
Dr. Roberta Kalafut says Texas Patients Big Winners When Association of American Physicians and Surgeons (AAPS) Loses Lawsuit
ABILENE, Texas, Feb. 13, 2014 /PRNewswire/ -- The Texas Medical Board and its former president, Roberta Kalafut, DO, won a complete and total victory when U.S. District Judge Lee Yeakel for the Western District of Texas, (The Association of American Physicians and Surgeons, Inc. vs. The Texas Medical Board, et al) ordered that the AAPS "take nothing" in a lawsuit brought against the board and Dr. Kalafut, in her official capacity and also in her individual capacity.
Despite testimony by Daniel Munton, MD, a former partner of Dr. Kalafut, who served as the AAPS corporate representative at trial, and their key witness against her, the court found "lacking any proof that Kalafut has even attempted to exert any influence she may have on the Board regarding any physician complaint. The court finds what exists is only the Association's "unsubstantiated conjecture and its argument that Kalafut might, somehow, influence unidentified individuals currently on the Board to assist her in committing future, unspecified violations." Yeakel added that he found "no legal merit to any of the Association's allegations."
The verdict "reaffirms the mission of the Texas Medical Board to protect the citizens of Texas while assuring physicians that the regulatory integrity of the Board will succeed in making tort reform sustainable," said Kalafut. Dr. Kalafut viewed the lawsuit as an attempt to intimidate the Texas Medical Board in its oversight role of physician conduct and practice. Following the enactment of tort reform in 2003, the TMB increased its efforts in the physician disciplinary process and streamlined physician licensure.
Bobby Rubarts, the attorney representing Dr. Kalafut hailed the ruling as "a victory for the public. This lawsuit was an effort to weaken the medical board," said Rubarts. "A weakened medical board put patients' rights at risk."
Dr. Kalafut, who served 10 years on the Texas Medical Board and was also appointed its first woman president, said she felt vindicated."It has been six long years," she said. "I have been subjected to a statewide and internet campaign against my reputation. I am thrilled that the truth has finally come out," Kalafut said.
"I appreciate the efforts of Texas Attorney General Greg Abbott's office as well as my attorney Bobby Rubarts," said Kalafut. "It is my sincere hope that this case will not intimidate others from voluntary service on the Texas Medical Board to assure Texans receive the quality care they deserve."
SOURCE Dr. Roberta Kalafut
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