Date: Thu, 29 May 2003 12:29:31 EDT
Subject: Letter from Bruce Gardner
To: info@peerreview.org,

I am Bruce L. Gardner of Austin, Texas and have lived in Austin since 1968
when I came to the University of Texas as a freshman. I am married with 3
children. For the last 26 years I have made my livelihood as an insurance and
investment broker.

I have known Dr. Philip Leonard since 1991 when I met him in a parent’s
meeting for a Sunday school class that our children attended. I remember that he
was very friendly and had a great sense of humor. Several years later I
suffered from migraines and went to see him professionally as a neurologist.
Previously, I had gone to 2 other healthcare providers to treat my headaches, but to
no avail. They gave me prescriptions but the medicines made me groggy and
unable to work effectively. Dr. Leonard was able to diagnose the cause of the
migraine and not merely treat the symptom. He asked if I had allergies and I
do as do a large percent of Austin residents with “cedar fever.” He prescribed
Claritin which quickly eliminated the migraines. I was very impressed.


I have also seen him for back pain and he has given me trigger point
injections. I can attest to not only their effectiveness, but that the procedure
requires that the doctor comes into close contact with the patient when finding
the trigger points and performing the injections. Although the procedures were
uncomfortable, they were always done in a very professional manner. I have
had clients who have had injections who have told me the same thing. I would
continue to recommend clients to Dr. Leonard without reservation.


I might add that part of my business is providing health insurance to small
and large businesses. My clients, as well as, have remarked how impersonal and
hurried doctors are in these days of managed care, HMOs and PPOs. Dr.
Leonard took a great deal of time diagnosing my headaches and I might add, did not
charge me for a 2 hour diagnostic consultation but only for an office visit.

Over the years my wife and 3 daughters have seen Dr. Leonard such ailments as
a sore back after an auto accident, sleeplessness, headaches, etc. At all
times he was a professional and a gentleman.


As an insurance and investment broker, I have worked with quite a number of
doctors. One observation I have is quite striking. His office furniture and
patients are very different from my other client doctors’ office furniture and
patients. The furniture is worn with couches that need to be reupholstered,
chairs that need to be repainted, etc.

The patients in the waiting room are predominately Black, Brown, and elderly.
I asked Dr. Leonard about this one day and he said that he has always felt
that it was a religious and moral obligation to help the least among us. He
said that he was one of only 2 local neurologists who accepted new Medicaid
patients and also that many local neurologists no longer accepted new Medicare
patients.

I want to give my observations about the hearing of the Texas Medical Board
Medical Examiners held March 3, 4 and 8, 2003. At that hearing, Dr. Leonard
had his license temporarily suspended. During my lifetime, I have attended jury
trials, hearings, and administrative proceedings and feel that I am familiar
with how such procedures are conducted, although I am not a lawyer. I am an
active member of two professional trade associations and have worked with the
organizations’ lobbyists. I have testified before legislative hearings myself.
The hearing was unlike any civil proceeding I have ever seen or hope to see
again in the future.


The main things that stand out:

One of the Board Members was obviously hostile & nasty in a consistent and
constant manner.

The Board’s General Counsel (chief legal advisor) acted as a prosecutor.
His role was supposed to be that of only advising about procedure in a neutral
manner. There was also chief prosecuting attorney whose function was to
conduct the Board’s case against Dr. Leonard so this seems like double teaming.

The Board Chair was an elderly thoracic surgeon but volunteered his own
psychiatric diagnosis of Dr. Leonard. His diagnosis was based on his reading of
an insurance coding manual called the DSM-4. The Chair said that the very
night before the final day of the hearing he accidentally spied the manual. He
arrived at a diagnosis of “frotteurism”. That diagnosis was one of the major
reasons stated in the official document that suspended Dr. Leonard’s license. It
seems unusual and improper that a diagnosis from a non-psychiatrist could be
quoted as a reason for license suspension; it seems even more unusual that it
came from Board Chair himself, who is supposed to be evaluating evidence not
giving evidence.

One of the witnesses subpoenaed for the hearing did not show up. Her best
friend testified how upset she was at Dr. Leonard’s alleged improprieties and
recounted them in detail. That is second-hand testimony or hearsay and even
in the relaxed standards of an administrative hearing, that seems wrong.

Finally, I want to say I have never seen such a miscarriage of justice and
a kangaroo court. My wife said the hearing reminded her of George Orwell’s
book 1984.

Dr. Philip Leonard is a fine physician. He provides the very poorest and
oldest the best medical care he can without regard for the ability to pay. I
have spent a great deal of time with him and cannot imagine him acting in the way
he been accused. On several occasions over the years, I have referred
several male and female clients and my friends to him and have heard not only no
complaints but several testimonials on how good a doctor he is.
I consider it a privilege to call him my doctor and my friend.



Bruce L Gardner
1502 West Avenue
Austin, Texas 78701
e-mail: HYPERLINK "mailto:bgardner@usjapan.com" bgardner@usjapan.com