Tuesday, July 7, 2015

Medical Board v Jaller: We won!



Many patients have expressed concern: will I still be around to care for them?  The answer is a resounding yes.

The settlement reached between myself and the Maryland Board of Medicine is an astounding victory.

I was granted full license to continue practicing in exactly the same way I have for years without any restrictions.

A war over ideology was replaced by a reprimand of an administrative nature: the best possible outcome given the posture of members of the Board.

I have my attorney Bill Askinazi and the Maryland assistant Attorney General, Victoria Peppers to thank for this great outcome.

The case landed on Ms. Pepper’s lap. My lawyer did a very good job educating the assistant AG regarding the Lyme story. Becoming knowledgeable about the controversies and the two standards of care, Ms Peppers concluded, and I paraphrase: The state of Maryland has long accepted the right of doctors to diagnosis and treat patients by means not accepted by the majority of the medical community. These statements follow the precedent set by the 2010 Medical Board letter which stated that the Board would not prosecute doctors who treat Lyme disease with long-term antibiotics.  

Twenty-five pages of charges – all based on IDSA peer review were largely discarded in the findings of fact.

I accepted a reprimand from the Board, agreeing to:

Document differential diagnosis:

Document referrals to specialist.

Better explain rationale for treatment and medications.

Do a better job monitoring patients on IV antibiotics for side effects.



These are things I already do for the most part. Much of the criticism was based on charting from as far back as 2009.  

All charges related to:  The diagnosis of Lyme and  coinfections and the general ILADS' approach to therapy (save doing a better job explaining the basis of therapy) were dismissed.

I am on probation for a year but only for the above admin items. Lyme controversies will not be at issue during the period of probation: supported by the record of the hearing.



 

37 comments:

AmberA said...

Dr Jaller,
I celebrate with you! The huge community of Lyme disease sufferers thanks you, your Attorney, and the Maryland Assistant Attorney General for the amazing work that you are all doing! It is because of Doctors like you, who are willing to think outside the IDSA's tiny box, that sick people find hope and healing. So many people read your blog and learn from it, so please continue to share as much as you can. Your victory is a big encouragement to all of us who continue to fight chronic tick-borne infections. Congratulations to all three of you, and thank you for all that you are doing!! You are saving lives and restoring peoples' futures!

Key Lyme Pie said...

I am so happy to hear this. I don't see you as a patient, but hope to one day! LOL. Your blog has helped me so much over the years. I can tell that you really went into medicine for the right reasons; to help people. That's a rarity based on my experience with many doctors throughout my struggles with Lyme.

lymie said...

Thank you for all you have done to help lyme patients over the years. I am so happy that public officials can see reason and do the right thing. Sometimes there is justice. Also thanks to your attorney.

MA said...

Victory!! This has made my day!!! Thank you for all you do!!! I do not know what I would do without you. Thanks, too, for letting us know. Please also thank all those involved who helped in this victory, on the behalf of us, your patients. I am so grateful.

LML said...

Awesome!!!

Betty G, IOWA lyme activist said...

CONGRATS DAN, ATTORNEY, AND ASST. AG !!

what a OUTSTANDING outcome for yourself but other ilads llmds nationwide as well.

thank the good lord that your attorney was able to educate the ag's asst. in the time you had to prepare for this hearing.

thanks for posting your personal victory; this time it took a 4th try, but was worth it in spite of the horrible financial burden you have incurred.

dan, it would be helpful to us to know how much this cost you since you are asking for help in paying off this huge debt.

could you post that $$ amount please? thank you dan ;)
********************************************************

EVERY DOLLAR ADDS UP ONE AT A TIME FOLKS .... i know majority of patients are in debt themselves.

hugs/prayers to you all,

bettyg, iowa activist/friend from afar ....

Yvonne Rivadeneyra said...

Yeah...and we must not forget thanking JESUS, who also defended you, your honor and your patients because of HIS great love and respect for you Dr.Daniel Jaller. I'm so happy and proud of you! Yvonne

Yvonne Rivadeneyra said...

Yeah...and we must not forget thanking JESUS, who also defended you, your honor and your patients because of HIS great love and respect for you Dr.Daniel Jaller. I'm so happy and proud of you! Yvonne

WLP Romania said...

Congrats! :)

Ruamama said...

I have been reading this blog for three years as I have battled Lyme and Tularemia and other co-infections, but have never posted a comment. I had not read for several months until June this year when I learned about the investigation. I wrote in support of you and this Blog because it is simply one of the best sources of informed, well-reasoned, well-explained information about Lyme and Lyme treatment. I am so relieved to hear that everything worked out. Congratulations and thank you for all you do for your patients and the rest of us who rely heavily on your experience and information.

Dawn Edgerton said...

Excellent News; I'm very glad to hear it. Thank you for posting the update.

llynwood@gmail.com said...

Dear Dr. Jaller,

I would like to refer patients to you
in the category of
Lyme Dementia
and
in the Category of
Lyme Multiple Sclerosis/Demyelinating Neurodegenerative Disorders.

