Quackwatch Home Page
License Revocation of Walter
W. Stoll, Jr., M.D.
Stephen Barrett, M.D.
Walter J. Stoll, Jr., M.D., practiced family medicine in Kentucky
for about 30 years, during much of which he engaged in nonstandard
practiuces, including chelation therapy. His
Web site lists nine episodes of what he considers "harassment"
by the state medical board, which finally revoked his license
in 1994. Today he offers "health coaching" by telephone
for $2.50 per minute. The 1994 revocation order is reproduced
below.
COMMONWEALTH OF KENTUCKY
STATE BOARD OF MEDICAL LICENSURE
CASE NO. 459
- KENTUCKY BOARD OF MEDICAL LICENSURE, PLAINTIFF
-
- vs.
-
- WALTER W. STOLL, JR., M.D., DEFENDANT
(Kentucky License No. 16933)
715 South Bonita Avenue
Panama City, FL 32401
FINDINGS OF FACT AND CONCLUSIONS OF LAW
**** **** ****
****
CHARGES
The Defendant, Walter W. Stoll, Jr., M.D., was charged with
undertaking to care and treat Patient "A" without first
performing a history and physical examination on said patient
or having access to recent medical data on Patient "A"
and/or on Patient "A's" medical condition. Further,
Defendant/s conduct in communicating with Patient "A"
was unprofessional. It was also charged that sufficient grounds
exist for discipline to be taken against the license to practice
in the Commonwealth of Kentucky held by Defendant, and that the
conduct delineated aforesaid constituted dishonorable, unethical
and unprofessional conduct in violation of KRS 311.595(8) .
Further and specifically, it was charged that Defendant/s
conduct is calculated or has the effect of bringing the medical
profession into disrepute as his conduct failed to conform to
the principals of medical ethics and was a departure from and
failure to conform to the standards of acceptable and prevailing
medical practice within the Commonwealth of Kentucky in violation
of KRS 311.597(4).
The Board was represented by Wes Faulkner, General Counsel
for the Kentucky Board of Medical Licensure. The Defendant, originally,
was represented by Robert E. Reeves of Lexington, Kentucky. At
a pre-hearing conference, the former counsel, Mr. Reeves, was
permitted to withdraw from the case, however, the hearing officer
stated that the final hearing would still be scheduled for Tuesday,
August 23, 1994, beginning at 9:00 a.m. The hearing was held
on that date, but Dr. Stoll did not appear nor bring substitute
counsel. He did write a letter indicating that he was not planning
to appear at the hearing.
FACTS
Doug Wilson, Medical Investigator for the Kentucky Board of
Medical Licensure, testified on behalf of the Board. The case
was furnished to the Board by the Fayette County Medical Society.
Patient "A" had filed a grievance with the Kentucky
Medical Association against Dr. Stoll, but Dr. Stoll is not a
member of that Association and when she was advised of this,
she requested that a copy of her Complaint be sent to the Kentucky
Board of Medical Licensure.
The facts appear to be delineated in a letter dated June 30,
1990 addressed to Dr. Stoll from Patient "A's" home
in New York. She stated:
Dear Dr. Stoll: I don't intend to pay your bill and I will
tell you why. When I was unable to coordinate my ride to Kentucky
with getting an appointment with you, I saw my doctor in New
York who referred me to an infectious disease specialist. I had
two blood tests. A CBC and Eosiniphil Count and was retested
for a parasite twice. All of the tests were negative. My Eosiniphil
count is normal. Not only do I not have four parasites, I don't
have any.
Originally, Patient A had heard of Dr. Stoll because he had
dealt with intestinal parasites and she believed that she might
have such a problem. She called Dr. Stoll by telephone and he
never saw the patient but advised her to have her stool and blood
test taken by a lab to determine whether she had parasites, and
he indicated to her that there was only one laboratory in the
United States who could perform this service. The name of the
laboratory was Ibile Diagnostic Parasitology Labs, Incorporated,
Phoenix, Arizona. Mr. Wilson saw Dr. Stoll and requested his
view of the situation. Dr. Stoll wrote a letter to Mr. Wilson,
which was received on December J, 1990, which we shall paraphrase
as follows:
On or about April 27, 1990, I received a phone call from [Patient
A]. I had never seen the patient before. She told me she had
been to many physicians over many years with no relief from many
symptoms (which were gradually getting worse). She told me she
had been referred by a friend (or something she had read -- I
don't recall). She had become suspicious on her own that parasites
might be her missing diagnosis. She had heard that I knew something
about diagnosing parasites and asked if I could take her as a
patient. I have yet to see this person or accept her as a patient.
After I listened to her long list of symptoms and many of
the ways she had tried to solve her problems, I suggested that
the least expensive way to answer that question (since, according
to her, she had already had every other test known) was to send
specimens to the only pathologist I knew, in this country then--and
now--who was competent to accurately diagnose parasites. I sent
her an authorization to have blood drawn in New York to send
with her other specimens. When her report came, she was found
to have what you see on the report. The problem with local laboratory
is that they never find anything but occasional pinworms (scotch
tape test when we already know what they are looking for).
Thus, Dr. Stoll's only contact with the patient was by telephone
and having received the report from the laboratory in Arizona.
