• U.S. 5th Circuit Court of Appeals Rules in Favor of AAPS and Remands Suit – 12/02/2010
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• Oral Arguments in AAPS v. TMB before the U.S. Court of Appeals, 5th Circuit – October 6, 2010
  Listen to Oral Arguments 
• AAPS v. Texas Medical Board – Reply Brief of Apellant AAPS – Filed in U.S. Court of Appeals, 5th Circuit – 05/10/2010
  Read Brief 
• AAPS v. Texas Medical Board – Brief of Apellant AAPS – Filed in U.S. Court of Appeals, 5th Circuit – 02/18/2010
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• AAPS v. Texas Medical Board – Record Excerpts – Filed in U.S. Court of Appeals, 5th Circuit – 02/18/2010
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• Video Update 2/5/2010 
• Video Update 6/5/09 
• CSHB 3816 Set for House Vote Wednesday! 
• URGENT: May 14th deadline
   
• Board that disciplines doctors may be reined in. – By Mary Ann Roser – AMERICAN-STATESMAN STAFF – 4/15/09 
• AAPS Responds to TMA Opposition to HB 3816 
• April 14: day of reform for the TMB 
• Action is Needed Immediately to Stop the Harassment of Doctors by the Texas Medical Board
  4/3/09 – Read More 
• AAPS Applauds the Resignation of TMB President Roberta Kalafut, Mari Robinson Should Resign Next – 12/12/08 
• AAPS Opposition to Motion to Dismiss – 10/24/2008
  Read Brief
  Read Appendix to Brief
  Read Proposed Order 
• AAPS Files Motion to Compel Defendant Texas Medical Board to Comply With Plaintiff’s First Request for Production of Documents – 09/22/2008
  Read Motion
  Read Appendix to Motion 
• Press Release – AAPS Files Suit Against Texas Medical Board – 12/21/2007 
• AAPS Files Suit Against Texas Medical Board – Read Complaint (PDF) – 12/20/2007 
• Listen and Watch Texas House of Representative Hearings on the Texas Medical Board 
• District Attorney asked to investigate Texas Medical Board officials – 11/10/07 
• Kalafut Should Be Investigated – Editorial for the Houston Community Newspaper – Steven F. Hotze, M.D. – 10/25/07 
• Texas Medical Board under fire – 10/23/07 
• Texas Medical Board Watch – www.texasmedicalboardwatch.com 
• Refusal to discipline physicians for sham peer review 
• AAPS Letter to Texas State Board of Medical Examinersasking to file a formal complaint for unprofessional conduct by James Knochel, MD; Charles Levin, MD; and John F. Harper, MD – 3/6/2006 
• Statement by AAPS to the Sunset Review Commission for the Texas State Board of Medical Examiners – 11/16/2004 
• Suggestions by AAPS for the Sunset Review Sunset Review Commission for the Texas State Board of Medical Examiners – 7/12/2004

1. Manipulation of anonymous complaints;
2. Conflicts of interest;
3. Violation of due process;
4. Breach of privacy; and
5. Retaliation against those who speak out.

“The situation has reached the crisis point for patients and doctors,” said Jane M. Orient, M.D, Executive Director of AAPS. “Our members are too afraid of retaliation to sue the Board as individuals.”

The lawsuit specifically points out misconduct by Roberta Kalafut, the Board president. The law suit claims that Kalafut “arranged for her husband to file anonymous complaints again other physicians, including her competitors in Abilene…”

She then “…worked inside the TMB, with other defendants, to discipline doctors based on anonymous complaints filed by her physician husband.”

The lawsuit also charges that Kalafut and Donald Patrick, Executive Director, knew about the conflict of interest of Keith Miller while he was Chair of the Disciplinary Process Review Committee. Miller served as plaintiffs’ witness in at least 50 cases brought before the Board without disclosing that to the disciplined doctors or the public.

During a marathon 11-and-a-half hour legislative hearing about the Texas Medical Board on October 23, 2007, Kalafut and Patrick admitted under oath that they were aware of the conflicts of interest.

