infuriating.”)

Gee, he shore squeals when the shoe is on HIS foot, don't he? :lol:

[ItsTheWooo]

It's like the onion or something.

[Angeline]

If he was a customer rep and treated his clients like that, he would have been reprimanded, fired, or at least moved to a non-customer facing role.

One has to wonder if his dismissive and downright rude behavior is representative of how much he cares for his patient.

But then, we don't know the whole of the story do we? Maybe those women were completely aggravating and he snapped.

Remember the press never gives you the whole of the story. Just tidbits. I would think there were some extenuating circumstances. Or maybe the doctors closed ranks publicly but told the doctor to moderate his attitude behind closed doors. Doing otherwise would have invited a flood of complaints, complaints which in most cases would be impossible to prove or disprove. This kind of thing would make it open season for all doctors.

[AmoryBlain]

He is extremely unprofessional and most likely gets a malicious kick out of how poorly he can treat his patients. Honestly, if he has a history of making off-color comments to his patients, do you really think these women are the ONLY ones? Imagine how many more are out there saying, "Yeah, he said something like that to me, too!" but never spoke up. In my opinion, I think something in HIS life makes him want to shoot himself or perhaps date black men. :)

My father is an ex-Marine and respiratory therapist. My mother is an emergency room practitioner. Both of them were appalled by this situation but agreed it's not something one would lose their license over. It's just bad form.

[LilHellion]

I think many people don't consider "Dr. Shopping". I am blessed to have great medical insurance so it makes it easier for me. When I move to a new city, I ask around about Doctors. I choose one I'd like to try. I have a "get to know you" visit and decide if I will return. I am not a "pill" person. Especially statins. I won't be pushed into medicating myself as in alot of cases I think it can do more harm than good. I won't be told how to eat. I know what works best for my body. There has to be respect. I respect the Dr's opinion and make my own choices. I educate myself about the topic at hand, as much as I can anyway. I would never consider returning to a rude, inconsiderate Dr. I deserve better than that!