FDOC HAZARDOUS TO PRISONERS HEALTH By Mark Shenvood and Bob Posey • Thirty percent of the 129 doctors • At least one in every nine Florida through the 28th, shows that the who provide medical care to prison· prisoners suffers from severe men­ DOC has been 8 dumping ground ers incarcerated in the Florida De­ tal illness which prison guards are for troubled physicians. Doctors partment of Corrections (FDOC) not trained or equipped to deal with. who have repeatedly losl malprac· have marks on their records ranging tice claims, been found guihy of from malpractice to fraud. The The above are just a few of the sexually abusing their patients, been FDOC rarely fires or disciplines findings of a special investigative found guihy of fraud, and who only doctors it hires. even in cases where repon conducted by the 81. Peters­ have temporary or restricted li­ negligence causes prisoners to die. burg Times recently. In a three pan censes, or who have been disci­ series lhat made headlines in that plined by the State Board of Medi­ • Dozens of Florida prisoners have Centrol Florida newspaper during cine, are a bargain for lhe DOC. died since 1994 after receiving in­ lhe month of September, facts and And that appears to be the real in­ adequate health care. statistics were revealed about the centive for the DOC, which is con~ Florida prison system that had been stitutionally required to provide at • Recent Slate and federal legisla· concealed from the public. least some health care for the tion have made it almost impossible While prisoners in Florida, and 68,000 prisoners in its custody. for prisoners to successfully sue the their families, have been very aware Department of Corrections when that die quality of medical care has Life and Death Cost-Cutting subjected to medical malpractice, been going downhill for several The average doctor straight out even when it results in disfigure­ years, and while taxpayers have of medical school averages ment or life-threatening complica­ been paying more and more, the $120,000 a year. The DOC pays far tions. Even if legal action was suc­ Depanment of Corrections has been less, with salaries for the doctors it cessful, prison doctors are shielded able to keep lhe true state of affairs hires to treat prisoners running from from personal liability and taxpay­ from public scrutiny. S72,OOO to 586,000 a year. \Vilh ers are required to. cover any legal The special report by the Times, prison doctors being fully indemni· judgments against the doctors. which ran from September 26lh fied by tbe stale, lhe prison system PLP INSIDE THIS ISSUE: FPLP GRAND JURY CONVENED IN VALDES' MURDER A SYSTEM OF JUSTICE AIDS, HIV RATES HIGHER IN PRISON FDOC SECRETARY MOVES TO RESTRICT MEDIA ACCESS NOTABLE CASES THE STATUS OF PAROLE IS A CONSTITUTIONAL QUAGMIRE FSP PRISON GUARD ARRESTED IN DRUG STING OPERATION offers a safe haven for troubled tionable Doctors Ihat is put out by a FLORIDA PRISON LEGAL doctors by allowing them to avoid national consumer group. PERSPECTIVES malpractice insurance Ihat increases Three of the DOC's doctors POBox 660-387 when a doctor has problems. have a history of sexual misconduct Chuluota, Florida 32766 David Thomas, the DOC's chief with patients. Publishing Division of: doclor, admits that economics is a Fifteen of the DOC's doctors rI.ORJD~ 'IUlIO~..tS u:c.n ..ID O.c.u<l%Ano.... l~C. factor in the quality ofdoctors hired nre practicing on temporary or re­ A 50l(e)(J) Non Profil Organizalion (407) 568-0200 by the department. But that does nOI stricted licenses. Because of an excep­ Web: htlp:J/memberuol.com/fplplfplp.hlml trouble him. "Clearly, you would tion in Florida's law, doctors who prefer people that don't have any have restricted licenses or have not FPLAO DIRECTORS problems," Thomas said. "But I do passed either the Florida or national TERESA BURNS think Ihere is a place for well­ medical exam, but arc licensed in an­ BOB POSEY DARRYL McOLAMRY trained people who have made a other stale, may work in Florida"s pris­ DAVID W. BAUER, Esq. mistake, and we may be well­ ons. placed to do that because we have a Overall, only one-third of all FPLPSTAFF degree of control over our doclors the DOC's doctors are certified in a Publiwr TERESA DURNS that the outside world does not." specialty, a requirement generally nec­ Editor BOB POSEY Layout Editor JOliN OAKS The Times reported in Ihe first of essary to work at a hospital or for an Reselreh SHERRl JOHNSON its investigative series that dozcns HMO. BRIAN MORRIS of prisoners had unnecessarily died Between 1996 and 1998 the Admin. Auil. LISA FAULKNER TRt\CIROSF. aner receiving inadequate mcdical DOC admits it only reported three ······.. ········;:PLp·Aj)V·~s·oit;·, ..jjOARj)·_··· .. ·_..