“It seems clear from the sworn testimony before the legislative committee that they knew about the problems and had done what they could to hide them,” said Dr. Orient.
 

The lawsuit demands that the Court put an immediate stop to abuses by the Board, and that previous disciplinary actions tainted by the Board’s violations be re-opened.

“Doctors in Texas should not be forced to practice in this atmosphere of fear and intimidation,” said Dr. Orient. “Complaints from our members have identified the TMB as probably the worst in the country. It’s bad for patients when their doctors are afraid that doing the right thing could result in licensure action.”

COMPLAINT AVAILABLE: A copy of the complaint is available at www.aapsonline.org.

NOTE: AAPS is a non-profit, professional association of physicians in all specialties, dedicated since 1943 to protection of the patient-physician relationship. It accepts no corporate or government funding, and its board members and officers serve without compensation.”

Doctor Brian West was sued for malpractice six years ago by patient Tina Minasian. Her attorney discovered that Dr. West had two DUIs, the most recent was in 2000, after the California Diversion Program illegally released Dr. Brian West’s “confidential” Diversion file to the public. Having no evidence of malpractice, Ms. Minasian and her attorney made their entire case about character assassination, attempting to portray Dr. West as a dangerous drunk doctor with a “dirty little secret.” Their goal was to embarrass and blackmail Dr. West into settling out of court. He refused, and at trial in 2005, judgment was found in favor of Dr. West. Winning the case did not end to the personal ad hominem attacks; it was only the beginning of a living in Hell. Subsequently, this sad, defeated, angry, depressed and bitter woman, in collaboration with her attorney, sought revenge against Dr. West. They have done everything in their power and control, legally and illegally, ethically and unethically, to harm and destroy Doctor Brian West professionally, personally, and financially for over 6 years. This spiteful patient, Tina Minasian, lost her appeal November 2007 as well as her second appeal petition on January 7, 2008. On March 12, 2008 the California Supreme Court denied Ms. Minasian’s petition for review. Justice has prevailed! July 2008, Tina Minasian’s sixth complaint to the California Medical Board was tossed out, as were the first five.

Ms. Tina Minasian refuses to take responsibility for her poor lifestyle choices, her obesity and her nicotine addiction. She lied to Dr. West and smoked against doctors orders. She attempted to hide deception but the damage to her initial excellent surgical results was obvious. Her smoking led to poor incision healing and killed her belly button. Additionally, her ponderous weight gain (over 40 pounds) strained surgical closures and ruptured sutures. Imagine taking a pair of pants to the seamstress to be taken in. What happens when you gain a bunch of weight and force the pants back on? The seams rip open. Drop some hot ashes onto the strained material and observe the damage. Dr. West put neither the nicotine laced cancer sticks in Tina’s mouth nor the excessive calories around her waist. She now wants to blame her doctor for her choices to smoke, eat to excess, gain a bunch of weight, for not fixing her marital problems with her husband, Jeff Minasian (Case #99FL04431 under family law, filed on July 9, 1999 by her husband- Jeffrey Minasian), for not making her a super model, for not making her rich, and on and on.

For revenge and out of malice, Tina Minasian has spent over six years soliciting patients to file complaints with the medical board and sue Dr. West. Upon her disgrace of losing her lawsuit, Tina Minasian started a slanderous blog/website full of partial truths and falsehoods, and outright lies about this doctor. This lady knows no shame; her website/blog is riddled with outrageous and patently false allegations and accusations portraying him as a doctor who operates while drunk, and who butchers and kills people. Ms. Minasian made flyers that looked like “wanted posters” and Consumer Reporter Kurtis Ming paid for postage and sent these mailers to every patient of Dr. West’s in Northern California portraying him as an impaired physician and soliciting them in their vendetta. She has violated and repeatedly invaded every patient’s privacy by contacting them at their homes. She (I’m sure with the help of Kurtis Ming) had a sponsored link directing people to her blog of lies. In 2003, Tina attempted to put an illegal lien on Dr. West’s home. In a Sacramento Court Room in 2005, Tina even threatened to physically harm Dr. West’s wife. Tina and her posse have resorted to “anonymously” bad mouthing Mrs. West on the internet. Purely for misdirected rage and revenge Tina and those who have joined in her attacks will do anything, and say anything, in an attempt to hurt and destroy this fine doctor and his innocent family. Solicited complaint made by Laura Contreras to the California Medical Board was tossed out July 2008. T.M.’s (not Tina Minasian) solicited complaint to the Medical Board about the surgery she claimed Dr. West performed was thrown out because Dr. West was never her surgeon!

