Usacomplaints.com » Health & Medicine » Complaint / Review: Nandlal Varyani, M.D - False License suspension. #831740

Complaint / Review
Nandlal Varyani, M.D
False License suspension

Dr. Nandlal Varyani, as President of the Medical Board in Ohio, is directly responsible for the continuance of the false case against me at the State Medical Board of Ohio, and other harassments as to getting any job, despite huge qualifications and numbers of degrees — publishing without criteria (or the facts) that I'm 'impaired' for disagreeing about bad medical care, not allowed in any other state or India, which was done to me on purpose ie leaving fractures uncasted, throwing away blood results, refusing to order an EMG, etc. Boys being boys as has been admitted. The misuse of the 'impairment' clause for personal politics - Dr. Nice threatened my father that I would 'never practice medicine again' for disagreeing about his care. There's no definition of why I'm impaired, and I meet none of the criteria for this under current Ohio State Law. It's the same stuff done in residency training to this day; send the woman physician to the office for casting when the office doesn't have orthopedic cast material (just podiatry = Dr. Nice's staff had a good joke about that), have her go to the ER where Dr. Nice spits pizza in her face but can't reduce the fracture or order an x-ray for placement, have the woman go to an office/lockeroom where the guys are in various stages of undress, or Dr. Nice is getting his pants hemmed in the waiting room, etc. Then my complaint, which was never investigated, was RELEASED TO DR. NICE AGAINST STATE OF OHIO LAW, so that a 'campaign' could be conducted against me at Hillcrest Hospital in Mayfield Heights, during daylight saving hospital working hours (before the hospital became part of the Cleveland Clinic), so that I didn't get the care to salvage the orthopedic mess, didn't get to the Cleveland Clinic hand department or blood work to know the cause of the fracturing, or to take the Fellowship job in St. Louis - where the Director was going to treat the bone problem as part of the job. Ohio physicians destroy their own for competition, jealousies, out of stupidity, etc as there are no medical mistake laws (as in 35 other states). Everyone lies when something goes wrong, or files a criminal phone harassment complaint (Carla O'Day MD who was in the class ahead of me in Medical School, and who I tried to help when she was going through her divorce; asking the guys to give her a break which she then didn't allow me) for my trying to say that blood work is/was needed (family history) and that I sent Dr. Nice back to Mrs. Nice untouched. The Ohio taxpayers and medically underserved areas are out a good physician and piles of money for this fraud/corruption/insanity. It's now a 'criminal' act in Ohio to call another physician about a 'mistake' that they make in care, diagnosis, or assessment -when they don't want to hear it - which is never. Physicians with multiple patient complaints are not investigated and no one, not even the Ohio Court of Appeals or Governor Strickland, knows the SUBJECTIVE criteria for ordering investigations of physicians ie who gets investigated and why - and none of my investigation is about MY PATIENT CARE. They've discussed my sex life, college/medical school years, social/dating history, etc in public records testimony as part of Hearings several times now - NOTHING ABOUT PATIENT'S THOUGH. Dr. Timothy Nice doesn't have to cast fractures for women physicians (my father was supposed to recast?), Dr. Keith of University/Metro Cleveland doesn't have to reduce them (just try 'experimental' casts that don't work or have never worked on any patient and then say you need counseling so that you don't sue him), and Dr. Lafferty of University Hospitals doesn't have to order endocrine blood work (just obsessively tally the glasses of milk that you can't remember), but I'm the one published as 'impaired.' In any 'normal' sense, I'm the only physician involved in my case that did their job, ie that has no patient complaints. And, I'm not impaired, but didn't get care-to-function or even care by any orthopedics trained to do the types of fractures that I had. So this debate, that I'm responsible for my own bad care, by having some personality disorder which kept the male physicians from doing any medical/orthopedic care, has gone on for 16 years now with 5 evaluations for diagnoses that I have no criteria for unless someone makes up new criteria. This is the WORST cast in the US or in Ohio State Medical Board history; it's about Dr. Nice being 'right' even though he was 'wrong.' It's about the State Medical Board of Ohio not ever making a mistake, and they make plenty, and ruin many physician lives - I'm not the only FRAUD CASE, just probably the most innocent, most maligned and longest case that they can't prove or dismiss. And NO PATIENT HAS EVER COMPLAINED OF MY PERSONALITY, just the negligent physicians who missed the diagnosis that otherwise would be a 2-digit million dollar settlement for missing (if I weren't a physician). My orthopedics did not have their qualifications in Hand Surgery at the time, and misrepresented their abilities and past experiences. The fractures occured because of endocrine problems that happen to women, the symptoms were ignored or passed off as 'exaggerated, ' and the blood work never ordered for years (1998,1999, etc) = WHAT HAPPENS WITH MEDICAL CARE MISTAKES IN OHIO. For 5 years I got no medical care - as I didn't 'deserve' care - this is worse than in India; I was supposed to die as a mistake for the greater glory of Ohio Medicine and Mrs. Nice and her family. Mrs. Nice, who is brought up by NAME when you meet with the Members of the State Medical Board of