Nathan Sass

Doctors Violate Professional Ethics for Unions

In Politics, Scott Walker, Tea Party, WI Budget Battle on February 19, 2011 at 5:00 PM

There are now multiple reports, complete with photographic evidence and video evidence, that multiple physicians have engaged in a willful and deliberate violation of the AMA Code of Ethics.

According to the AMA Code of Ethics

II. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities.

III. A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient.

http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/principles-medical-ethics.shtml

Violations of this code could result in penalties up to and including expulsion from the AMA.  But that is the least of these doctors worries.

These doctors are knowingly and willfully providing false doctors excuses to teachers who they know will be using them to receive sick pay from the local school districts.

What that means is that these doctors are in violation of WI statute 943.39(3) which states (emphasis added):

 943.39 Fraudulent writings. Whoever, with intent to injure
or defraud, does any of the following is guilty of a Class H felony:

(1) Being a director, officer, manager, agent or employee of
any corporation or limited liability company falsifies any record,
account or other document belonging to that corporation or limited
liability company by alteration, false entry or omission, or
makes, circulates or publishes any written statement regarding the
corporation or limited liability company which he or she knows
is false; or

(2) By means of deceit obtains a signature to a writing which
is the subject of forgery under s. 943.38 (1); or

(3) Makes a false written statement with knowledge that it is
false and with intent that it shall ultimately appear to have been
signed under oath.

History: 1977 c. 173; 1993 a. 112; 2001 a. 109.
Sub. (2) does not require proof of forgery. State v. Weister, 125 Wis. 2d 54, 370
N.W.2d 278 (Ct. App. 1985).

http://legis.wisconsin.gov/statutes/Stat0943.pdf

Every single submitted note constitutes a class H felony charge under this provision, and is punishable by a fine of $10,000 , 6 years in prison or both….per conviction.  If you assume that these doctors have signed hundreds of these notes each, that means they are each facing hundreds of thousands of dollars in fines at minimum.

Furthermore, each of these notes becomes an official document when the teacher submits it to the school district to qualify for sick pay, and as such are subject to discovery and open records requests.

Finally, each of the teachers that submit the knowingly false notes are also subject to prosecution under the same statues, and also faces termination for cause by the school district.

I am calling on JB Van Hollen to immediately initiate an investigation into this criminal behavior. 

I would request that he investigate and determine if the unions and other organizers of the protests arranged for these physicians to provide these false excuses, and assemble RICO prosecutions of each of the groups.

In that case, each of the members of the leadership of each group is equally chargeable under the RICO statute for the fraud they participated in.  RICO statutes allow for broad prosecutorial discretion and carry enormous financial penalties.

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  1. These doctors need to be brought up on ethic’s charges.

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