Several former patients of Dr. West have joined Tina Minasian in her attacks via the Medical Board, but only after being repeatedly contacted and harangued by Tina. Several also filed law suits against Dr. West. The cases have all been dismissed with prejudice for lack of evidence of harm, damage, or malpractice. The Courts, Boards, Monitors, etc have repeatedly and consistently determined Dr. West practiced excellent and appropriate medicine, and was NEVER impaired while treating any patient, ever. Every doctor, nurse, and colleague that ever worked with Dr. West at his office, the clinics and the many hospitals where he operated, testified that they never smelled alcohol and absolutely never suspected he was under the influence at any time. They all supported and respected Dr. Brian West, and all who were asked, freely testified on his behalf. Most of these patients had cancer and went to Dr. West for reconstructive surgery. One lady died of her cancer, yet her family claims it was the plastic surgeon’s fault. Simply not true! They claim that because Dr. West got two DUI citations, that must be why they had complications! Every patient does not heal perfectly, especially if one is obese, smokes, has additional cancers, has hepatitis, or doesn’t follow the doctor’s instructions and directions. It is easy to blame the doctor. All want money for their problems. Nothing is mentioned about how the instigating crazy lady lost her malpractice case against Dr. Brian West; nothing is mentioned about how she smoked against doctors orders (along with many of the other complainants); nothing was mentioned about how she unsuccessfully solicited Dr. Brian West’s staff to lie on her behalf in court; nothing is mentioned about the police report that proves Dr. West was NOT going to treat any patient when he got a DUI; nothing is mentioned about how there was appropriate consent for surgery on each and every patient and procedure; never mentioned is the name of the doctor who actually created the hernia, etc, etc, etc…… Dr. West’s medical license was NEVER suspended. Dr. West was never charged with Medi-Cal Fraud, nor did he have to pay back any money to Medi-Cal. Dr. West is NOT going to lose his medical license. There is NO MALPRACTICE with any patient! Dr. West regretfully settled the case with the lady with the hernia. After 5 years of successful practice, it was the first lawsuit ever filed against him and he didn’t realize that settling it would haunt him forever. He didn’t feel he was at fault for her outcome because she was almost healed when she left his care. The grotesque hernia of this patient is the work of another surgeon, NOT Dr. West. Her surgeries were ALL appropriately consented. All cases that are settled by any Physician are reported to the Medical Board for review by Physicians to determine if there was negligence. This case was reviewed and closed many years ago because they determined there was NO NEGLIGENCE and NO MALPRACTICE! This case was included in the original accusation illegally, that is why the Judge threw it out. The AG broke the law. Those patients denigrating Dr. Brian West are protected by the 1st Amendment’s guarantee of freedom of speech. Starting websites attacking doctors is the newest trend. A doctor’s ability to defend himself is limited due to patient confidentiality and HIPPA laws.

