Friday, November 6, 2009

Has former henchman of the Texas Medical Board, Keith E Miller MD, met his match?

In testimony under oath today, "the worst medical board member in the country" swore he's never met another doctor like yours truly. Recall that I investigated him after he manipulated the medical board to investigate me for failing to release a single lab report to a single patient in a timely manner. I must have made an impression. In fact, he swore that he is "scared to death" of me.

I exposed Miller's conflicts of interest with Blue Cross Blue Shield of Texas and his hired gun testimony for plaintiffs' lawyers, usually against his doctor colleagues, in over a half dozen different states. I exposed his nurse Bridget Yvette Hughes who, although she acknowledged the forgeries of over 50 schedule II narcotics prescriptions, was never arrested, charged, or prosecuted in Shelby County (or anywhere else) nor was she ever disciplined by the nursing board.

Although Dr. Miller knew Hughes was fired for forging narcotics prescriptions, he still hired her. He knew she continued her felonious actions while she worked for him. He knew she had agreed in a non-disciplinary order with the nursing board not to portray herself as a nurse practitioner; not only did he do nothing to stop her, he himself portrayed her as a nurse practitioner. On occasions, he was not even physically present in his office when Hughes was illegally performing as a nurse practitioner. Miller was fully aware that Hughes had agreed in an order with the nursing board not to prescribe medications, and he knew she continued to violate her order. Dr. Miller knew that CVS pharmacist Lacory Miller filled Hughes' prescriptions.

This is what LectLaw says about aiding and abetting criminal activity:

AIDING AND ABETTING - The guilt of a person in a criminal case may be proved without evidence that he personally did every act involved in the commission of the crime charged. The law recognizes that, ordinarily, anything a person can do for himself may also be accomplished through direction of another person as an agent, or by acting together with, or under the direction of, another person or persons in a joint effort.

So, if the acts or conduct of an agent, employee or other associate of the person are willfully directed or authorized by the person, or if the person aids and abets another person by willfully joining together with that person in the commission of a crime, then the law holds the person responsible for the conduct of that other person just as though the person had engaged in such conduct himself.x Notice, however, that before any person can be held criminally responsible for the conduct of others it is necessary that the person willfully associate himself in some way with the crime, and willfully participate in it. Mere presence at the scene of a crime and even knowledge that a crime is being committed are not sufficient to establish that a person either directed or aided and abetted the crime.


Questions of the day: Why does Shelby County District Attorney Lynda Russell refuse to prosecute Miller for aiding and abetting the crimes of Bridget Hughes? Why does the Texas Medical Board refuse to investigate or discipline him? Why do plaintiff attorneys hire him to testify against his colleagues?

If you, READER, have been abused or know anyone who has been abused by Keith E Miller MD, former Chairman of the Texas Medical Board Disciplinary Process Review Committee, please contact me at texasphoenix007@gmail.com

Monday, November 2, 2009

Dr. Miller's Retaliation against Dr. Shirley Pigott Exhibit A

IN THE DISTRICT COURT, SHELBY COUNTY, NO.08-CV-29961


KEITH MILLER V. STEVEN HOTZE & SHIRLEY PIGOTT


EXHIBIT A


DR. MILLER’S RETALIATION AGAINST DR. SHIRLEY PIGOTT

November 2, 2009

Dr. Miller’s Current Retaliation Efforts

  1. Lawsuit against Dr. Pigott and Dr. Steven Hotze claiming that their whistle blower claims against Dr. Miller constitute slander.
  2. Lawsuit against Dr. Pigott seeking a permanent injunction to stop Dr. Pigott’s whistle blower acts against Dr. Miller and his nurse. ( Due to Dr. Pigott’s whistle blower activity, the State of Texas has forced both Miller and his nurse to cease improper conduct)
  3. Coordinating with Wharton County District Attorney Josh McCown in an effort to send Dr. Pigott to prison. (After being stopped at night, on a dark highway, for driving 74mph in a 65mph speed zone, Dr. Pigott refused to open her car door before going to a public location.)

Dr Shirley Pigott (Texas Medical Board Watch)

Dr. Pigott formed Texas Medical Board Watch and has been working with a group of whistle blowers to expose improper, unethical conduct by the Texas Medical Board and its board members.

Whistle Blower Group

Other participants of the project include Dr. Steven Hotze (a co-defendant in Dr. Miller’s retaliation lawsuit), the Association of American Physicians & Surgeons (organization that has sued TMB) and approximately 50 additional doctors and medical personnel who are aware of the unjust conduct of the TMB and its board members.


