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A Must Read!!
The CPRJ has been fighting for the rights of
medical professionals since 2000. We have developed custom
strategies to address both the type of accusations as well as
the source. In addition to services to individual practitioners,
we are involved in changing the political climate to be
friendlier to both physicians and patients. We have helped
medical providers retain their profession and regain their
thing to do when Sham Peer Reviewed,
Summary Suspended or
when you get a Letter from your State Medical Board
Should Ask and Know the Answers for
before responding to any
- "Extra" Judicial or "Extra"- legal services. Necessary
services that your lawyer does not offer The opposing side enjoys
"immunity" and as such, it takes away any advantage the Peer Reviewed Doctor
- Experienced consulting in sham peer review process
- Experienced advocacy
- Management of the media to get the truth out, if
- Consulting Sham Peer Review Defense
- Legal Consulting by independent, Center lawyers
- Legal Referral Service. "The best lawyer is not the most expensive one."
Is your lawyer CPRJ Certified? Check with us for one
in your area.
- Lectures on "Physician Peer Review Abuse"
and/or State Medical Board Abuse to your organization or medical society
- Protecting your practice from some of the possible
pitfalls that may result in sham peer review by offering
compliance training to your staff... Prevention is the
- Other services
We are available to lecture and have presentations on the following topics:
- Physician Peer Review Abuse (Sham Peer Review)
- State Medical Board Abuse
- National Practitioner Database Solutions
- Medical Office Compliance (Dr Willner is a
Certified Medical Office Compliance Officer)
follow link to find out why you need this resource
- A topic of your choice.
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Your personal information will be kept in strict confidence
and only used to answer your questions or update you on events.
SHAM PEER REVIEW
Description of disease:
The scientific method generally involves collecting data,
making observations, developing theories on the basis of
those observations, performing tests of those theories under
controlled circumstances, and finally, taking a course of
action if those tests prove the theories. Sham peer review
is a backward malignant bastardization of the scientific
method. It involves making a decision to take the action,
then asking minions to collect the data to support the
arbitrary decision. It happens in the corporate world every
day, i.e., an executive wants to fire an employee, so he
asks his lackeys to "get the documentation". This is exactly
what happens to physicians in sham peer review as well.
Peer review is a healthy, scientific, positive process by
which physicians review what their peers are doing, looking
at variances, and studying the how simple outcomes of these
variances, and then making recommendations based on these
studies. If Dr. X does things differently from Dr. Y and Dr.
Z, let's look at Dr. X's outcomes, and if they are not as
good as Dr. Y's or Dr. Z's outcomes, perhaps Dr. X might
consider changing his methods in order to improve patient
care. The course of action usually involves additional
education, and punitive actions really have no role in this
type of process.
Sham peer review however is not at all concerned with
improving patient care, it is usually motivated by corporate
profits, greed, or sometimes merely as a personal vendetta
if there has been a long-standing or intense animosity
towards the physician. It is intended to get a physician
"out of the way", perhaps kicked off of a medical staff, or
even imprisoned, because he stands in the way of corporate
profits even, or especially, if he is a whistleblower on the
corporation's illegal or dangerous actions, although the
physician may be acting out of a genuine concern for patient
safety and care.
Sham peer review is routinely used by hospital
corporations and is currently at epidemic proportions. We
know of many outstanding, good, ethical physicians who are
currently no longer practicing his profession and support
their families. Corporations use lawyers, the physician's
personal enemies and economic competitors, and even
legislators and law enforcement officials to help them in
this bastardization of the peer review process. Sham peer
reviewers are often successful if their financial resources
dwarf the monetary resources of the physician they are
trying to destroy. One of the main difficulties which the
sham peer reviewer faces is keeping his true motives hidden,
so the corporations which have slick public relations
departments and are skilled at press releases, are often the
A good general rule is, any charges against a physicians
methods which are not the result of medical staff committees
staffed by physicians acting in accordance with medical
staff bylaws, is strong suspicion for "SHAM" peer review.