Linda Starr-Mills, whose husband was a Malpractice Attorney, filed a suit against this doctor; it was dropped when the evidence showed NO MALPRACTICE. Her complaint to the Medical Board was also thrown out. Ken Mikulecky and his wife filed a law suit against this doctor; it was dropped when the evidence showed NO MALPRACTICE. For the same reason, Ken Mikulecky’s complaint to the California Medical Board was tossed out in July 2008. Ken Mikulecky “claims” his wife told him she smelled alcohol on the doctors breath…..excuse me but if my loved one was about to have surgery, I would check for myself before I would let that doctor do surgery. Nobody else smelled alcohol on Dr. West. In his deposition, Mr. Mikulecky stated otherwise. Mr. Mikulecky is making it up! Sharon and Ken Mikulecky, Sharon’s sister Fern, Becky Anderson, Becky Anderson’s sister Sherry Bural, Tina Minasian, Jeffrey Minasian, Linda Starr, and Judy McDonald all testified at their depositions that they never smelled alcohol on Dr. West or suspected impairment. Funny how their stories repeatedly change. These patients had surgeries between 1998 and 2002. These patients will do and say anything now to attempt to destroy this good Doctor. This is their mission in life. If you read every story starting back to 2005, it’s coming from the same people and it’s the same story. They are like a pack of rabid dogs.

After Tina Minasian lost her malpractice case, she found a Bottom Feeding Consumer Reporter from the lowest rated TV news station in her area and together they aired several news stories portraying Dr. West as a “drunk doctor” who butchers patients. The stores were sensationalized and full of falsehoods. This “Consumer Reporter,” who has been stalking and harassing Dr. West for several years, has never mentioned anything about Tina repeatedly losing at trial, on appeal and in complaint . The “Reporter” declined to speak to Dr. West’s representatives for the other side of the story before airing his first report. Nothing that could be considered to shine any positive light on Dr. Brian West has been mentioned by him or anyone else in the media. True investigative reporting is giving both sides of an issue, not airing a biased report. This is creating news, not reporting it.

These stories are the same, tired, slanted, manufactured story masquerading as news from the same dysfunctional, bitter, dishonest and resentful people that we’ve been hearing from for over five years. Give it up, you gluttons for punishment. Doctor West’s representatives have spoken to the media many times over the past several years, most recently January 2008. The media continues to only report “allegations” by those attacking Dr. West and ignore any and all evidence that proves these claims to be false. Because of this biased and repetitive coverage, it is a waste of time and money for Dr. West’s representatives to continue this ignored dialogue with the media. Hence, this blog was published to give voice to the truth!

Doctor West NEVER treated a patient under the influence of any mind altering chemical. If he had, he would not have a medical license. The Medical Board would have yanked it in a heart beat! If Dr. West ever butchered, killed, or harmed anyone, the Medical Board would have immediately yanked his license. His life has been gone through with a fine tooth comb. NEVER has Dr. West been impaired while treating patients or while at work and he has never smelled of alcohol while at work or treating patients. Dr. West has NEVER butchered, killed, or harmed anyone! Dr. Brian West NEVER lost his license. His license was NEVER suspended preventing him from practicing. Dr. West’s office manager volunteered to sign two signatures on an AA card that wasn’t even for the Diversion Program- that’s it! We live in a sue-happy society and the actions of these crazy patients are proof of same. Dr. West NEVER lied about his credentials. Dr. West NEVER diluted any urine tests. It’s unbelievable the lies Tina Minasian and company continue to spew! Rather than being an innocent unbiased arbiter, the California Medical Board is actively holding Dr. Brian West down on the ground so Tina Minasian, Linda Starr-Mills, Julie Fellmeth, David Thornton, Judy McDonald, Kurtis Ming, Daffodil Altan, Mara Faust, et al can rape him repeatedly. The Medical Board has repeatedly abused its authority by making Dr. Brian West their political football.

No doctor should have to go through what Dr. Brian West has endured! Dr. Brian West is a kind, talented, honest and generous man, doctor, husband, father and friend. Dr. Brian West is an outstanding Plastic Surgeon! Look into those attacking him and you will find EVIL and dishonesty. Their motives are to seek revenge, destruction and personal gain.

“plaintiff testified in her deposition that during defendant’s treatment of her, she never smelled alcohol, never thought he was drunk, and never thought he was under the influence of alcohol.”

“the Medical Board ultimately found no evidence was presented that defendant harmed any patient as a result of his alcoholism.”