Claims Against Texas Medical Board

The whistle blower group has accused the Texas Medical Board and its board members of allowing: 1) Anonymous complaints from insurance companies, hospitals, pharmaceutical companies, attorneys and competitors 2) Anonymous “expert” witnesses against physicians 3) Kangaroo courts held in secret 4) Denial of patients right to testify on behalf of their doctor 5) Prohibition of note taking and recordings in hearings 6) Denial of due process to physicians 7) Discipline for menial and trivial records’ findings 8) Intimidation tactics 9) Forced settlements 10) Conflicts of interest.

Whistle Blower Group’s Successes to Date

The current state of the whistle blowers’ efforts and successes is:

  1. Passage of new legislation in 2007 outlawing unethical conflicts of interest by board members of the Texas Medical Board. (This new law forced Dr. Miller to resign from the TMB)
  2. Pending lawsuit in federal court in Austin, wherein the Association of American Physicians & Surgeons is suing the Texas Medical Board. (Dr. Miller’s conduct while a board member will be reviewed in this lawsuit)
  3. Resignation of Dr. Don Patrick, the Executive Director of the Texas Medical Board.
  4. Current investigation of the conduct of the Texas Medical Board and its board members by the Texas Legislature.


Intensity of Dr. Miller’s Anger Toward Dr. Pigott

The intensity of Dr. Miller’s anger and retaliation toward Dr. Pigott is due to Dr. Pigott’s success as a whistle blower in wrecking Dr. Miller’s “gold mine” and Dr. Pigott’s acts as a whistle blower concerning criminal conduct by Dr. Miller’s nurse and family member.


Dr. Miller’s Gold Mine

Prior to Dr. Miller’s forced resignation from the TMB, a primary source of his income was from expert witness fees for testifying against doctors and hospitals in medical malpractice cases. Lawyers suing doctors or hospitals sought out Dr. Miller’s testimony, which was always that the doctor or the hospital was negligent. Dr. Miller’s opinion was extra valuable since Dr. Miller was on the Texas Medical Board and Director of the Disciplinary Committee. He was The Man;” he set the standards required of doctors and hospitals. Dr. Miller was able to pack his schedule with expert witness jobs; able to charge large fees; able to make lots of money. Dr. Miller created a gold mine by unethically using his position with the Texas Medical Board.

Before 2007, Dr. Miller was criticized for having a conflict of interest by acting as a witness against doctors and hospitals, while being on the TMB. Although the conflict of interest was clear and obvious, Dr. Miller refused to correct his improper conduct. Only after the Texas Legislature and the Governor of Texas declared, in 2007, that Dr. Miller’s conduct was illegal did Dr. Miller resign from the TMB on August 30, 2007.

Dr. Pigott provided the Texas legislature with information that led to the new law that outlawed Dr. Miller’s “Gold Mine. (Attached: Texas Medical Board Watch, Keith Miller MD, Conflict of Interest; Red Devil Award)

Dr. Millers Nurse (Bridget Hughes)

Bridget Hughes worked for Dr. Craig McMullen in 2004 and 2005. During this time, Nurse Hughes, for her own use, forged Dr. McMullen’s name to more than 50 prescriptions for narcotics. This was a crime in violation of the Controlled Substance Act. When Dr. McMullen discovered her crimes, he fired Nurse Hughes.

Nurse Hughes then began working for Dr. Miller, who is believed to be Nurse Hughes’ uncle. While working for Dr. Miller, Nurse Hughes continued obtaining narcotics for her own use. In December, 2006, Nurse Hughes admitted her crimes and surrendered her DEA license.

Acting as a whistle blower, Dr. Pigott pursued information she had been given concerning Nurse Hughes continuing to obtain narcotics, while working in Dr. Miller’s office. This created intense anger in Dr. Miller.

Keith E Miller MD is suing me for slander

Monday, November 2, 2009


Keith E Miller MD is suing me for slander because I called him a "court whore" and had Texas Medical Board Watch give him the "Red Devil Award" for 2006 and 2007. See www.texasmedicalboardwatch.com. Court whore is standard doctors' lounge talk used when referring to a doctor who will testify to whatever he's hired to say without regard for the truth. Not only did Miller do this, his testimony was particularly influential because he was chairman of the Texas Medical Board Disciplinary Process Review Committee while he was doing it. And he did it over 100 times!!...in more than half a dozen states!


