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Volunteers, non salaried appointees and retired physicians and other medical personnel that obtain employment under Federal Personnel Jurisdiction are still representatives of our government and still have to abide by the law.
See: and and the United States Office of Ethics at:
  • Public service is a public trust, requiring employees to place  loyalty to the Constitution, the laws, and ethical principles above private gain.
  • Employees shall not hold financial interests that conflict with the conscientious performance of duty.
  • Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest. 

Personal testimony from William Y. Moores, M.D. regarding the conduct and business intent of The Permanente Medical Group and involvement of the Kaiser Health Plan.  Specifically information  involving the former Dr. Terry McEnany, chief of the department of cardiovascular surgery at the San Francisco Kaiser-Permanente Medical Center.

On Friday, May 25, 2007, David Thornton of the California Medical Board was deposed by the Circuit Court of the State of Wisconsin in and for Eau Claire County, regarding Kaiser Permanente's violation of California Business and Profession Code - Section 805.  In short Kaiser had covered up a terribly negligent physicians conduct, including the fact that this particular cardiovasular surgeon, Michael Terry McEnany,  who was then Chief of The Permanente Medical Groups's (TPMG's) Cardiovascular Surgery Department, was no longer allowed to operate without physician supervision at any time :

This deposition was necessary for a thorough explanation to the State of Wisconsin as to how and why Dr.Michael T. (Terry) McEnany, Chief of TPMG's Cardiovascular Surgery Department was allowed to continue practicing medicine; how he was enabled by Kaiser Permanente to falsify employment documents to secure an out of state job in Wisconsin,  overseeing another Cardiovascular Surgery  Department and other serious endangering to patient matters.  This document establishes the history of and validity of the following documents listed on this page.   It also provides an explanation for Kaiser Permanente's defensive justification of breaking the law and consequently endangering numerous patient lives.

Michael Terry McEnany, M.D. was offered a deal whereas if he left the state and gave up his California Medical License no action would be taken against him.  If he were to return to California though and want his license back then the California Medical Board would take formal action against him.  Unfortunately for the people of Wisconsin that didn't know about this secret, illegal and conspiratorial business deal, a lot of people were harmed.

Kaiser Permanente was in violation of California Business and Profession Code - Section 805.  This is clearly patient endangerment.

Kaiser did cover up a terribly negligent physicians conduct, including the fact that this particular cardiovascular surgeon was no longer allowed to operate without physician supervision at any time.  Please view the following :

Testimony of David Thornton in text form for easy reading at:
In original form viewed at:

Frank Alvarez and Phillip Madvig were found guilty of wrong doing in covering up what Dr. McEnany had done and were fined.  

Disciplinary action and fine by the California Medical Board may be read at:

Kaiser paid the fine and both men that took part in a cover up were rewarded very well by Kaiser - Frank Alvarez  went on to become CEO at Tucson Medical Center in Arizona and Lumina -

Transcript of the Civil Penalty and fine by the California Medical Board against Frank Alvarez and Philip Madvig, M.D. may be read at the following links -

Transcript of defense of Frank Alvarez and Philip Madvig, M.D. and signature of M. Terry McEnany, M.D. regarding the surrender of his California medical license.

Dr. Phillip Madvig was promoted to the position of associate executive director for quality in the Oakland corporate headquarters.   Philip Madvig is Associate Executive Director of The Permanente Medical Group according to his Permanente web page.

Documents showing secret cover-up deal and corporate and physician cover up at:
original scanned copies of the above transcribed documents:

Falsified employment application prepared by Dr. McEnany for clinical privileges at Luther Hospital

Signature Page for falsified document


Relevant news articles:
"You might think that McEnany would have had a hard time landing the Wisconsin job after his California experience. But as part of his resignation deal, according to California officials, Kaiser agreed to terminate McEnany's practice review and not file a report to the medical board of California, as the hospital was required to do. When officials at Luther Hospital ran a routine background check on McEnany, there were no red flags. Had a Kaiser whistle-blower not tipped of the California medical board in 1996, sparking an investigation that led to McEnany's surrender of his licenses in California and Wisconsin, he could still be practicing. Instead, he is fighting off the remainder of 28 lawsuits filed against him between 1998 and 2000."

"That's why Raymond Hilson didn't know about the $200,000 settlement that Kaiser paid in 1992 to Richard Lord and his family for the loss of his wife Eleanor, who, according to the California investigation, bled to death while in McEnany's care. If Hilson had known more, he would have gone elsewhere. Learning the surgeon's history has made him see things in a different light. Strange as it may sound, he says, "I feel lucky to be a survivor."

Publication: Hospital Law's Regan Report
Date: Tuesday, February 1 2005
Subject: Medical malpractice (Cases)
Location: United States

PETER JALOWITZ HAD AN ENLARGED HEART AND A HISTORY OF AORTIC STENOSIS. The 81-year-old patient who had previously undergone surgery to repair an aortic valve a year earlier was at risk for sudden death. The patient's cardiologist referred him to Dr. Terry McEnany. Dr. McEnany met with the patient,.............

Before trial, the parties sought rulings on the admissibility of Dr. McEnany's record while he was practicing in California, referred to as the "California Evidence.".............