In my view, and based on Autopsy Studies over 30 years
of Borrelia dementia with Alzheimer's clinical features,
patients with Lyme/borrelia Dementia require
long term pulsed antibiotic therapy to
achieve and to hold on to
durable Remissions.
ike chronic HIV, infection treatment for life
is necessary, or the Antibiotic Gains
will be reversed after termination of Therapy.
HIV is now a chronic disease,
and this is ENTIRELY due to Lifelong AntiHIV Treatment.

All Patients referred to you would have
POSITIVE Results with My
Borrelia Specific DNA Probes
in body tissue or in body fluids.Images of
borrelia Spirochetes would be forwarded to you by email
for your Office files.
Images of Control pure cultures of Laboratory
Borrelia Burgdorferi Group (sl) are used as controls, as well as tick
dissection Borrelia Group species from international colleagues.

My DNa probes have been validated by
colleagues in international Laboratories.

My email is:
inmacdonald@yahoo.com

All good Wishes to you

Alan B.MacDonald,MD,Fellow College of American Pathologists
ILADS honoree: Pioneer in Lyme Disease, Year 2015

Nancy on the Journey said...

So pleased for you and your patients - past and present.

Traveler from Healing Well said...

This is such wonderful news!! I admire you for continuing to fight for those that are too sick to do so- and you help them find the health that they thought was gone forever!!

Thank you for your blog, although I have healed, as a Moderator on a Lyme forum, I read it frequently looking for answers to help others that still suffer from the effects of these infections. Your posts contain such valuable information - thank you!!

Congratulations. It's past time this 'witch hunt' be ended!!!

Katherineof Jefferson said...

Karma! Good things happen to good people! Congratulations.

Nelly Pointis said...

So relieved you didn't have to go through The Great Inquisition, for years and years like Dr Joe Burrascano had to go through, or like Dr Jones is still being put through. You have always been cautious, very serious and open in your approach, I value that very much, and I always read your blog, thank you
Nelly Pointis Paris-France

Anthony Chiozza said...
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Anthony C said...
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GoodbyeLyme said...

Yeah Dr. J! Lunch is on me.

Vlynx said...

Congratulations! I am so glad to hear this news.

Sadly, the nonsense continues for other LLMDs. In particular, I was recently referred to Therese Yang, MD in San Diego, CA for my complicated (20 years without treatment) case of presumed Lyme disease, only to find that her practice was in (hopefully, temporary) shut down because of harassment by the California State Medical Board. Apparently, she did not have the funds to fight the Board (her Family Practice Clinic is a non-profit free clinic, so she accepted a strict settlement from the Board. This requires her to take courses in management of chronic diseases, and hire a practice manager, among other things. And, this is in a state that supposedly has a law protecting doctors from just this sort of harassment! (

Please see this link for further info on Dr Yang's predicament" http://lymediseaseresource.com/wordpress/please-help-lyme-doctor-yang-in-dan-diego-who-is-being-targeted/

Vlynx said...

Sorry, my comment was truncated...

I am so glad to hear of your successful outcome.
I hoe this bodes well for the future of Lyme disease treatment.
Keep up the good work, Dr Jaller.

Wild Dingo said...

Congratulations! I am very happy for your victory. YOu, Dr. Jemsek, Dr. Jones and all the ILADS doctors are heros. You stand to lose everything and yet you stand up for your patients. Thank you. Thank you. Thank you!

Marta said...

I am overjoyed to hear your news Dr Jaller. You helped me come back from a horrible place I was put in by Lyme Disease and co infections. Your skill at assessing what is going on in this complicated group of infections is remarkable.
Hopefully this outcome will help others faced with ludicrous charges brought by the ISDA>
Martha

janie said...

Wonderful!! Thanks for fighting and hanging in there.

Betsy said...

Congratulations and thank you for your life saving work. It took me years in the wilderness, followed by my wonderful doctor and healer, Sarah Fletcher. To gain most of my life back. You and the few other LLMDS. Are heroes.

SwirlyThing said...
This comment has been removed by the author.
SwirlyThing said...

http://www.gofundme.com/help-jaller


Please support Dr Jaller's fight against these unscrupulous insurance companies, so that he can continue to help those of us who have been unable to find help elsewhere.

JasonG609 said...

INCREDIBLE!!!

So happy for you, Dr. J.

Thanks for continuing to fight!

Best,

Jason

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Sebastien Millon said...

Thank goodness! So happy for you and your patients! a little annoyed they gave you a reprimand though but in the grand scheme it seems irrelevant. I'm happy you get to keep practicing.

Thank you as always for sharing your work and insights with us.

Paula said...

What wonderful news!!! Hopefully this will set a precedent for future LLMDs. Thank you for doing what you do!

Paula
from Canada

Unknown said...

So happy to hear of the good outcome and that you will still be treating patients and sharing your amazing knowledge and insights with us!

Natalie Speedracer said...

Wahoo! Now you gotta sue them for legal fees and suffering and defamation

Natalie Speedracer said...

Woo hoo! Now to sue for legal fees, lost wages, defamation and pain and suffering.

Fred Schilling said...

Excellent News Dr Jaller, and thank you for your continued efforts. You and other practitioners stick your necks out everyday and the more frequently you do and the more frequently you WIN like this, the better our odds are as patients. This is truly great news to hear.

Caroline Green said...

Congratulations! We'd like to celebrate with you!
Caroline
http://www.creativebiomart.net/