Patient A was incensed that Dr. Stoll had indicated that she
had parasites when the physicians in New York determined that
she had not and she refused to pay his bills. He admitted in
his letter to Investigator Wilson that he never saw the patient
at any time and that his only communication with her was by telephone
and by letter.
When Dr. Stoll received Patient A's letter, he wrote back,
in script, on the very letter that she sent, as follows:
Barbara, there is no accounting for a fool, is there? There
is only one laboratory in the U.S.A. capable of finding these
parasites. I, too, have sent specimens to labs for 30-years and
never round any. Dr. Ibraham makes photomicrographs of all parasites
round that are then compared, if desired, to photos in parasitology
text. My patients so diagnosed get well. All you had to do to
prove who was right was to file the Rx plan. Results are what
counts! Five years from now you will be still going from doctor
to doctor and will probably be worse. Ten years from now you
will probably find another M.D. who has discovered what I have
learned and finally solve your problem. The tone of your letter
says you deserve what you get. Walt.
Dr. Julio Melo, a physician in Louisville who specializes
in infectious diseases diagnosis, was consulted by the Board.
Dr. Melo, by letter dated December 4, 1991, wrote:
Dear Mr. Wilson: I have reviewed the records concerning Walter
W. Stoll, Jr., M.D., Grievance No. 90-87, and find his professional
behavior inappropriate in several ways: (a) a physician must
perform a history and physical examination before specific recommendations
are to be made concerning diagnosis and/or treatment of a specific
patient and disease, (b) there are many laboratories in this
country that are capable of recognizing parasites, and not just
the one Dr. Stoll is associated with, (c) it is not very professional
and does not speak well of a physician to say 'Barbara deserves
her symptoms' in his letter to you dated November 1, 1990, (d)
Dr. Stoll should have had the professional courtesy of answering
her letter dated June 30, 1990 in his own letterhead rather than
writing on her letter to him, (e) medicine cannot be practiced
by phone or mail. Medicine is difficult enough after a history
and physical have been done. Consultations by phone covering
a specific patient are not proper.
On the date of the hearing, Dr. Melo also testified by conference
telephone and this hearing officer asked him whether or not the
existence of parasites could be discovered via laboratory tests
and results, and Dr. Melo replied that certainly laboratory tests
could discover whether parasites exist but that without a examination
of the patient and performing a history of the patient, one could
not tell whether the parasites were causing the patient's condition.
In fact, many people may have parasites within their system which
cause no symptoms. Thus, he indicated that it was absolutely
necessary for the physician to have seen the patient first before
making a diagnosis.
CONCLUSIONS OF FACT AND LAW
Dr. Stoll's only contact with Patient "A" was via
telephone and by letter. He did have a report from the laboratory
in Arizona, but he never saw the patient or examined her. His
return letter to her was not very professional in the manner
in which he returned it nor in the terminology use in his reply.
Further, this Board has previously entered an Order of Probation
and Restriction on Dr. Stoll's Kentucky medical license. This
Order of probation and Restriction was appealed to the Jefferson
Circuit Court and was stayed pending the appeal. The appeal is
still pending in the Jefferson Circuit Court and has not been
acted upon. One of the findings of fact in the previous case
concerning Dr. Stoll is set. out in Finding No. 8 of the Hearing
Officer, "The Respondent first met Ms. B.K. in 1972 while
he was working in Ohio and she lived in New York. Ms. K informed
Respondent of a problem with depression over the years. The Respondent
learned she had been taking amphetamines for approximately ten
years prior to seeing him. Between 1972 and the date of Ms. K's
deposition (February 1, 1988), Ms. K was examined twice by the
Respondent. Initially, a local drugstore in Ohio filled and mailed
the prescriptions to Ms. K. After moving to Lexington, the Respondent
again sent the prescriptions to be filled by a local drugstore
and mailed to Ms. K. However, after a period of time, the drugstore
refused to fill the prescriptions in such a manner. As a result,
the Respondent began ordering the amphetamines himself and mailed
them to Ms. K upon her written request."
We cite that previous finding, on which this Board entered
an Order of Probation, to indicate that Dr. Stoll had previously
given prescriptions to a patient without having seen the patient
but a very few times over a ten year period.
This Hearing Officer finds that the Defendant did undertake
the care and treatment of Patient "A" without first
performing a history and physical examination on the patient
or having access to recent medical data on her and her medical
condition, and that such conduct was unprofessional. Further,
this Hearing Officer finds that there are sufficient grounds
which exist for discipline to be taken against his license to
practice medicine in the Commonwealth of Kentucky and that the
conduct delineated constituted dishonorable, unethical and unprofessional
conduct in violation KRS 311.595(8) and KRS 311.597(4) .
The Board should take note that this is not the first conduct
which the Defendant was charged with and that an Order of Probation,
which has not been acted upon, is still pending in the Jefferson
circuit Court.
Pursuant to the 1994 amendments to the Medical Practice Act,
specifically KRS 311.591(7), "upon completion of the hearing
process, the hearing officer shall prepare proposed findings
of fact and conclusions of law, but shall not make a recommended
disposition..."
ENTERED this 8th day of November, 1994.
MARTIN GLAZER, Hearing Officer
1516 Vivian Lane
Louisville, KY 40205
Quackwatch Home Page
This article was posted on January
7, 2003.
|