Personal testimony from William Y. Moores, M.D. regarding the conduct and business intent of The Permanente Medical Group and involvement of the Kaiser Health Plan specifically involving Dr. Terry McEnany, former chief of the department of cardiovascular surgery at the San Francisco Kaiser-Permanente Medical Center..
On Friday, May 25, 2007, Dave Thornton of the California Medical Board was deposed by the Circuit Court of the State of Wisconsin in and for Eau Claire County, regarding Kaiser Permanente’s violation of California Business and Profession Code – Section 805 – In short Kaiser covered up a terribly negligent physicians conduct, including the fact this particular cardiologist, Michael Terry McEnany, was no longer allowed to operate without physician supervision at any time : This was necessary for a thorough explanation to the State of Wisconsin as to how and why Dr. Michael T. (Terry) McEnany, Chief of TPMG’s Cardiovascular Surgery Department was allowed to continue practicing medicine; was enabled by Kaiser Permanente to falsify employment documents to secure an out of state job in Wisconsin, again overseeing a Cardiovascular Surgery Department , and other serious to patient matters. This document establishes the history of and validity of the following documents. It also establishes the Kaiser Permanente justification of self protection for breaking the law and the consequent endangering numerous patient lives.
McEnany is offered a deal in this document whereas if he leaves the state and gives up his California Medical License no action will be taken against him. If he comes back though and ever wants his license back they will take formal action. Unfortunately for the people in Wisconsin that didn’t know about this deal, a lot of people were hurt.
Kaiser Permanente was in violation of California Business and Profession Code – Section 805. This is clearly patient endangerment.
– In short Kaiser covered up a terribly negligent physician’s conduct, including the fact that this particular cardiologist was no longer allowed to operate without physician supervision at any time :
Testimony of David Thornton in text form for easy reading at:
In original form viewed at:
Frank Alvarez and Phillip Madvig were found guilty of wrong doing in covering up what Dr. McEnany had done and were fined. Kaiser paid the fine and both men that took part in a cover up were rewarded very well by Kaiser – Frank Alvarez went on to become CEO at Tucson Medical Center in Arizona and Lumina – https://www.luminafoundation.org/newsroom/news_releases/051507.html
Dr. Phillip Madvig was promoted to the position of associate executive director for quality in the Oakland corporate headquarters. Philip Madvig is Associate Executive Director of The Permanente Medical Group according to his Permanente web page.
Documents showing secret cover-up deal and corporate and physician cover up at:
original scanned copies of the above transcribed documents:
Falsified employment application prepared by Dr. McEnany for clinical privileges at Luther Hospital
Signature Page for falsified document
Relevant news articles:
“You might think that McEnany would have had a hard time landing the Wisconsin job after his California experience. But as part of his resignation deal, according to California officials, Kaiser agreed to terminate McEnany’s practice review and not file a report to the medical board of California, as the hospital was required to do. When officials at Luther Hospital ran a routine background check on McEnany, there were no red flags. Had a Kaiser whistle-blower not tipped of the California medical board in 1996, sparking an investigation that led to McEnany’s surrender of his licenses in California and Wisconsin, he could still be practicing. Instead, he is fighting off the remainder of 28 lawsuits filed against him between 1998 and 2000.”
“That’s why Raymond Hilson didn’t know about
the $200,000 settlement
that Kaiser paid in 1992 to Richard Lord and his family for the loss of
his wife Eleanor, who, according to the California investigation, bled
to death while in McEnany’s care. If Hilson had known more, he would
have gone elsewhere. Learning the surgeon’s history has made him see
things in a different light. Strange as it may sound, he says, “I feel
lucky to be a survivor.” https://www.whatisaids.com/wwwboard/messages/114.html
Publication: Hospital Law’s Regan Report
Date: Tuesday, February 1 2005
Subject: Medical malpractice (Cases)
Location: United States
PETER JALOWITZ HAD AN ENLARGED HEART AND A HISTORY OF AORTIC STENOSIS. The 81-year-old patient who had previously undergone surgery to repair an aortic valve a year earlier was at risk for sudden death. The patient’s cardiologist referred him to Dr. Terry McEnany. Dr. McEnany met with the patient,………….
Before trial, the parties sought rulings on the admissibility of Dr. McEnany’s record while he was practicing in California, referred to as the “California Evidence.”………….
THE TRIAL COURT RULED THAT THE ‘CALIFORNIA EVIDENCE’ WAS INADMISSIBLE. The court refused to admit any evidence relative to Dr. McEnany’s surgical practice in California. The plaintiff sought to admit the ‘California Evidence’ which included, inter alia, accusations of negligence by Dr. McEnany as well as a memorandum of an agreement with a California medical facility where he had been employed as a surgeon that he would not perform surgery without the assistance of another cardiovascular surgeon on the facility’s staff. The memorandum further stated that this was a “temporary solution to potentially reduce the situations where (the doctor) exposes himself (and subsequently, the patient) unnecessarily to problems by doing complex operative procedures with inadequate assistance.
Editor’s Note: The failure of the California facility to fulfill its responsibility enabled the surgeon to practice in Wisconsin. It only paid a fine. The patient paid with his life. Jalowitz v. Physicians Insurance Co. of Wisconsin, Inc., 691 N.W. 926 -WI (2004) – for the complete article please read:
Why He Was Not Stopped –
Only six months earlier, the physician operating on him, Dr. Michael McEnany, then 55, had resigned as chief of cardiovascular surgery at San Francisco Kaiser Permanente Medical Center after peers raised serious questions about his competency. He had been forbidden to operate without another surgeon assisting. Hilson had no way of knowing that background, or that the medical board of California would later accuse McEnany of incompetence and gross negligence in eight surgeries that went awry during his time at Kaiser, or that McEnany would experience other complications, including sternal wound infections, among his surgical patients in Wisconsin.
The following article references the McEnany abuse of patients by attempting to show that malpractice premiums and payouts are the reason that Kaiser and the Permanente broke the law and shuffled McEnany off on Wisconsin. We don’t believe that is the cause as Kaiser self insures and does not have the premium issues that other conventional and more open corporations deal with. As per their own financial documentation presented to various government authorities including DMHC and the I.R.S., multiple millions of dollars are annually set aside to cover their legal and malpractice cases.
It is of interest that this following report uses this case because it does show that an understanding of the real problem is non existent in the public sector..