I wanted to compare the attorney discipline procedure vs. how
doctors are "disciplined." I am speaking from experience because I am a
When I became a target of the California Medical Board, I was
first confronted by a 6 foot 4 gun toting "investigator, who barged into my
office in California in December, 1999. He said I was "under investigation."
When I asked him why, he didn't really know. He then made reference to a "phone
call" that came from Vermont. He wouldn't tell me what the person said. He said
it was "confidential."
The "phone call" came from 109 State Street, Montpelier, VT.
"Coincidentally" this was the same building where a man worked who I had sued.
The man was a judge. At the time the phone call was placed to California, my
lawsuit against the judge was before the US Supreme Court.
When I had my "trial" before the "California Medical Board," I
was the only doctor in the room. My opponents were the Deputy DA and this 6 foot
4 thug he sent to my office. There was not one single member of the "medical
board" actually present. The guy who made the call was not there.
One witness was called against me; the 6 foot 4 gun toting
"investigator." He admitted under oath that his only knowledge of me came from
this phone call from Vermont. In other words, his testimony was pure hearsay. I
had no witness to confront. I was assumed guilty, and told to prove myself
Once, when I asked the investigator "what am I charged with,"
he replied, "it's murky."
The prosecutors case lasted about 15 minutes. One hearsay
witness was called, and he worked for the prosecutor. No evidence was
The ALJ told me it was up to me to prove myself innocent. I
told him he was wrong, but no one listened to me.
I was told the only way I could prove my innocence was to take
a "test." The "test" was set up to have a 100% failure rate. I refused to take
the "test." They said that I "failed to comply with a board order." I didn't
"fail" to comply. I refused. I'm not going to take a "test" with a 100% failure
rate. I refused to have my privacy invaded since I once read I had a right to
privacy. They said I had no rights.
At age 44, I was stripped of my medical license and rendered
unemployed. My medical education was rendered worthless after a 15 minute
"trial." I have now been unemployed for over 5 years. Now I am blacklisted in a
federal "Data bank." Because of this, I cannot get a job. I will be unemployed
the remainder of my life.
I was given no "judicial review."
When I appealed to the federal courts, my complaints were all
dismissed without a hearing. The decisions were highly complex consisting of one
This is how doctors are "disciplined."
When a lawyer is "disciplined" he is afforded a lawyer. He
also gets to appear before lawyers. There is a 1% chance of
Doctor's are not afforded a lawyer and do not appear before
doctors. They appear before a prosecutor and an ALJ. Due process is
non-existent. You don't even get to confront your accuser. Hearsay is treated as
fact. You are guilty until proven innocent. You have no rights whatsoever. 100%
of doctors subjected to "the test" fail. (No lawyers or judges are subjected to
such a "test"). The doctors subjected to "the test" are all suspended. No
patient complaints are needed, as I had none. Malpractice is not a prerequisite
as I had none in 23 years. All that is needed to prosecute a doctor is a phone
call from out of state. Once you are "suspended" you are blacklisted in a
federal "Data bank." There is no "Data bank" for lawyers. If you apply for a
job, the "data bank" automatically sends out a little blurb with words like
"disciplinary action" and "suspension." Thus, there is no place in the world you
can go to work. You can't even volunteer in India or Mexico. No one wants
Once stripped of your career, you become permanently
unemployed. Your wife divorces you. You are forced to drain your retirement.
Your credit is ruined. You are forced to sell your home, or else it is
foreclosed on. People don't want to talk to you. And you wake up every day
knowing you have nothing to do. Without a job, you cannot rent an apartment. You
are forced to live in a van, like me. ....
Lawrence Agee, MD, JD