Guest guest Posted December 30, 2001 Report Share Posted December 30, 2001 Via Ellen: The following is from Dr. Burrascano: Hello! I hope you have been able to get some rest and be with loved ones over the holidays, and at least spend some time not thinking about Lyme, politics, and all that stuff. As many of you know, shortly after I heard of the favorable outcome of my OPMC hearing, the attorney for OPMC filed an appeal against me! An appeal to reopen the case, with the goal (as previously) to remove my license, or make some other kind of severe penalty. I learned of this ONE DAY before the Albany hearings were scheduled to take place. Interesting timing. Needless to say, I was very angry! It was good, in retrospect, that I did not tell everyone at that time, because in my anger I probably would have said things that I would regret later. Now I've calmed down a bit. To me, this appeal, which I and my attorney have to address with our own counter appeal, is a form of harassment. They know they have unlimited resources and can try to wear me down and/or force me into bankruptcy. Truly, these legal expenses, more than the actual legal action, is what causes MDs to leave practice- they cannot afford to continue doing this. Many have asked me what they can do. To properly answer this, I need to explain how OPMC works: The hearings are " closed " . NO outside information, other than the charts themselves, can be admitted. No testimony, no letters from patients, no witnesses are allowed at the appeal, no new scientific articles, NOTHING. For this appeal process, I have to rely on the results of the OPMC hearing I just completed, plus written briefs prepared by my attorney. Again, this brief cannot refer to any new or outside information- just what was already in the first hearing. The final decision of this appeals board is 100% binding. There is no possibility for further appeal, or to go to the civil courts, or to any higher power within the system. Because of these grim realities, my push has been for reform of the system, and fundraising. My briefs have to be submitted within the next two weeks. The decision will be announced sometime in March or April 2002. Until then, I can continue to practice as usual, with no restrictions or changes in my methods of patient care. I have been able to see new patients now that I have more help in the office, and my patients continue to get the best treatment I can give them. Treatment wise, I believe we are making progress, and more of my patients and those of other LLMDs are finally getting well. There is so much for all to be gained if we are allowed to continue to treat Lyme as the chronic infection that it is. Politically, inroads are being made too. The Albany hearing apparently was of tremendous benefit, and all those involved in it deserve major thanks and congratulations. Plans must continue to move forward and maintain the momentum. As we enter the new year, we can look forward to more progress and successes in treating our patients, as long as we are not restricted from doing so by the uninformed or those with other, perhaps secret agendas. To quote once again, one of my friends and mentors- " we will not go away " . Peace and strength to all of you, and best wishes for a happy new year. Dr. B..................! __________________________________________________ Quote Link to comment Share on other sites More sharing options...
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