Truth often has no meaning in the sham peer review campaign,
only the amount of efficient "spin" which the sham peer
reviewer can generate, much in the same way that a lawyer is
not interested in the truth when he is defending a known
murderer, or a prosecuting attorney is interested in the
truth because he simply wants to win his case also. Evidence
which interferes with winning cases, even if it is truth, is
generally disregarded or hidden. It is very common that the
physician targeted for Bad Faith Peer Review has no history
of medical malpractice suits or complaints to the State
An effective treatment is to consult with the
Center for Peer Review Justice. We invite your
email at info@PeerReview.org or a call on the Sham Peer
Review Hotline: 504-621-1670.
Educating Doctors Against Sham Peer
Frequently the careers of physicians
and other medical professionals are
threatened by sudden challenges, many of
which are motivated by bad faith on the
part of hospital administrators and
If you are being accused of providing
substandard care, being a "disruptive
physician" or any other claim that calls
into question your ability to practice
medicine safely, you could be facing
consequences including the following:
- Loss of
- Loss of your license
- A listing in the
National Practitioner Data Bank
- Administrative, regulatory or
- Federal health care programs
You need an experienced team with custom strategies to guide you through each
stage of the process and stand up for
your rights. The administrative
hearings do not follow the same "due
process" rule of law that are used
in a courtroom.
Are you and your legal team experienced
in these frequently closed door
26 Oct – Nashville
Board of Directors is proud to announce
that Dr. Richard Willner, is the
Semmelweis Society International “Clean
Hands Award” recipient for 2010.
litigation is not for everyone, but Dr.
Willner has successfully kept physicians
employed – even when facing seemingly
very time-consuming. One is out of the
operating room for prolonged periods of
time, it costs a fortune and the rate of
success is very poor,” says Willner.
In one case, Dr.
Willner’s work led to the resignation of
an entire State Podiatric Medical Board.
Among the many
‘thank you’ letters are examples of
gratitude for expunging records,
reinstated licenses, and prevented data
banking – cases that included a
neurologist subjected to a criminal
trial. Thanks to Dr. Willner, his
medical license was reinstated.
applies a sound approach to prevent Data
Banking by counseling physicians labeled
as “disruptive” and getting them back
into practice within the specified time
limits. In extreme cases, he has had
cases expunged entirely.
SSI commends Dr.
Willner for untold hours of mentoring
and counseling. His body of work
attests to his love of medicine and deep
admiration for honorable physicians.
information about Dr. Willner, contact
FOLLOW-UPS - shared with permission of our former
clients. Not all of our clients wish to divulge their stories
15 + YEARS --
12 YEARS -- PHILIP LEONARD
12 YEARS -- ARIZONA
7, 8 YEARS -- FEMALE ENT 18 months out of the OR. got her back
into her own OR. No Courts
We just had EIGHT Year Follow-up of a Sham Peer Review
What is interesting about this case is that this surgeon was
suspended, and we got him back to the SAME hospital O.R very
quickly., No data banking, No referral to the Physicians Health
Program, No referral to the State Medical Board , AND we were
able to get this entire matter expunged. This was 5 years ago
and there have been no "Reactive Sham Peer Reviews". He knew
that I was available at the other end of the phone. And, yes, he
called me thru the years and we "talked out" every professional
issue he had.
No question this is an unusual case with a perfect ending. Every
doctor I work with knows that like in Medicine and in Law, there
are no guarantees, no assurances and no refunds. Frankly, it is
very challenging to get a win as the Hospital has EVERY legal
advantage as well as IMMUNITY. The period of the suspension for
the surgeon is a time of unspeakable stress and overwhelming
fear. Much of what goes on in Sham Peer Review is not within my
control or influence. That is just common sense. This surgeon
listened to me intently and followed my suggestions. He
understood that the accepted literature on Sham Peer Review
reveals a zero to 5 percent success using "traditional methods".
