Main frame of Dr Pat Herrera,Gadsen, Alabama

May 31, 2005 PETITION FOR WRIT OF CERTIORARI -Appeal to the Alabama Supreme Court March 28, 2005- New Hearing Brief Oct 29, 2004 Appelate Brief- Herrera v Medical Licensure Commision of Alabama The Licensure Commission has not followed the Judge's Order !!
Final Judgment June 2004 "It is therefore ordered, adjudged and decreed that this matter is remanded to the Alabama Licensure Commission with instructions to reinstate Pascual Herrera Jr's medical license and his right to practice medicine forthwith and without further delay."
An Outstanding, Caring Physician Has Been Attacked by Sham Peer Review

Dr Herrera's View of the Charges against him	Welcome to America-- I must begin my story by saying that medically speaking I am not embarrassed or ashamed about anything I did while practicing medicine for 14 years in Alabama. Furthermore, several of the leading “Pain experts” in the world have reviewed my records and all unanimously agree that I should not be ashamed.” My father was a 47 year old successful surgeon that lost everything to the (Totalitarian Government) Communist in Cuba. This is not supposed to happen to a 47-year-old successful doctor in the USA (but it does). .. Not only have I lost most material things that I studied and worked hard for, but what bothers me more personally is that I have lost all faith in the “American Justice/Medical System”. The general population only hears the doctor’s faint cries while devoted patients are impotent in their attempts to assist my dieing career. The same career that saved their lives a short time earlier. The doctors on the Medical Board give no credence to the patients who they claim were “harmed” by me for all those years, yet testified on my behalf. Yet a doctor not giving credence to their patient’s feelings has hurt many a person. The lack of any Foreign Medical Graduate on the Alabama Medical Board and a closer look at its record reveals the obvious insidious underground discrimination that is still strong in “The Heart of Dixie“. The great majority of my doctor peers in the state have agreed in private that Jesus Christ would have been sentenced to death had he experienced a “due process” similar to mine before the Board. The fear of having a “bull’s eye” drawn on their backs prevented them from helping me or speaking out against the procedure.
	Sequence of events Leading to medical license Revocation How not to practice medicine in Alabama: I. I started solo practice in 1994 by 1998 I owned a busy Urgent Care Facility in Gadsden A. more than 85% of the insured Alabama population is insured by BCBS B. BCBS of Alabama audits my patient records and determines that I over-prescribe and see my chronic pain patients to frequently C. Pain Experts agree it is important, when managing chronic pain patients, to see them more frequently especially when they are not stable D. BCBS turns the records over to the Alabama medical board for disciplinary action after terminating our contract as a Preferred Provider II. 1999 the Medical Board starts investigation A. the board came and select another 50 patients (charts) seen by me over the last 5 yrs B. the board finds a Board Certified Family Practitioner in Fair Hope, Alabama that has the experience of treating less than 5 patients in Chronic Pain he reviews the medical records-----see doc III. 2000 The legal fight begins A. I was not able to find a Pain Expert in Alabama that “did not want a bull’s eye on their back” but I find the two pain experts considered the best in the US are and have nothing to fear in supporting me 1 Dr Daniel Brookoff, Head of the Pain institute, Head of Medical Education University of Tennessee Methodist Hospital Memphis the largest private hospital in the US---see doc 2 Dr Peter Staats Head of the Johns Hopkins Pain Clinic---see doc B. the Alabama Medical Board releases Official Pain Guide Lines--see doc. pages 3-6 IV. Dec of 2000 “Oxycontin National Epidemic” A. Purdue Pharmaceuticals claims that Oxycontin is great for any pain and educates Doctors with that philosophy while manufacturing pills of 5mg to 180mg B. States file lawsuits against Purdue C. Three young men from prominent families overdose on IV Oxycontin all within one month - none were my patients V. 2001 a local state senator threatens to legislate a bill that would make it illegal for a Primary Care Doctor to prescribe schedule 2 narcotics “Oxycontin” A. February my license revocation hearing begins and continues through April B. all