Posted on 11/30/2021 6:39:58 PM PST by nickcarraway
— Judge allows one of Paul Marik's claims to proceed
The battle between a physician and hospital continues over a COVID-19 treatment protocol involving ivermectin.
After Paul Marik, MD, filed suit against Sentara Healthcare over its ban of certain COVID treatments, a judge in Virginia granted in part Sentara's motion to dismiss the case, but allowed one of Marik's claims against the health system to proceed, in an order dated November 23.
At the same time, the judge denied Marik's motion for a temporary injunction to stop Sentara from enforcing its ban.
"The court finds that Marik has third-party standing to bring an informed consent claim on behalf of his patients but that he lacks standing to bring a claim under Virginia's Health Care Decisions Act," the judge wrote in explaining the order. "The court further finds that, for purposes of a temporary injunction, Marik has failed to prove that he is likely to succeed on the merits of his informed consent claim."
Marik's "position that physicians should be able to demand that hospitals support their alternative treatments, even if the hospital has reasonably determined those treatments to be unsafe, does not appear to be consistent with Virginia's informed consent law and arguably could set a dangerous precedent against established medical standards," the judge continued.
The ban on certain COVID-19 treatments has had a direct impact on the use of Marik's MATH+ Hospital Treatment Protocol, which includes ivermectin. Marik, a vocal proponent of the drug and founding member of the Front Line COVID-19 Critical Care Alliance, filed a complaint against Sentara the same day that the Journal of Intensive Care Medicine (JICM) retracted an article that Marik co-authored on the MATH+ protocol.
Though a spokesperson for Sentara previously told MedPage Today that it did not seek the retraction, JICM noted that the retraction followed receipt of communication from Sentara Norfolk General Hospital "raising concerns about the accuracy of COVID-19 hospital mortality data reported in the article pertaining to Sentara."
Last week's order signals that the back-and-forth between Marik and Sentara isn't over yet.
Fred Taylor, JD, a partner at the Virginia law firm Bush & Taylor who is representing Marik in the lawsuit, told MedPage Today in an email that, "Right now, we are weighing options as far as how we are going to proceed on the claim that was dismissed (via the Virginia Health Care Decisions Act)."
Marik's complaint against Sentara had argued in part that, under the Virginia Health Care Decisions Act, "individuals have a right to execute an advance medical directive specifying what treatment they are to receive under certain circumstances."
"Other than that, we will be moving forward with trial now on the claim regarding informed consent, and remain confident that the law is on the side of Dr. Marik and other doctors across the Commonwealth of Virginia who wish to treat their patients without restrictions," Taylor added.
Counsel for Marik wrote in a November 22 letter to the judge that Marik had arrived to work at the Sentara Norfolk General Hospital ICU 2 days after a November 18 court hearing to find an unexpected note from Sentara on his desk. The note allegedly stated that Marik's hospital privileges had been suspended for 14 days.
At the hearing, "Sentara expressly represented to this court that it would not discipline Dr. Marik in any way for informing his COVID patients that Sentara was preventing him from giving them alternative treatments that are, in his medical judgment (and based on unrefuted evidence), safe, potentially life-saving, and medically appropriate for them," legal counsel for Marik wrote in the letter. "Yet Sentara has now done exactly that."
A spokesperson for Sentara told MedPage Today in an email that, in accordance with state statutes and consistent with hospital policies, Sentara cannot comment on any medical staff proceedings.
"We are appreciative of the court's ruling on Dr. Marik's request for preliminary injunction regarding Sentara Healthcare's COVID-19 protocols. Sentara Healthcare is committed to delivering the highest quality of care to all patients at Sentara facilities. We understand some community members might see conflicting articles based on misinformation available online, but we want to assure our patients and community members that our treatment guidelines are extensively reviewed by multi-disciplinary groups of clinicians using the latest medical literature, care standards and expertise available," the spokesperson said in a statement. "Patients are safe in our care and health care professionals working in Sentara facilities follow evidence-based protocols as recommended by trusted agencies including the CDC, NIH, FDA and WHO."
Whatever happened to the promise of Individual[ized] Health Care?
[I know -— Third Party Payers]
The medical industry is fast destroying its credibility.
They may be joining the ranks of the FBI and the DOJ.
Thanks to Deep State we now have a Big Med to go with Big Pharma.
A de facto NHS.
It sucks just like the other one.
And for the same reasons.
Clap for carers!
“The medical industry is fast destroying its credibility.
They may be joining the ranks of the FBI and the DOJ.”
....and a whole lot of doctors are destroying their credibility. What ever happened to the Hippocratic oath they took?
they dont take the oath anymore...neat huh
“Patients are safe in our care and health care professionals working in Sentara facilities follow evidence-based protocols as recommended by trusted agencies including the CDC, NIH, FDA and WHO.”
ROFLMAO they forgot dr fauci
I consider the doctors a part of the industry, no longer a profession.
Doctors today are no more professionals than a guy working in a factory. Not that the guy in the factory has no talent. Many of them do, but they are forced by their companies to follow orders. They get a drawing made by engineering and are fired if they do not follow the specs.
Forget to the minute the word “hospital” and call it a health factory.
Factory...that describes our present day medical system.
Doctors are supervisors, nurses are workers...follow the prints and specs or else.
And almost all doctors are controlled by the health factories.
They follow procedures recommended by the CDC.
Dig into the CDC a little and you will find it is not a true federal agency. About half of its money comes from the CDC Foundation.
Look up the CDC Foundation and you will find that it is a money laundering organization that gets most of its money from big pharma and the Devos types...Bill Gates and Warren Buffet and their buddies. Every pharmaceutical you ever heard of is on their list of contributors.
But their instructions to the medical industry is based on science and only science? When every donor on the list has a financial axe to grind?
Sounds like a good plot for a movie but yes unfortunately real life now
How Can You Support Dr. Marik?
The get paid big to give them Remdesvir and put them on a ventilator and die.
This is the crime of the century.
I am lukewarm on this group. The masking and slowing theory is stopping herd immunity and killing more people.
This is a start. I am also seeing doctors walk away from medicare. I am hoping to find a group so I can put my extensive career as a medical technologist to work. My whole career mantra with illnesses, what doesn’t kill me only makes me more immune. Cant figure out why i haven’t gotten it yet.
As opposed to the hospital treatment of oxygen, then remidisvir, followed by the ventilator and death. 😐
Related:
“We are up to 16,000 MD’s and PhD’s that signed our Declaration.
We are United in the main 3 points.
NO vaccinating children for COVID- all risk and no statistical benefit whatsoever.
Natural Immunity is lasting, robust, and cannot be ignored.
Let Drs. Practice medicine and write off label to treat patients as we always have without coercion or threat.”
Physicians Declaration II – Updated
Global Covid Summit
https://doctorsandscientistsdeclaration.org/
“... by trusted agencies” ... like the FDA who reported on e-cigs and found them more dangerous than cigarettes by disregarding the warning from Surgeon General about TAR, by failing to even mention it in the report.
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