www.theunionleader.com/articles_showfast.html?article=59407
Merchants Automotive Group MANCHESTER Obesity is one of the biggest killers in America, leading to h eart disease, diabetes, high blood pressure, stroke and some types of ca ncer. Doctors have been warning their patients of the evil of being overweight for years, telling them to lose weight. But now a New Hampshire doctor is under a regulatory cloud for very blunt ly telling a female patient she is obese and needed to lose weight. Terry Bennett, who practices in Rochester, said he has "an obesity le cture for women" that is a stark litany designed to get the attention of obese female patients. He said he tells obese women they most likely will outlive an obese spous e and will have a difficult time establishing a new relationship because studies show most males are completely negative to obese women. Bennett said he tells them their obesity will lead to high blood pressure , diabetes, heart disease, gastroesophageal reflux and stroke. One patient who Bennett had seen five or six times took offense at the le cture and filed a complaint against Bennett about a year ago with the Ne w Hampshire Board of Medicine. Bennett says his former patient filed the complaint because "I told a fat woman she was obese. I told her you need to get on a program, join a group of like-minded people and peel off the weight that is going to kill you." He said he had discussed her obesity before with the woman, but she conti nued to put on weight, becoming diabetic with gastroesophageal reflux an d chest pains. "When I found out she was offended, I wrote her a letter apologizing and that should have been the end of it," Bennett said. The complaint was initially investigated and reviewed by the board of med icine's Medical Review Subcommittee, which recommended to the board that Bennett be sent a confidential letter of concern. Instead, the board asked the Attorney General's Administrative Prosecutio n Unit to investigate and seek a resolution to the complaint. A settleme nt agreement was proposed that would have had Bennett attend a medical e ducation course and acknowledge he made a mistake. Telling someone the truth is not o ne of them," Bennett said. A public hearing is likely to be scheduled by the board. Policing doctors The board of medicine's Web site says that state law authorizes the board to take disciplinary action against physicians who engage in providing false information, practicing medicine while impaired, behavior that is incompatible with basic knowledge and competence, dishonest or unprofess ional conduct, negligence, allowing an unlicensed person to practice in the physician's office, failing to provide aseptic safeguards, dishonest advertising or statements, willfully violating the Medical Practice Act or if convicted of a felony. "Complaints regarding high fees, rudeness or 'poor bedside manner' do not ordinarily violate one of the above provisions unless they also involve dishonesty or exploitation or gross negligence on the part of the physi cian," according to the Web site. "To me this is much ado about nothing," Bennett's attorney, Charles Dougl as, said. "If the board wants to get into policing how doctors talk to t heir patients, they are going to be very busy." Douglas said he has had clients not like what he told them or the way he told them, and he apologized when he found out they were upset. "Terry's an old-fashioned doctor who will see anybody if they have money or not, or if they are on Medicaid. He's the last independent doctor not owned by a hospital in Strafford County. He's not going to roll over on this, he is going to fight," Douglas said. Going public Under the statute governing the board and its procedures, the complaint i s confidential until a public hearing or an agreement is reached. Bennet t said he decided to go public with his case because he is furious about the complaint and the way it has been handled by the board and Attorney General's Office. I work hard at it and it wounds me deeply that I made her angry. Bruce Friedman, chairman of the board of medicine, said "The board ha s a process that examines all complaints. The board will look at any com plaint and decide if it has any merit or not." He said the board tries to remain impartial, particularly if a complaint results in a adjudicative hearing. Friedman said he could not discuss specific complaints but did agree that obesity is a major concern. He said some doctors work harder than other s on the issue with their patients. Assistant Attorney General Catherine Bernhard, who conducted the investig ation, said "I can't acknowledge anything," and referred to RSA 329, the statute that governs the medical board and its procedures. It states th at complaints are confidential until the board takes disciplinary action . Penny Taylor, administrator for the Board of Medicine, also said she coul d not confirm any complaint before the board. She did say the board receives about 20 to 30 complaints a month. In quit e a few instances, no action is taken, she said, and few go to a public hearing. The cases are usually settled before a complaint goes to a hear ing, she said. Patients rally Many of Bennett's patients have rallied to his defense, signing petitions and writing letters on his behalf and sending them to the board, Attorn ey General Kelly Ayotte and Gov. They are also willing to sh ow up at a public hearing to support Bennett. Melinda Haney of Rochester has been Bennett's patient for 15 years. She h ad more than 100 people sign a petition asking Lynch not to re-appoint A yotte as attorney general because of the investigation. Bennett would tell me 'Mindy, you're overweight and you smoke,'" she said. Whether I wanted to hear it or not, he was telling me the truth. All those things that happen to other people happened to me." Haney said a lot of things Bennett tells people are upsetting. He's the messenger and people are always out t o shoot the messenger," she said. She said Bennett is the most compassionate doctor there is. A lot of peop le who signed the petition, she said, just don't understand why the atto rney general is spending money to investigate. "We can't lose him becaus e someone doesn't want to hear they're obese," Haney said.
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