Ohio, appears to dictate the decisions of the Board so her husband doesn't have to do anything. She blames other women, including me, when her husband goes after them or appears to know/pay attention to them. [And I wasn't one of the ones dancing/bumping and flirting to reggae with Dr. Nice in the OR, have never been judged as 'seductive, ' and HE APPROACHED ME to refer him patients after sending me 3 unsollicited referrals — the personal requests came because he was trying to 'cash in' that I owed him for his sending my office patients and 'making' me on the Hillcrest Medical Staff scene. Dr. Nice is married, short (too short for my dating regresion equation), balding, fat, and a heavy user of Polo Cologne - so that being 'seductive' to him wouldn't be anything that I would IMAGINE doing or be able to do - in those days you had to keep the door open for the smell alone. It was just an excuse for his ego and malpractice, and his laziness that he can't refer or consult. Dr. Nice tells you that he has 'friends' on the State Medical Board of Ohio, can make or break you on the Hospital Staff, and that you have to send him referrals. So, to protect Dr. Nice, the State Medical Board of Ohio has condoned the mistreatment of a thyroid condition (that occurs in women 5-10X more frequently than men) for 10 years at least (despite a number of women being on the State Medical Board of Ohio), the lack of treatment of a serious metabolic bone disorder, and the sloppy cavalier treatment of any fractures occuring because the thyroid/bone conditions weren't treated. And my COUSIN has the same thing - bone & thyroid disorder causing premature fracturing - and is under treatment for this condition while I've had 5 more fractures. The only 'care' that the Ohio State Medical Board wants me to have is another 'GO' - which my medical insurance won't pay for. Unending 'goes' at my personality. Ohio physicians can't diagnose anything except 'impairment' when there is no impairment - the diagnoses had to be made out-of-state with blood work that wasn't allowed in Ohio (and would be allowed in India even). I had no patient or practice complaints, practiced a very high standard of Internal Medicine for Ohio, and complained only so that the 'ugly' situation at Hillcrest Hospital would be resolved in a non-disciplinary way so that I could get my medical records to the consultants. The hospital and my charts became a battleground as no one could admit the mistakes and move on. Every other State has non-disciplinary paths for colleague problems and MISTAKE LAWS. And, I'm required to act responsibly in seeking consultation, with ALL the records (minus the innuendo), so that any medical problem can be treated appropriately so that I can care for patients as a healthy physician - that also means the 'confidential' file at the State Medical Board of Ohio, which alleges some psychiatric impairment for disagreeing with Dr. Nice, needs to be available and opened for consultative review. After Dr. Nice left the R wrist fracture uncasted for most of three weeks, and I had 3 serious fractions in 10 months, the situation got out-of-control as there was an obvious missed diagnosis and piles of omissions and negligences in the care. Dr. Anita Steinbergh has known since 1993, that the virtual 'care in the record, ' as it finally got to the Ohio State Medical Board, did NOT happen - there was little care in reality; inadequate casts left for minimal non-recommended times. Dr. Nice thinks that he can leave wrist fractures uncasted until they become EXCRESCENT, angulated, displaced, and so swollen that they get into trouble immediately on casting - which is one of the problems. Dr. Nice thinks that he doesn't have to use STOCKINGETTE or change CASTS, he doesn't know how to diagnose carpal tunnel syndrome, and caused it by casting my excrescent R wrist fracture with inadequate padding in extreme flexsion (even though he was reading the orthopedic text on 'how to cast' at the time in his office). Orthopedic out-patient care in Ohio has deteriorated to where fractures are not casted in a timely fashion, or with appropriate materials (Dr. Nice refuses to use stockingette even if you buy a box for him as I did), not reduced to maintain alignment, and not followed carefully. [Our office had to donate a stethoscope to his office, he was too cheap, as he never did vital signs on his patients or any that the office sent to sit in our office - Mrs. Nice couldn't pay for one.] This goes on at Hillcrest Hospital in Mayfield Heights to this day, where an older woman gets a sling and nothing else for a wrist fracture while the orthopedic collects for a cast and complex care. Dr. Nice is just doing what everyone else gets away with, and taking it 'off the top.' However, in 1991, I was 36 and not 76 and needed my hand function for patient care, and didn't know the game. There is no other patient or Board Member who would put up with the care and abuse that I've endured for almost 16 years now. There are no ethics about disclosure of mistakes or reasons for 'unanticipated' results on woman physicians, no allowance of 'care to function' (ie casting of fractures, appropriate blood work) for women physicians, and no ethical obligations for a physician when treating another physician as recommended by the American Medical Association, the American College of Physicians, most hospital systems, and most other states and organizations in the medical business. A treating physician's obligations to a patient do not change based upon that patient's profession except in Ohio - where I was required to supply my own splints & cast materials (stockingette for Dr. Nice), order my own x-rays, 'understand' Dr. Nice because his wife didn't (she just rode horses), have my father order the physical therapy