· treatment since 1994. Some critics doctors to the state medical board. question the reasons why the DOC Two of those doctors, Abigail WILLIAM VAN I'OVCK Rosario~Rivern PillLlP BAGLEV - SHARON SIMMONS is so willing 10 hire dociors wilh and Frederick Yontz, TERRV VAUGHN. MICHAEL LAMBRIX questionable histories and put them are still employed by the DOC even AUN J. COlTON - JAMES QUIGLEV JAMES TA VLOR· JUDIE IlIGIlTOWER in charge of a $225-million heallh after being reported 10 the medical CARL WELLS -GLENN SMlTfl care system, and the lives of prison­ board for negligently allowing prison· MARK SHERWooO· F.ARN HOWARD UNOA GOITUEB· SUSANNE M. MANNINO ers. ers in their care 10 die. JANE PRATI· PAUL ADAMS "Those numbers arc pretty atro­ The department is even willing KlM8ERLY PEOPLES· OSCAR HANSON JAMES r-.wOR· ENRIQUE OIAl CiOllS", said Randall Berg, a lav"'Yer to hire and place in positions of au­ with the Florida Justice Institute in thority doctors who commit crimes. FLORID.. PR1SO~ LECiAL POOI'ECl1\'E$ 1. publ.o.o.d bo­ Miami. "it shows they really don"t Dr. Robert Briggs, the chief medical mIInIIIly by FIarid.P>l........ l..<pIAid 0.......1-. r.... "2)2 E. C....l 0. o.I&f>Clo.. fl lllll. Maiti<ll Ad<!I.., FfL..D. , carc what level of care is provided ­ executive at Charlotte Correctional o Do. 66O-ll1. a..1uCIt.o. FLJ1766 FPLP ;, .1'"" Pfof. publk&, ... f_"._ on ,lit f\ot>;!. they're operating on the cheap.'" Instilulion, plead guihy in federal priooo .IId <Ii ju"a 'l".....' ..i<b "'" ..,al of ~ , "..id. r", ,nf",...,.." .n<! ,.........., ,rr"''''1 prl.....' .. court in 1981 to filing fraudulenl ",.. f.""ll Me.d, ond 1 01 _ .. "'" '1Ie.~ pubbc of Medicare payment invoices.. Florida.nd "'" US Redun 0( ....... ond t«>Ii .... Shady Physicians ...Ito or r"';;ly'i... ci';l nllll.. ilnp'cMns <OoId of The Times investigation dis­ Other examples of questionable ,""r. uo:I oppc!fl_.... ~ ...~Ied ""'" """ fOt 1"'""",",," 'nd P'_inlt<C...."'ob,h'y of pr,"" "rr""I.. covered tnat of the 129 doctors em­ doclors noted in Ihe Times report in­ M< olI ,"u.' I'PLP" d<upcd to..s.1rn> Th< lnr"'''''' in rrv <10<..... -..I, "fI«l ,II< ployed by the DCC sixteen have clude Dr. Effong Andem. He was dis­ oP- of ,lie JJ PubloWloo Df F,U i. ...... ~"'bl. ..,.. Y"". ,II< "odn ond ouppon... .--.. had 10 payoff previous medical ciplined in 1994 by the army on ...ocriplion .... 1......1............. R''1u..''d dooo<lom r", • .... ,. lIIboaiprioo OI, $6-priM><ICI .. IIJ·~.......... no- malpraclice claims in Florida, some charges that included "lack of atten­ 1•.lIi'yl "'tN,........ rion lo.dctail, failure to assume respon­ FPU' ,<Idm ond "'I'PCJII'<' OI. in""'" III more than once. ""","tNt••nkle.. new, ;.for""' ooJ .......lono rill I"""bl. Fourteen prison doctors - or sibility for patients, failure 10 admit or pubI""';"'" s..bo<ripoioo dOIIollon ill b< K~ b,- ,lot ",bocriW. ,....1" or 'br ""'... Ii... of FPI., fl'U"o II percent - have disciplinary re­ recognize errors, and failure 10 learn _.......,.. ,,,Io"'tt' ",IT .'MOI '01fIO"'d '0 ' ror ..... .Me. Duo: III ........ of "";1 • ..: ...IT ', 1000> all cords with the state medical boards, from mistakes." The next year, he was ......>pond..... aMol bo,~ 'D, .... ,II ,t ...... ......... _ .......u..,.;.,., a relatively rare distinction where hired by the DOC. P..nuwo. i, .......«1 '" '<fin" 1'. FI'LI' __ last year less than half of 1 percent Dr. Mireya Francis was disci­ rpu .oI>d any 11Id;ca1<d .<IIhof &I, Ol ,r i. ,..'<I"''" of the nation"s doctors were disci­ plined by the Florida Board of Medi­ NOTICE The information In this pubtieauon proVides news plined by a medical board. cine in 1993 for dispensing drugs to ~nd opinion from various SQurtes and mlY .ot Seven of the DCC doctors mentally ill patienls without first per­ provide sun1eient mfDfIMtion 10 deal ""th a lepl problem. Neithel the publisher, nor SllllT, WIIrnlnll have been disciplined more than fonning psychiatric evaluations. In or represents the suitabIlity of the InfOflMUon in lhis publlcalion for ir\$lilUlin& any legal lelion An once by medical boards and nine 1995 she was again disciplined for ly­ atlOlney or other knowledgeable person in ~ disputed Drea sliould be eomutlcd ror C.(pcricncc In legal are listed in a book entitled Qucs- ing in her application about being de- areas Th,s publication should not be relied on lIS aUIMrIlllth'e cil,rion F.P.L.P. VOLUME 5, ISSUE 6 Page 2 nied from practlcmg medicine in endy did not appreciate Moore's pro­ fensively said, "People make mis­ Ohio. The DOC hired her despite posal 10 do away with them and in takcs, and other people suffer for it:' those marks on her record.