Tuesday, February 22, 2011

Editorial Critique

In the Dallas Morning News Editorial “Doctor on sex-offender list too much to stomach,” the unknown author claims that the Texas Medical Board should be required to revoke a medical license from any doctor who is placed on deferred adjudication for sex crimes committed against a child. The author makes this claim in support of a bill that has been filed by Senator John Carona that would close the current loop-hole which allows a physician to avoid having their medical license revoked by entering a “no-contest” plea and accepting deferred adjudication from the court. At first read, I completely agreed with this author as his evidence seemed compelling.

The author’s evidence consists of an account of a Dallas-based physician who was charged with indecency with a child yet (for fondling a child), yet the physician was able to avoid having his license revoked by the medical board. The physician did not lose his license until he violated the probationary terms set forth by the board four years later. The author rationalizes that if a physician commits a sex-crime, he “has no business ministering to the health of unwary Texans,” and that the physician in question should have immediately had his license revoked. However, the author only uses this one physician example to demonstrate how the loop-hole is ineffective in regulating physicians’ licenses, and he fails to account for all sex crimes. Clearly this particular physician detailed in this editorial is unfit for practicing medicine, but is this evidence compelling enough to account for every physician who commits a sex crime against a child?

For example, what about physician “A” who has too much fun at his buddy’s bachelor party and unknowingly urinates in a public place in front of a child? This physician could be charged with a sex crime and have his license revoked. Was physician “A” completely out of line and using poor judgment in this particular circumstance? Absolutely. But is he human? YES. Does this mean that physician “A” is unfit to practice medicine? Not if this is a one-time lapse in judgment. If this is a one-time occurrence, it would be a pretty inaccurate reflection of the sound judgment this physician likely exhibits in the workplace, and it would be unfair to revoke his license.

This author does accurately point out that the physician he details in his editorial should have had his license revoked immediately. However, his evidence is inconsequential as he fails to account for all sex crimes committed against a child (like the one committed by hypothetical physician “A”). The author also states that the medical board has been notorious for being too lenient. Given that there are no credentials listed for this author, I will assume that this author has little to no knowledge about the actual inner-workings of the medical board, so his claim really cannot be backed.

It is likely that anyone who is reading this article agrees with the author on all accounts given that the majority of the intended audience most likely has little to no insight into the criminal justice system or experience as a physician with the Texas Medical Board. It’s easy to convince an uneducated audience with bold claims based on little evidence. I’d like to see this author further explore both the implications of this proposed legislation and the inner-workings of the Texas Medical Board before he/she makes such hasty generalizations.

Editorial: “Doctor on sex-offender list too much to stomach.” Unknown Author. February 3, 2011. Dallas Morning News.

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