Failure to Hear Case Affects Care

Almost every day of the week, doctors of Orange County face a Catch-22 dilemma in trying to ensure that the public is well and diligently served. On the one hand, they are constantly accused of failing to police themselves, and on the other, they are constantly thwarted in any attempt to protect the public by accusation of self-interest and ever-increasing judicial restraints.

The action of Superior Court Commissioner Ronald Bauer in stopping the attempt of the California State Board of Medical Quality Assurance, appointed by the governor to maintain professional standards of practice, to restrict the highly questionable activities of an Orange County physician is very frustrating. According to The Times report (Nov. 15), in spite of accusations that the physician prescribes massive doses of hormones for almost any ailment and despite a statement by the BMQA that no scientific evidence for his treatment exists, and notwithstanding the fact that the physician had been previously cited by the board, the jurist not only failed to restrain the physician from this practice but, again, according to The Times and for reasons which are not clear, refused even to hear the state’s case.

The Orange County Medical Assn. and every hospital in the county maintain credentials committees and other formal boards to attempt to ensure that the public receives ethical and appropriate treatment.

From personal hours and hours of effort spent to find out what ethical, honest doctors can do to limit or eliminate spurious treatments prescribed by doctors of doubtful ability and motivation, I know that the best of professional intent is almost always stymied by the admonition of legal advisers that doctors can’t act to protect the public without exposing themselves to the real and ever-growing threat of punitive legal action, including large fines and even prison in the name of restraint of trade.

This latest mysterious action by a prominent Orange County jurist tends to support the “Oh, what’s the use” despair that more and more of us are feeling.

If doctors and their professional organizations are prevented from effective self-policing, there will be nobody left to do it but the politicians--those same wonderful folks who brought you the $900 hammer and the $300 screw.

ARTHUR D. SILK, M.D.

Garden Grove

Dr. Silk is the editor of the Orange County Medical Assn. bulletin.