for wrist fractures, do my own blood work (until my license was suspended in an hysterical nightmare of a drunken orgy 'emergency' session based on Dr. O'Day's fabrications (a classmate from Medical School) so that Dr. Nice didn't have to call the Mayo Clinic and couldn't be sued), order my own bone density tests and make my diagnoses as my physicians in Ohio were too 'impaired' to do it.in the OR there wasn't any question of my being seductive when I worked with Dr. Nice, nor of my doing a bad job - the disagreement arose because of how he treated me as a patient, his refusal to refer, and his not being about to be objective - all of which the Board needs to issue position papers on ie physician care of physician-patient colleagues).in other states, this type of mistake = taking a woman physician's medical license when she complains about inadequate care practices and negligences, so that she can't get care-to-function, is handled by the RETURN OF THE MEDICAL LICENSE WITH THE STATE PAYING FOR THE REHAB, RETRAINING, AND RE-LICENSING FEES AT LEAST. That's what the fight is now, the continual 'fixing' of the confidential file, which can't be disclosed under current Ohio law - even though this law was broken for Dr. Nice and should be broken on both sides of this case to allow for some reforms at the STATE MEDICAL BOARD OF OHIO. My famliy and I have not asked for any of those 'normal' settlements, just that the license be returned with all privileges so that I can return to Rhode Island, there are no patient/diagnosis problems, where a physician friend has offered his residency to recheck my skills and 'get me back' while getting me to the best physicians in Boston to help the bone problem to prevent further fractures. Surely you can do that much of your job = let me go so that I can get the medical care to have some kind of life and job out-of-Ohio as after all this is not about my performance as a physician, it's about my being a BAD PATIENT in a BAD SYSTEM. We all need to move on, non-disciplinary pathways, mistake laws, ethics reforms, etc are long overdue at the State Medical Board of Ohio. Finally, appealling to there being some professionalism left in the Members, I will retype part of a letter sent to me by the ACP Center for Ethics and Professionalism dated August: Dr. -, I am following up our discussion about the American College of Physicians' (ACP) policies regarding a physician's ethical obligations when treating a fellow physician. While our ethics policies do not address this issue explicitly, the policies that govern patient-physician relationships and the physician's ethical obligations to each individual patient do apply. A treating physician's obligations to a patient do not change based upon that patient's profession. Therefore, I have pulled together statements from the ACP Ethics Manual, Fifth Edition that govern physician obligations' to patients... Physicians should avoid treating themselves... The physician must be professionally competent, act responsibly, SEEK CONSULTATION WHEN NECESSARY and treat the patient with COMPASSION and RESPECT. A complex clinical situation may call for multiple consultations. To assure a coordinated effort that is in the best interest of the patient, the principal physician should remain in charge of overall care, communicating with the patient and coordinating care on the basis of information derived from these consultations... Under exceptional circumstances, the physician may discontinue the professional relationship, provided that adequate care is available elsewhere and the patient's health is not jeopardiaed in this process... Continuity of care must be assured. The physician should notify the patient in writing and obtain patient approval to transfer the medical records to another physician. Physician-initiated termination is a serious event, especially if the patient is acutely ill, and should be undertaken only after genuine attempts are made to understand and resolve differences. A patient is free to change physicians at any time and is entitled to the information contained in the medical record... Ethically and legally, patients have the right to know what is in their medical records. Legally the actual chart is the property of the physician or institution, although the information in the chart is the property of the patient... The physician must release information to the patient or to a third party at the request of the patient. [This last is what Dr. Nice failed to do for 1.5 years and the basis of my complaint; edited records were all over the hospital for suggestions for re-editing.] This needs discussion in a different forum - you owe the people of Ohio at least that, and the file needs to be opened for reforms - what was offered and accepted in 1999 for 5 minutes; that my case be used as a template for reforms. The information in the 'confidential' file at the State Medical Board of Ohio, if it concerns a medical impairment to practice, is my property under law. There's no wish on my or my family's part to obsessively rehash this situation, just that the problem is getting a job, my medical license returned, correcting the record, and stopping the fractures. This situation speaks very poorly of physicians as a group in Ohio and women's medical care in Ohio - that you miss a thyroiditis and pass it off as an impairment. I certainly don't want to complain about colleagues, and Drs. Nice/Keith needed someone in authority to sit down with them and tell them to stop harassing me and sign-off to the Cleveland Clinic ie like what happens in residencies - but they were both beyond that point. And no one admits a mistake in Ohio


Offender: Nandlal Varyani, M.D

Country: USA

Category: Health & Medicine

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