It has been my pleasure and privilege consulting with Physicians
and Surgeons over the past 15 years. --- Richard Willner 2/20/15
Richard, I am sitting here today after coming back from a
consult wearing the same scrubs that I was wearing Friday July
13, 2007. I know these are the fateful scrubs since I can still
see the pen marks of hasty notes I made on the scrubs after the
hospital chief of staff summarily suspended me on Friday the
At the time, I had no clue what the summary suspension meant. I
did not understand what peer review meant and ultimately I had
no clue what I was facing. My mother was a retired physician and
as a woman minority she had only one piece of advice FIGHT. She
was willing to lend me her retirement money to set things
straight. In the days that followed I spoke with colleagues,
risk managers, and proceeded to undergo a sham peer review which
felt like I was in wonderland thru the looking glass. My friends
at the hospital were worthless and now I know who my true
Everyone told me get an attorney, sue, claim discrimination
etc... I still cant remember exactly how I found you but I
believe it was after I Gogled some articles about hospital
review and found the term "peer review". That ultimately led me
to a cross road. I had contacted 3 attorneys and you. I was
surprised when you called me so quickly and your original
supposition/observation that I might be stressed out was 1000%
correct. When you meet someone on the internet it is hard to
believe if what they are saying is true or complete fabrication
so we talked and talked and talked.
I took your advice, testing it along the way. I was able to turn
the heat/anger down by taking a conciliatory route while at the
same time negotiating with the hospital with an attorney that
was interested in solving the problem not dragging it out. After
comparing notes with other physicians which spent 50,100, 200,
300 thousand dollars I realize how lucky I was.
Thank you for taking the time to speak with my mother (retired
neurologist) since she was the only person whose advice I
trusted and she wanted to fight to the last dollar. I am also
glad that I took you advice on avoiding publicity, public
discussion, reports to JCAPHO and the state. Ultimately those
efforts would have painted the hospital and medial staff into a
corner and they would have National Practitioner Databanked me
as well as reporting me to the state board for certain.
Your advice reminds me a lot of the cognitive benefit of the
internist. Sometimes doing nothing or advising to do nothing can
avoid unproductive costly intervention and mistakes. That is a
lot more difficult to quantify then performing a surgery but far
more valuable to the patient. Unfortunately not all patients
appreciate that when I give them advice to have no surgery or
prescribe no medications during a consultation. The cognitive is
truly very difficult to quantify.
The end result of my current summary suspension is that the
summary suspension has been lifted, full privileges have been
restored and the chief of staff has agree to expunge the summary
suspension. I was able to settle with the hospital with an
agreement which left my privileges intact and was a complete win
for me. The hospital Medical Executive Committee has approved
the agreement and last I heard from the attorney the board will
endorse the MEC approval.
Just in time for my birthday today! That was a hell of a gift. I
wish it had a receipt so I could return the damn thing but it
was a tremendous learning experience.
Thank you for all your advice and I have referred a few
colleagues who have been databanked or have a peer review sham
S. O. MD
Call The Center at 504-621-1670 or
email us for details
- More TBA
Dr Richard Willner,
Faculty member in Seattle
Thrive - Not JUST Survive III:
Proof Your Practice"
Agenda from San Antonio Conference
Thrive - Not JUST Survive II:
Proof Your Practice"
Dr Willner quoted or featured in
(click on link to read article)
Should " DUE PROCESS RIGHTS "
be part of hospital peer review?
By Judge Scott E. Segall and William Pearl, MD
....There is no federal statute that
requires peer review committees to observe due process, which the Supreme Court
has defined as giving written notice of the actions contemplated, convening a hearing, allowing both sides to present evidence at the hearing,
and having an independent adjudicator
... Because the HCQIA
mandates the reporting of disciplinary actions of peer review committees to
the National Practitioner Data Bank, such a report could harm a physician's
career throughout the nation
there is no requirement that the physician be given notice and an opportunity to
be heard, and there is no requirement that members of the peer review
committee be unbiased. The HCQIA recommends that the physician should get
notice of the allegations, time to prepare for a hearing, a list of witnesses,
the right to legal counsel, and an impartial fact finder.
... However, the act
concludes "A professional review body's failure to meet the conditions
described in this subsection shall not, in itself, constitute failure to meet
the standards of this act)."
failure of the HCQIA to require due process calls into question the fundamental
fairness of the medical peer review system..
