State of NH investigates doctor for telling patient she's obese

[CNHT]

Next we'll see doctors who are afraid to tell people they are fat slobs and need to shed a few pounds being sued by people who end up with medical problems tied to their weight.

Or what about the doctors who can't see past a patient's extra pounds to an underlying serious medical problem unrelated to their weight?  That's a far more common problem.

Exactly!

[CNHT]

There is a "compassionate" way to advise someone as to the best way to care for their own health, and a callous and abusive way.  "You're going to outlive your husband and you won't be able to find another man," he said?  WTH is that??

Yeah. On the surface it seems like a ridiculous story. But what I heard on the radio is that what the doctor actually said to the patient was "Who's ever going to want you? A black guy?" Kinda makes you wonder if the doctor provides equal treatment to all of his patients...

True...and this was just plain rude and unnecessary. It isn't about who is going to want her, it's about the weight causing health problems.
There was a much better way for him to express that to her without the reference to her love life!

But then again, rudeness is not disallowed by law, nor should it be. She can go to a different doctor hopefully. It's called choice. And I'm sure she would.

[lildog]

There is a "compassionate" way to advise someone as to the best way to care for their own health, and a callous and abusive way.  "You're going to outlive your husband and you won't be able to find another man," he said?  WTH is that??

Yeah. On the surface it seems like a ridiculous story. But what I heard on the radio is that what the doctor actually said to the patient was "Who's ever going to want you? A black guy?" Kinda makes you wonder if the doctor provides equal treatment to all of his patients...

Exactly!  We have far too many people in this country already who think they have the right NOT to be offended.  Once you start making it illegal to offend then you start down a very dangerous road.

True...and this was just plain rude and unnecessary. It isn't about who is going to want her, it's about the weight causing health problems.
There was a much better way for him to express that to her without the reference to her love life!

But then again, rudeness is not disallowed by law, nor should it be. She can go to a different doctor hopefully. It's called choice. And I'm sure she would.

[mvpel]

But then again, rudeness is not disallowed by law, nor should it be. She can go to a different doctor hopefully. It's called choice. And I'm sure she would.

The AMA has a Code of Medical Ethics, summarized by the Nine Principles of Medical Ethics.

Among them are a requirement that a physician shall provide medical care with compassion and respect for human dignity.  Another is that a physician shall uphold standards of professionalism.

These principles are incorporated by reference in the regulations promulgated by the State Board of Medicine governing the practice of medicine in New Hampshire.

Does the court seriously think that it's possible to be a "compassionate a--hole?"  Does the court actually believe that his comments reflect a standard of professionalism adequate to the practice of medicine, or indicate respect for human dignity?

[lildog]

Ah but it isn't the court's job to determin if the doctor is professional or not.  Only whether or not he broke the law.

AMA rules are not laws.

[Christopher King]

In my blawg I noted the heinous nature of what he said:

http://christopher-king.blogspot.com/2005/10/youre-so-obese-only-black-men-will.html

What I said:

Let's get a grip, here folks. Dr. Terry Bennett's comments, in lilly-white New Hampshire, are not the same as a doctor telling a skinny black woman, "you're so skinny only white boys will like you," and if you can't see that, or comprehend why it's different in a context like this, you may be cursed with another physical ailment beyond the Good Doctor's bailiwick: Myopia.

Having dated leggy blondes to short brunettes and women of many body compositions between 4'10" to 6'2" and in between, I appreciate all sorts of women. But apparently some white professionals in the "Live Free or Die" state don't appreciate black men appreciating white women in that way because he used it as a scare tactic. Well that's pretty scary to me, folks, so I'm gonna file a complaint with the Seacoast Branch of the NAACP later today. Peace.

PS: His speech is not entirely protected by the First Amendment, as mine was and is in Jaffrey, New Hampshire. He relinquished a degree of his First Amendment Rights by agreeing to be subject to a regulatory board -- and he may even be governed by commercial, rather than general, Free Speech doctrines. I, on the other hand, was exercising a Fundamental right as a free negro (or caucasian) citizen to seek redress for a man who faced three (3) drawn guns, arrest and a body cavity search from undercover police who rousted him and eventually charged him with "loitering," which he beat. See my 16 Oct. blawg, "Open Complaint to NAACP Legal Defense Fund," which still has not been answered substantively.

[mvpel]

Ah but it isn't the court's job to determin if the doctor is professional or not.  Only whether or not he broke the law.

AMA rules are not laws.

Yes, but under New Hampshire jurisprudence, administrative rules have the force of law when properly adopted and put into effect in accordance with the statutory procedures:

The Division of Administrative Rules (Division) is the New Hampshire state government office where all proposed and adopted administrative rules subject to RSA 541-A, the Administrative Procedure Act, must be filed by state executive branch agencies to make the adopted rules effective and therefore have the force of law.

And under Administrative Rule Med 501.01 - Obligation to Obey, paragraph (h), "A licensee shall adhere to the Principles of Medical Ethics - Current Opinions With Annotations (2004-2005) as adopted by the American Medical Association."

Thus, the requirements of the Principles of Medical Ethics as promulgated by the American Medical Association have the force of law with respect to licensed medical practitioners in the state of New Hampshire.

[KBCraig]

http://www.unionleader.com/article.aspx?headline=Judge%3a+Dismiss+complaints+against+doctor&articleId=58f2fabb-b6b3-42e4-8424-f1468943edd7

Judge: Dismiss complaints against doctor

By GARRY RAYNO
Union Leader Staff

Concord ? The state Board of Medicine yesterday voted 4-2 to dismiss threecomplaints against Terry Bennett, the Rochester doctor who came under fire forcomments that offended three patients.

The board also decided not to appeal a Merrimack County Superior Courtjudge?s decision blocking the board from continuing disciplinary proceedingsagainst Bennett. The action essentially lets stand Superior Court Judge EdwardFitzgerald's June 30 ruling that the board violated the Rochester doctor'sconstitutional rights to free speech and due process.

?That?s wonderful," said Bennett?s attorney, Benjamin King of the Concord lawfirm of Douglas, Leonard & Garvey. "I look forward to receiving the order.?

Board Chairman Dr. Bruce Friedman, who voted against dismissing thecomplaints, said the board will issue an order dismissing the charges that willcontain the board?s opinion on the action.

The complaints included charges that Bennett "stunned, shocked, embarrassed(and) humiliated" a woman by telling her she was so obese she might only beattractive to black men. In 2001, a female patient said he suggested she shootherself to end her suffering. The third complaint came from a woman who saidshe was offended by Bennett's comments on how her son might have contractedhepatitis.

Fitzgerald?s order barred the board from holding a disciplinary hearing onany of the three complaints.

Yesterday the board members -- four at the board?s office in Concord and twoothers via conference call -- debated whether to dismiss the charges or to putoff the decision for another month.

But the board?s attorney, Assistant Attorney General Elyse Alkalay, remindedmembers that the 30-day appeal period for Fitzgerald?s order ends Friday and ifthe board wants to make a public comment on that order, it had to do so by thatdate.

Also yesterday, the board voted 6-0 to reject a request from Bennett toremove information from his file from a 1995 settlement agreement where he paida $1,000 fine for providing false information on two applications for hismedical license.