my patients support me and all the patients in question testify on my behalf the only witness for the board was their expert Family Practitioner-----see doc C. a media frenzy attacks the “Oxycontin Investigation” D. The Alabama Board's Newsletters for 2001 VI. The Alabama Medical Board revokes my license to practice medicine A. a rehearing is refused (as expected) and an appeal is filed in Montgomery circuit ---see doc B. the American Association of Physicians files an Amicus Curare (friend of the court) in my support--see doc C. 3 years later the Judge has yet to rule 6/15/04 Judge orders reinstatement...we still wait.... *Conclusion: Confucious says, “A Primary Care Physician that practices “pain management”* will loose his license** ."
A Physician's View of the Case Against Pat Herrera, MD	I have had the opportunity to review the complaint against Dr. Herrera, and also reviewed several of his medical records and the deposition of Dr Brookoff. I understand that Dr. Herrera has had his license revoked for prescribing opiod medications for patients with chronic pain problems. I find this recent development quite distressing for patients with chronic pain. From reviewing his medical records, it appears that Dr. Herrera was diligently and appropriately using opioids as part of his medical regimen to control several patients' pain. I specifically reviewed the notes and the deposition around patients D.L., and G.S.L.. Although reasonable physicians can differ on the use of opiods in medical practice, it certainly can not be denied that the use of controlled substance with within the legitimate practice of medicine. It is the position of the Academy of Pain Medicine as well as the American Pain Society that opiods should and could be used in a legitimate practice of medicine for patients with chronic painful medical disorders. I would submit that Dr. Herrera was continuing to work up his patients pain problems while prescribing opioids as well as anticonvulsants and nonsteroidals. I have reviewed Dr. Brookoff's deposition and I basically agree with Dr Brookoff that Dr. Herrera was practicing within the confines of the legitimate practice of medicine. I would like to urge the Alabama State Board of Medical Examiners to reconsider the complaint as I believe in my review of the medical records that Dr. Herrera was practicing within the confines of the legitimate practice of medicine and if such a complaint were to stand, and if Dr. Herrera were to loose his license for prescribing a legitimate controlled substance this would send a chilling effect on the appropriate management of pain throughout the nation. Peter S. Staats, M.D., Chief of the Pain Center at Johns Hopkins
A Patient's view of Dr Herrera and the Board of Medicine	As you know, by now we are without a doctor. The Alabama State Board of Medical Examiners has revoked the license of Dr Herrera to practice medicine in our State. Along with many others, I believe this to be an unfair, unjust, and definitely politically motivated decision by the medical board. One of the most highly respected pain management doctors in the country wrote a deposition of over 100 pages with thorough documentation defending Dr. Herrera's practice and stated that he was on the cutting edge of his profession Patients have the right to receive pain relief, but doctors in Etowah County and Alabama, no withstanding do not have the right to provided it without risking his livelihood and liberty. This was totally ignored by the Board. Verbal deposition by this expert with impeccable credentials was not even allowed to be heard by the board! It was obvious they decided to make Dr. Herrera an example and a scapegoat before even reviewing the evidence. Dr Herrera has been the best doctor I have ever had. I have suffered from hypertension, severe back and stomach pain along with chronic sleeplessness. Dr. Herrera worked with me, listened to me, talked with me and sincerely tried to help me back to health. He succeeded!. I am thrilled to report that I am now healthy and medicine free! Dr. Herrera did not just medicate me, sign "scripts" and send me on my way. I personally know of no incidents of him "over medicating" or seeing patients too often. I know Dr. Herrera genuinely cares. Randy Hogue, Director Randy Hogue Ministries, patient of Dr Herrera

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An Outstanding, Caring Physician Has Been Attacked by Sham Peer Review

An Outstanding, Caring Physician
Has Been Attacked by Sham Peer Review