...The purpose of requiring due
process is to ensure that the actions taken are not arbitrary, capricious, or
unreasonable. Where there is no due process, the system invites abuse
...Peer review in its current form
fails to protect an investigated physician from committee members having an
economic or personal bias. Economic bias occurs when a committee member has a
financial interest in the outcome.
...Personal bias is inevitable when
coworkers judge each other. Some people are very likable, and others illuminate
the room by their absence.
...Federal law prohibits a federal
judge from hearing cases in which his impartiality might reasonably be
questioned or in which he has a financial interest (11). The same standards
should apply to member of a peer review committee. The potential for abuse when
these suggested procedures are not followed would indicate the need for
mandatory due process.
...The effects of an adverse peer
review decision are no longer limited to the relationship between a physician
and a hospital. The decision becomes part of the National Practitioner Data
Bank. Medical peer review must provide physicians the protections
of due process.
These are excerpts...for
Full Article follow Link
- Check out our new affiliate at War on Doctors
- There has been a battle pursuing doctors for
years. Now it seems to be on all fronts.
Enlist in the Battle.
to do when your lawyer
did not give you the success he implied
Is your lawyer CPRJ Certified?
Are "TIME", "NEWSWEEK" and
"USA TODAY" Going To Be
Join the Battle!
Follow link for
What Others are Saying about the
We do not
showcase our wins as people deserve their privacy. However,
I do show their "Thank you notes" with their initials
with their permission.
section is moving to a new section
please follow link
"Dr. Willner is an experienced
advocate. He represents
physicians and other licensed
health care providers around the
country who have been accused of
wrongdoing and are facing the
loss of their hospital
privileges and / or their
license to practice medicine.
Notably, Dr. Willner has been
able to succeed in cases where
legal representation may have
failed. While there are some
cases where even Dr. Willner may
not ultimately prevail, his
clients are assured of a
hard-fought battle on their
behalf. As an attorney, I
heartily welcome Dr. Willner's
expertise and assistance in peer
review cases." October
Great Results, Personable, Good
"Actually, I have asked his
advice and he has mine, and we
both discussed the problems with
sham peer reviews, since , I
have been one who has paid a
deep price for thinking outside
the box. I also discuss how we
are all not built perfectly
mentally and how we are all
being beat up both mentally and
physically from the stress of
He has helped me understand the
nature and unfairness of this
beast, and then has tried to
find any solutions to my
dilemma, which is more than most
of my colleagues could do.
He is a good guy, a little nuts
(who isn't) and he is still
trying to slay the dragon. Carry
on, Richard , The NEW Orleans
Expert, High Integrity, Creative
Dr. Stu Rosan
I hired Richard as a Business Consultant in 2007
Richard is very passionate about
his career and this is not a
popular job-fighting the
establishment powers of the
health world about their abuse
of power in punishing doctors
because of their beliefs .
A very thankless job , and more
doctors should appreciate that
Richard is one of the few true
advocates in keeping the health
world as fair as possible to
Plus he is a little crazy in a
April 15, 2012
Defining the terms-- (more listed in
Members Only section)
Definition of Professional Misconduct
Peer Review Principals - general
concept of peer review- multi-disciplinary
Additional Definition of Professional Misconduct, Limited
(CA) Background Paper on Medical Peer
Review - defines "805
Requirements for the Dr Expert Witness
- (more listed in
Members Only section)
Links for Legal Research - includes legal precedents
Heath Hippo: Quality Assurance
- US Statutes and Administrative Codes
- Dr Brian Gale
- podiatrist in North Dakota. It's bad news when your
competition "owns" the State Board of your specialty. A Peer Review
Justice client that has his license back and is catching up on his bills.....he
also unseated most of the state board and changed the state
I have the scars of a sham peer review!
Dr. Philip J Leonard
- NEVER place a bottle of lidocaine or keep a cell phone
in your pants pocket.
"Peer Review Can Be
Links Select Site
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