THE TRIAL COURT RULED THAT THE 'CALIFORNIA EVIDENCE' WAS INADMISSIBLE. The court refused to admit any evidence relative to Dr. McEnany's surgical practice in California. The plaintiff sought to admit the 'California Evidence' which included, inter alia, accusations of negligence by Dr. McEnany  as well as a memorandum of an agreement with a California medical facility where he had been employed as a surgeon that he would not perform surgery without the assistance of another cardiovascular surgeon on the facility's staff. The memorandum further stated that this was a "temporary solution to potentially reduce the situations where (the doctor) exposes himself (and subsequently, the patient) unnecessarily to problems by doing complex operative procedures with inadequate assistance.

Editor's Note: The failure of the California facility to fulfill its responsibility enabled the surgeon to practice in Wisconsin. It only paid a fine. The patient paid with his life. Jalowitz v. Physicians Insurance Co. of Wisconsin, Inc., 691 N.W. 926 -WI (2004) - for the complete article please read:

Why He Was Not Stopped -

Only six months earlier, the physician operating on him, Dr. Michael McEnany, then 55, had resigned as chief of cardiovascular surgery at San Francisco Kaiser Permanente Medical Center after peers raised serious questions about his competency. He had been forbidden to operate without another surgeon assisting. Hilson had no way of knowing that background, or that the medical board of California would later accuse McEnany of incompetence and gross negligence in eight surgeries that went awry during his time at Kaiser, or that McEnany would experience other complications, including sternal wound infections, among his surgical patients in Wisconsin.,9171,1004974,00.html

In 2001 in the State of Wisconsin, Phyllis Landis filed suit and later appeal alleging that Michael Terry McEnany, M.D.  had performed a malpractice so grievous that her husband Edward Landis died.

The following article references the McEnany abuse of patients by attempting to show that malpractice premiums and payouts are the reason that Kaiser and the Permanente broke the law and arranged for the secret relocation of Dr. McEnany in Wisconsin.  We don't believe that is the cause as Kaiser  self insures and does not have the premium issues that other conventional and more open corporations deal with.  As per their own financial documentation presented to various government authorities including DMHC and the I.R.S., multiple millions of dollars are annually set aside to cover their legal and malpractice cases.  

Rose Mary Clark also filed suit against Dr. McEnany and also had to file an appeal.  Neither she nor her deceased husband had been aware of the deceit that Dr. McEnany had displayed when he misrepresented himself to her family, his medical colleagues and anyone else that would someday need medical care under his specialty.

In 2002
Robert J. McElwain and Colleen L. McElwain, also took Dr. McEnany's malpractice issues to a court of law in Wisconsin.  As in the Landis case and others the McElwain's had also been deceived about Dr. McEnany's capabilities and honesty.  
Please read:

It is of interest that this following report uses this case because it does show that an understanding of the real problem is non existent in the public sector..
stored at:  
Many people have had the experience of having government agencies stop formal investigations into Kaiser questionable activities with the excuse used that "Upstairs" ordered the investigation stopped.  The two following documents suggest some of the reasons why these things happen and who Mr. "Upstairs" actually is.
The following is also cross referenced with:

According to this document found at:
under no circumstances should any regulatory or advisory government agency or authority ever trust a current or former Permanente Physician with  any position of regulatory authority over patients and their care.  This section of their current retirement package shows that they are ordered by contract to act against the Public Policy of the United States and are doing so for financial reward.  

Now you know one reason why government investigations are suddenly stopped - even after the public is advised that Kaiser Permanente has been caught red handed doing wrong.

According to this document found at:
it appears pretty clear that Kaiser Pool Physicians (non partners) will be paid even a they leave Kaiser and from employment with the Permanente for rendering second opinions and expert medical testimony as long as they do exactly what the Kaiser Permanente Attorney tells them to.

I guess we all should make sure to check out the employment backgrounds of physicians that provide second opinions outside of Kaiser and seriously question testimony from Kaiser employed expert witnesses.

Also check out

Both Jayant Patel and M.Terry McEnany have similar stories of corporate cover up, reward and shoving these unprofessional, negligent physicians off on other parts of the world while lying about their capability.

See: to view a corporate systemic pattern of behavior with Patel and McEnany and now also information on Sunil J. Patel.

Jayant Patel

-79 formal medical complaints were filed.
-3 deaths directly attributable to Dr. Patel were admitted by Kaiser.
-An unknown number of deaths were settled under confidentiality agreements.
-An unknown number of people were permanently damaged by this doctor.
-There may well have been other charges filed against this doctor and Kaiser not included in the 79 complaints.

How could all of this gone unnoticed? 

information and documents at:

Other revealing stories

a similar report from ABC News:
Former Kaiser Doctor Talks To ABC7 - Claims Many Medical Mistakes
Surgical radiologist Cyrus Safai worked at Kaiser for 13 years, the final years a battle he says as budget cuts made quality care impossible.

Stephen Schear, attorney: "He was just not provided the staffing, the technology or the nurse to be able to the procedures that needed to be done and so the linkage between cost and inadequate care was clear in many of these cases."
Patients whose conditions worsened and patients who died waiting for a procedure.

From - Ask Your Doctor: Is Sicko Right For You? By Edward W. Miller, MD
"A notice to doctors working for Kaiser Permanente HMO in Ohio warns: "Do not discuss proposed treatment with Kaiser Permanente members prior to receiving authorization from an outside company that sets guidelines for the treatment of patients."  He noted:  "Some doctors want to recommend treatments not covered by the HMO in which the patient is enrolled.  Their ability to do so may be severely limited by a confidentiality clause."