While Miller was acting in the capacity of a court whore, he knew his nurse Bridget Yvette Hughes had forged and continued to forge over fifty schedule II narcotics prescriptions. In my book, that's aiding and abetting over 50 felonies. He then obstructed justice by arranging with the Texas Department of Public Safety, the Federal Bureau of Investigation, and the US Drug Enforcement Administration to ignore her. He persuaded the Executive Director of the Texas Board of Nursing Katherine Thomas to bypass the nursing board investigatory process and to give Hughes a NON-disciplinary order. A condition of Hughes' order was that she voluntarily relinquish prescriptive authority for one year and was not supposed to portray herself as a nurse practitioner.


Professional ethics and the law dictat that Miller assist Hughes in complying with her nursing board order.


Yes, Keith Miller MD is the court whore...and much worse.



CAUSE NO. 08-CV-29961

DR. KEITH MILLER IN THE DISTRICT COURT

Plaintiff

vs OF

DR. SHIRLEY PIGOTT and

DR. STEVEN HOTZE SHELBY COUNTY, TEXAS



DEFENDANT PIGOTT’S MOTION FOR SANCTION AGAINST PLAINTIFF


TO THE HONORABLE JUDGE OF SAID COURT:


Now comes Defendant Shirley Pigott and moves this Court to Sanction Plaintiff and would show the Court as Follows:

  1. Plaintiff has filed pleadings requesting that Dr. Pigott be enjoined from coming around Plaintiff or contacting Plaintiff; alleging that Dr. Pigott poses a danger of physical harm to Plaintiff;
  2. That there is no evidence to support Plaintiff’s claim;
  3. That Plaintiff’s intent is to continue his blatant conduct of retaliation against Dr. Pigott because of her work as an activist against the Texas Medical Board and against Plaintiff;
  4. That Plaintiff’s has intense anger toward Dr. Pigott because of her functioning as a whistle blower against Plaintiff and his nurse Bridget Hughes, which has resulted in the State of Texas forcing both to cease improper conduct;
  5. That the attached Exhibit “A, which is made a part of this pleading for all purposes, sets out in detail the facts surrounding Plaintiff’s retaliation efforts;
  6. That Plaintiff is abusing the processes of this Court and requires this Court to use its inherent power to discourage such abuse of the proceedings in this case.

Wherefore, Defendant prays for sanctions against Plaintiff in the amount of $10,000.00, which amount will cover Defendant’s costs caused by the effort of Plaintiff to use this Court for improper retaliation against Dr. Pigott.

Respectfully Submitted,

____________________
Jerry S. Payne

11505 Memorial Dr.

Houston, Texas 77024

St. Bar # 15658000

713-785-0677

Fax-713-781-8547

CERTIICATE OF SERVICE

I certify that the parties were served a copy of this pleading and notice of hearing on 11/6/09 at 9:00am to here argument and evidence on this motion, by Fed.Express, delivered on Tuesday, 11/3/09.

________________
Jerry S. Payne

Sunday, November 1, 2009

Letter from a Texas physician, D MD


Shirley,

I don’t know your views on our governor, but of course he has appointed everyone on the current Texas Medical Board.

A few days ago Dallas Investigative Reporters Bennett Cunningham gave a story about Perry’s recent trip to the Middle-East. Perry won’t release some of his expense reports but he took a DPS security patrol to Jerusalem to get an award from his buddies. It is called the “Defender of Jerusalem Award”.

He took his kids and his son’s fiancĂ©. The Mrs. went and at least the parents flew First Class on tickets that were each over $5K. You probably know Perry has been giving speeches about how state employees need to curtail their travel.

The guy that gave him the award had been arrested in Florida the week before for drug and related charges.

This reporter interviewed one of the principals at www.opensecrets.org who stated the trip did not pass the smell test and was highly suspect the trip was a “secret junket”. All said, the cost to taxpayers was some $70,000. He had tried to ask Perry about it several times and the guy dodged the questions repeatedly.

The reporter is a former patient of mine. I sent him some of your info and asked if he might talk to you. I recall him telling me in the past he had video of board members entering the Driskill Hotel late one afternoon and hours later stumbling out, obviously drunk, and getting in their cars to drive off. He knew they had rightly disciplined doctors that day, however, for doing the same thing.

I’ll let you know if I hear from him. I was not so surprised by the story but still disappointed. Who is to say the next governor won’t make similar appointments but it would be awful difficult to do worse than Dr. Roberta Kalafut. Does Perry have any culpability for the situation and how do you regard his responsibility for any of the problems you know about the Board? D MD

Corrupt Texas Politics

This is a blog mostly about corrupt Texas politics, but I’m allowed to stray.