I particularly find the personal vendetta brought about by Tina Minasian to be disgusting! She has personally sought out patients to stand up with her on a very small soapbox of very large lies. Is this not a federal violation of doctor / patient confidentiality? Many of these cases brought to your attention five years after her initial complaints and accusations. I believe these patients had no complaints until manipulated by Tina Minasian and her attorney in subliminal process that they had. Tina Minasian has lied about contacting Doctor’s previous employees to testify on her behalf at the malpractice case she brought against doctor West. Tina Minasian has failed to mention she lied about this in court. Tina Minasian has failed to mention that 12 jurors found there was NO malpractice. This case was entirely based on the fact the Doctor had 2 DUI’s. I did testify at this trial on behalf of Doctor West. She has filed 2 appeals, which have been dismissed.

I know the accusations of patients claiming Doctor West to be under the influence while performing surgery to be false. Investigations of his peers and colleagues have been proof of these false allegations. I, myself have assisted in several surgeries with Doctor West and never was he under the influence. I also have never seen Doctor West treat open wounds with ungloved hands. This would not only be a danger to the patient but the Doctor himself.

Plastic Surgeon’s don’t cause cancer nor can they cure cancer. They can’t keep you from smoking cigarettes no matter how much they tell you not to smoke. They can’t make you listen to the risks of surgery, infections and scars no matter how many times you are told pre operatively and you placed your signature on the consents.

I have also been a patient of Doctor West. I had a fully tummy tuck. Of the many thousands of patients Doctor West had, you should also be considering those of us that are happy with the results provided. On a final note, I believe the Medical Board should look into their own department for an employee involved in the investigative and decision-making powers of ones license. A Medical Board employee drinking before and during work hours. Not to mention the discussion of investigation matters in public.

Thank you for hearing me today,

Martha

“Your body image and self-esteem may improve after your reconstruction surgery, but this is not always the case. Breast reconstruction does not fix things you were unhappy about before your surgery. Also, you may be disappointed with how your breast looks after surgery. You and those close to you must be realistic about what to expect from reconstruction.”

“Your ability to heal may be hindered by previous surgery, chemotherapy, radiation, smoking, alcohol, diabetes, various medicines, and other factors.”

“Not all surgery is completely successful, and you may not be pleased with your cosmetic result.”

Tissue Flap Procedures:

Tissue flap procedures use tissue from your tummy, back, thighs, or buttocks to reconstruct the breast. The 2 most common types of tissue flap surgeries are the TRAM flap (transverse rectus abdominis muscle flap), which uses tissue from the tummy area, and the latissimus dorsi flap, which uses tissue from the upper back. These operations leave 2 surgical sites and scars, both from where the tissue was taken and on the reconstructed breast. The scars fade over time, but they will never go away completely. There can also be complications at the donor sites, such as abdominal hernias and muscle damage or weakness. There can also be differences in the size and shape of the 2 breasts. Because blood vessels are involved, these procedures usually cannot be offered to women with diabetes, connective tissue or vascular disease, or to smokers.

Possible Risks:

Almost any woman who must have her breast removed because of cancer can have reconstructive surgery. Certain risks go along with any surgery, and reconstruction may have certain unique problems associated with it.

Some risks of reconstruction surgery are:

bleeding
fluid collection with swelling and pain
excessive scar tissue
infection
tissue necrosis (death) of all or part of the flap
problems at the donor site (immediate and long-term)
changes in nipple and breast sensation
fatigue
the need for additional surgeries to correct problems
changes in the affected arm
problems with anesthesia

Risks of smoking:

The use of tobacco causes constriction of the blood vessels and reduces the supply of nutrients and oxygen to tissues. As with any surgery, smoking can delay healing. This can result in scars that are more noticeable and a longer recovery time. Sometimes these complications are severe enough to require a second operation. You may be asked to quit smoking before surgery.

Risks of infection:

Infection can develop with any surgery. This usually happens within the first 2 weeks after surgery. If an implant has been used, it may need to be removed until the infection clears. A new implant can be inserted later. If you have a tissue flap, surgical cleaning of the wound is usually done.