Sentences vary in case of colluding doctors, lawyer

The doctor’s answer: "Absolutely nothing. Nobody should give anybody up."

Kelesis told this story to the Nevada Board of Medical Examiners on March 5 as the board hesitated about accepting a settlement with Kelesis’ client, Dr. John Thalgott.

If they rejected the settlement as not tough enough, Kelesis argued, they would be sending a message to doctors to keep their mouths shut.

Understand, the board had been tougher on Kelesis’ other whistle-blowing client, Dr. Ben Venger. When his complaint was settled in May, Venger was placed on probation for three years. He was given a public reprimand for bringing disrepute on his profession. He paid a $5,000 fine and $12,375 in costs. He was ordered to undergo therapy as needed and to donate 805 hours of free service.

The neurosurgeon who admitted taking kickbacks and lying in court lost his privileges at Sunrise Hospital and Medical Center and has moved to Arizona to work in pain management.

Thalgott’s situation was different. In 2000, the orthopedic surgeon operated on Melodie Simon, then went on vacation, leaving her in the care of Dr. Mark Kabins. After complications, and further surgery by Kabins, the teacher/coach became a paraplegic. She hired an attorney, Noel Gage, to sue for malpractice. Thalgott testified Gage cut a deal that he would not sue Thalgott or Kabins but would sue the anesthesiologist.

Thalgott’s punishment by the medical board? The board accepted the settlement. Thalgott paid $5,000 to a charity and $9,500 in costs. But he wasn’t placed on probation like Venger. No actions were taken against his license. Thalgott is still practicing in Las Vegas at clinics and at Valley Hospital.

The two punishments from the medical examiners’ board seemed uneven. It looked like Venger received a harsher penalty than Thalgott.

One big difference? The money. Venger admitted taking nearly half a million dollars in kickbacks for telling medical consultant Howard Awand about lucrative potential malpractice and personal injury cases.

Thalgott was looking for protection from malpractice lawsuits, which in many ways is priceless to an orthopedic surgeon. After all, get too many malpractice cases, and a doctor becomes uninsurable.

Another difference: Thalgott argued that as a whistle-blower, Assembly Bill 10 passed in the 2009 Legislature protected him from disciplinary action from the medical board.

Rather than spend money and resources to argue whether that law applied retroactively to Thalgott, the board settled the complaint by saying Thalgott "may have engaged in conduct that is grounds for discipline when he gave a deposition in Melodie Simon’s malpractice case that was not complete."

Kabins’ punishment by the medical board is pending.

After he pleaded guilty to misprision of a felony, essentially not reporting a crime, he was sentenced to five years probation, 250 hours of community service and home confinement for six months, although he is allowed to work. He also paid $3.5 million to Simon. (Thalgott paid her $1.5 million.)

The medical board complaint filed in February charged Kabins with engaging in conduct that brings the medical profession into disrepute. Two other counts stem from his felony conviction.

Will Kabins lose his license? I doubt it. A month ago, he hired a juice doctor — politically connected crisis manager Sig Rogich — to rehabilitate his reputation. Attorney John Hunt was added to his five-man legal team to fight the medical board on constitutional grounds. Plus, no malpractice has been proven.

It will probably be summer before the medical board decides about Kabins, allowing plenty of time for reputation rehab. But the felon shouldn’t get a lighter thwacking than the two whistle-blowers. Wouldn’t look right.

Jane Ann Morrison’s column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call 702- 383-0275. She also blogs at lvrj.com/blogs/morrison.