For Dr. Larry Miller, offering pro bono medical direction to a rural emergency medical service (EMS) system was something he both enjoyed and felt called to do. His steady hand took the system from one of the worst performing groups in Texas to a banner program that was provided the Rural EMS System of the Year by the Texas Department of Health Services. Shortly thereafter, Dr. Miller noticed a potential drug diversion while doing his statutorily-required drug audit of the system. When he questioned the lead paramedic, he learned that the paramedic has engaged in a massive theft and use of the narcotics. Immediately, Dr. Miller suspended the paramedic and notified local, state and federal officials. The paramedic’s license revocation was predictable. More shocking was Dr. Miller’s receipt of a proceeding before the Texas Medical Board concerning his license – particularly when his protocol and drug security procedures were recognized with an award the previous year.
Challenge:
There was an enormous amount of drugs stolen. The problem was separating the multiple, bad acts of the paramedic from the supervising physician. Because Dr. Miller was threatened with suspension or revocation of his license, the stakes were high.
Solution:
Much like litigation, an administrative hearing requires care and attention to themes, chronology and narrowing of issues. Jack and Chris Ayres developed a unique and specific strategy before the Texas Medical Board: contrast the rouge, criminal paramedic who abused the trust of the EMS system with the honorable, pro bono service of Dr. Miller that resulted in state-wide recognition.
Result:
Dr. Miller was vindicated at the Texas Medical Board with no action taken and the complaint dismissed.