U.S. Supreme Court rules for Black doctors in Sumter and Houston Counties

Yesterday, the U S Supreme Court, handed Black doctors a stunning victory in Georgia and the United States over the issue of whether hospitals and Caucasian physicians on the medical staff of hospitals can hide their discriminatory racist conduct behind a so-called "peer review privilege". The case which dealt with race discrimination 0f Dr. Russell Adkins, a Black Urologist, against Houston County Medical Center and Caucasian doctors that controlled the Medical Executive Committee in Warner Robins, Georgia. Dr. Adkins appealed a decision against him by a Federal District Court Judge, out of Macon, Georgia to the Eleventh Circuit, in Atlanta, Georgia. The Federal District Court Judge, out of Macon, Georgia had among other things ruled that a purported "peer review privilege" prevented Dr. Adkins from crucial information that could show that he had been discriminated against because of his race. The Eleventh Circuit Court in Atlanta, Georgia agreed with Dr. Adkins and unanimously ruled in Dr. Adkins' favor reversing the decision of the Federal District Court Judge in Macon, Georgia. After the Eleventh Circuit Court in Atlanta ruled against Houston County Medical Center, the physicians there were joined by several medical organizations like the Georgia Hospital Association and the Joint Commission on Hospital Accreditation (JAHCO). They asked the U S Supreme Court to overrule the Eleventh Circuit. The Supreme Court refused to overrule the Eleventh Circuit Court of Appeals. The decision by the US Supreme Court opened the "Peer Review" information that existed on Caucasian physicians who were not removed from the Houston Medical Center. They found Houston County doctors who had been sanctioned by the Georgia Medical Licensing Board because patients were harmed under their care.

Attorney George W McGriff of Atlanta, Georgia was the lead attorney in the Adkins case. The signature case that initially opened up "Peer Review" in Georgia was that of Dr John Marshall, a Family Physician in Americus, GA. He was removed from the medical staff of Sumter Regional Hospital in 2000. District Judge Louis Sands ruled that information on doctors at Sumter Regional have to be disclosed to see if Dr Marshall was discriminated against. Sumter Regional appealed Judge Sand's decision to the Eleventh Circuit Court of Appeals and were
rejected.

In an interview with the AmericUSumter Observer attorney McGriff said, “We have been litigating these discriminatory cases on behalf of Black doctors for more than ten years and we now have the U S Supreme Court agreeing with us -that racist and discriminatory conduct against Black doctors by hospitals and Caucasian doctors cannot be hidden behind a so-called peer review privilege.” Attorney McGriff said, “The so-called confidential policy, the Peer review privilege, that hospitals use to hide behind when removing a doctor from their medical staffs has been grossly abused and used as shield and a sword to hide how they have treated their Caucasian buddies as compared to how Black doctors are treated. It is nothing new that Caucasians doctors and administrators control and use the hospitals to destroy the profession and medical practices of Black physicians here in Georgia and around the country.” This privilege now cannot be used when there is the possibility of racial discrimination. In both of the above-mentioned hospitals, Caucasian doctors were the majority when deciding the fate of Black doctors. In both cases Drs Marshall and Adkins could show that Caucasian doctors, who were in control, would allow other Caucasian physicians to get away with horrific situations involving patients; and would not remove them from the hospital staff. They would make up excuses while creating spurious reasons for removing Black doctors from the medical staff of a hospital. It is now the law of the land and a great moment for attorney McGriff that the U S Supreme Court upheld an earlier ruling by the United States Eleventh Circuit which had agreed with attorney McGriff and others that the Peer Review policy could not be used when the possibility of racial discrimination exists. In other words, the doctors who are making decisions about a fellow physician cannot hide their actions behind the Peer Review process.

In Americus, Georgia there was a large protest against the removal of Dr. John Marshall by citizens. Subsequently, the hospital administrator Jerry Adams was put out of Sumter Regional Hospital. Jerry Adams led the effort to remove Marshall and the hospital's executive committee took his privileges away without telling the public of the reason. The hospital only reported that Marshall may have injured, patients, employees, and claimed that he leaked information to the NAACP. Marshall was the president of the Sumter County NAACP and he sat on the hospital's executive committee when he was removed.

Attorney McGriff noted that the efforts by Caucasian doctors to remove a Black doctor is usually facilitated by another Black doctor(s) assistance so that the white doctors can legitimize and validate the removal of the Black doctor. In Dr. Marshall's case it was with the help of two local Black physicians that were used to help oust him, according to Attorney McGriff. We continue to have Blacks who allow themselves to be used by Caucasians to help them go after another Black person. Selling out their fellow Black has become epidemic and it is one of the primary reasons why Blacks at all levels cannot advance. These traitorous Blacks existed during slavery in the United States and their kind is just as prevalent today as it was back then, says McGriff.