THE SPECIALTY OF DERMATOLOGY WILL SOON STAND TRIAL IN BEXAR COUNTY AND THE OUTCOME OF THIS TRIAL WILL HAVE FAR REACHING NATIONAL IMPLICATIONS. BECAUSE
THE STATE’S SEXUAL ASSAULT CASE AGAINST CALVIN LEE DAY, JR., M.D. IS WEAK AT BEST, THE DISTRICT ATTORNEY HAS DECIDED TO CLOUD THE CASE WITH OTHER ISSUES SUCH AS 1) INDICATIONS FOR TOTAL BODY SKIN EXAMS, 2) WHETHER DERMATOLOGISTS SHOULD
PERFORM GENITALIA/ANAL EXAMS, AND 3) WHETHER DERMATOLOGISTS SHOULD TOUCH/PALPATE SKIN LESIONS IN GENITAL/ ANAL/ BREAST AREAS AS PART OF THE EXAM.
IN THE LONG RUN, THIS CASE WILL AFFECT DERMATOLOGISTS NATIONWIDE ON THE FOLLOWING ISSUES:
1) WHO WILL DECIDE ON THE CRITERIA FOR RECOMMENDING A TOTAL BODY SKIN EXAM—WILL IT BE DERMATOLOGISTS THEMSELVES OR WILL IT BE THE GOVERNMENT? THE ATTACHED LETTER BY DR. RHODES INDICATES
THAT A TOTAL BODY SKIN EXAM SHOULD BE OFFERED TO EVERY PATIENT AND THAT NOT MAKING THIS OFFER WOULD LEAD TO UNNECESSARY DEATHS.
2) WHO WILL DECIDE WHETHER DERMATOLOGISTS SHOULD PERFORM
GENITALIA/ANAL/BREAST EXAMS – WILL IT DERMATOLOGISTS THEMSELVES OR WILL IT BE THE GOVERNMENT? THE ATTACHED LETTER BY DR. RHODES INDICATES THAT EXAMINATION OF THE ANUS/GENITALIA/BREASTS IS PART AND PARCEL OF THE TOTAL BODY SKIN EXAM AND THAT SKIPPING
THE GENITALIA/ANUS/BREAST EXAM WOULD LEAD TO UNNECESSARY DEATHS.
3) WILL THE GOVERNMENT BAN THE PALPATION (I.E., TOUCHING) OF SKIN LESIONS IN THE GENITAL/ANAL/BREAST AREAS BY
DERMATOLOGISTS. THE ATTACHED LETTER BY DR. RHODES INDICATES THAT PALPATION OF SKIN LESIONS IS PART AND PARCEL OF THE DERMATOLOGY EXAM.
IT WOULD BEHOOVE ALL DERMATOLOGISTS TO TAKE AN INTEREST IN THIS CASE BECAUSE ULTIMATELY THE OUTCOME
WILL AFFECT THEIR ABILITY TO CONTINUE TO PRACTICE EFFECTIVE AND LIFESAVING DERMATOLOGY. THIS IS YET ANOTHER ATTEMPT BY THE GOVERNMENT TO INTRUDE INTO THE PRACTICE OF DERMATOLOGY.
HEREIN IS A CASE SUMMARY:
is a she-said-he-said case without DNA evidence and without any eyewitnesses.
- The case against Dr. Day is based on accusations (words) and innuendo (hearsay)
PRESUMPTION OF GUILT SOLICITATIONS
- Solely on the basis of allegations from a single ACCUSER, Dr. Day was arrested on 01/27/2011 but he was not formally charged; in reality this was not an “arrest” but rather a “solicitation event”.
Day’s arrest was carefully choreographed to run on the major news channels and to obtain the greatest possible publicity in an effort to solicit more allegations against him.
- In addition to the pre-arranged timing and an all-points
media notification, a combination of the following negative media tactical maneuvers were used against Dr. Day:
- “pretrial criminal characterization” insinuated by televised images of Dr. Day in handcuffs,
- “presumption of guilt” solicitations as signified by using the phrase “other women” in television , newspaper, and internet solicitations, and
- inaccurate news stories wherein the term rape was used
when in fact there were never any rape charges and there were never any rape accusations.
- In addition, some of Dr. Day’s former disgruntled employees went online and made negative Dr. Day statements in blogs that were not true;
a few of them put up so many blogs that it appeared as though there were many more than there actually was.
- Prior to this, Dr. Day had successfully practiced dermatology in San Antonio for 28 years, without complaints
to the Medical Board or to the police, despite the fact that Dr. Day had cared for 20,000 female patients and had employed 350+ women.