As far as divorces go,
Dr. Susan Diamond's divorce beginning in February of 1999 with her husband, Rick San
Soucie, got rather nasty. Diamond was (and continues to be) a successful doctor specializing in patients with the HIV virus. San
Soucie found his own financial success in business. Beyond that, Diamond already had four children with San
Soucie and a fifth on the way when the divorce started.
Their second child, "Daniel" (name changed to protect a minor patient), had become a source of not only great stress but also disagreement. Daniel was a troubled child for years and yet at the time of the divorce had never been treated. When the divorce began it landed in the court of family court judge
Frances Harris. Since there was a dispute over the treatment over Daniel, Harris appointed psychiatrist,
Dr. Mark Blotcky, as the court appointed psychiatrist to treat and evaluate Daniel. Dr.
Blotcky began treating Daniel in the summer of 1999.
As it turns out, being a court appointed psychiatrist is rather lucrative business. That's because, unlike in private practice, a doctor like
Blotcky can charge whatever he chooses and both sides have no choice but to pay the bill. In Dr.
Blotcky's case, he performed two functions. The first function was
forensic psychiatric consultations.
Because this is a somewhat nebulous term, Dr.
Blotcky often charged for these consultations when he called lawyers for either side with updates, often times updates that the lawyers never necessarily asked for. For this role, Dr.
Blotcky charged $375 per hour.
In his other role, he treated Daniel. For this, he charged $180-$240 per hour. He initially diagnosed Daniel with
Bipolar Disoroder and prescribed
Depakote, a drug primarily used as a mood stabilizer in seizures and in Bipolar Disorder. Besides Depakote, Dr. Blotcky also prescribed
RisperdalBipolar, another anti psychotic used commonly in Bipolar Disorder.
The diagnosis was not a surprise to Dr. Diamond because her husband's mother was also diagnosed with bi polar, and she suspected that her husband also suffered from the disorder. Her husband had never been evaluated though so that was always just a suspicion. That said, the prescription of
Depakote was peculiar and surprising. That's because in the case of her husband's mother she used
Lithium effectively to control her moods. Normally, a psychiatrist would conduct a family history and would prescribe drugs that had worked effectively for other members of the family. In this case, Dr.
Blotcky ignored the effectiveness of lithium in treating Daniel's grandmother and instead prescribed a drug with no history of success in the family.
At the same time Dr. Blotcky had Daniel on this combination of drugs, he failed to perform any blood work on the child which is the standard of care. When Dr. Diamond prescribed Lithium for Daniel she also did blood work. That is the first time Daniel had ever had any blood work done (his pediatrician at the time did not do blood work with his physical exams). The blood work revealed that Daniel had developed hyperglycemia (an elevated blood glucose or sugar that is the precursor to Diabetes) as a side effect of the drug cocktail Dr. Blotcky prescribed. Diabetes and hyperglycemia are known side effects of Risperdal and that's just one reason why blood work is mandatory in conjuction with prescribing it. Fortunately, the elevated blood sugars did resolve once the medication was withdrawn, but in other cases the damage has been know to be permanent. Also, by doing the blood work it was discooverd that Daniel had hypothyroid (his thyroid function was low and did not function adequately). In monitoring Daniel Dr. Blotcky should have discovered this as well. He is a psychiatrist, which is an MD and he did go to medical school for 4 years. Certainly, the rather large fees he charged for treating Daniel warranted such a level of care.
In the fall of 2000, Daniel had a violent psychotic episode. His father had come to pick him up for a scheduled visit. He picked up a knife and ran outside with it toward his father. Unfortunately, this was not the first of his episodes. Normally, these episodes would exhaust him and eventually he would pass out in exhaustion. That's exactly what happened in this episode as well and fortunately no one was hurt as a result.
By August of 2001, Dr.
Blotcky wrote up a report in evaluating Daniel. Among his many findings, Dr.
Blotcky evaluated Dr. Diamond as having
Munchausen by proxy. This was another curious medical diagnosis. That's because Dr. Diamond was never Dr.
Blotcky's patient. He had no business offering any diagnosis of her. He was treating her son, Daniel, and that was the only person he should have diagnosed. Yet, for whatever reason he offered this diagnosis of Dr. Diamond.
By this point, she had butted heads with Dr.
Blotcky over several issues. She had already complained multiple times that the drugs he prescribed were ineffective. So much so that she illegally prescribed lithium herself out of desperation. Furthermore, Dr.
Blotcky had charged the family about $70,000 in the first two years of treating Daniel. In fact, Dr. Diamond had already made a formal complaint over his billing practices to the
Texas Medical Board. The
TMB claimed that because this was part of court proceedings they had no jurisdiction. (of course based on that logic Dr.
Blotcky, or any doctor, could lie, make up evaluations, or do just about anything in their role as an expert witness with
impunity since the
TMB was claiming that they had no jurisdiction to oversee doctor's behavior if it is part of court proceedings) Dr. Diamond would wind up complaining to the
TMB three times about the behavior of Dr.
Blotcky, and each time the
TMB refused to investigate citing a lack of jurisdiction. (if you've read my work before,
you should not be surprised at all to find the surprised to find the
Texas Medical Board caught up in corruption)
Then, ironically enough, on September 11
th, 2001, the family court heard testimony in the child custody dispute between Dr. Diamond and her husband. By this point Frances Harris had
recused herself due to scheduling conflicts and was replaced by
Judge Ruth Blake, a visiting family court judge. Blake should never even have heard any evidence. That's because Texas is what is known as a one strike state. That means that either side can ask that one judge be removed for any reason. That's exactly what Dr. Diamond's attorneys asked of Blake but Blake refused the order.
Not only did Dr.
Blotcky testify in court that in his "expert opinion" Dr. Diamond had
Munchausen by Proxy, but Dr. Diamond's maid, Margarita, testified that during the incident in the fall of 2000, Dr. Diamond encouraged Daniel to attack his father with a knife and even handed one to him. Dr.
Blotcky confirmed that this is the way Daniel described the story as well. Furthermore, Dr.
Blotcky also testified that Dr. Diamond prescribed lithium for Daniel against his wishes. (according to documents that Dr. Diamond discovered later, within weeks Margarita quit her duties as maid and went to work for her ex husband at a salary of $3000 per month. You can do the math on what that means)
Of course, it should be noted that for whatever reason these explosive accusations weren't repeated to any other body. If, in fact, Dr. Diamond had attempted to use her son to murder her ex husband, that would be a serious crime. Furthermore, such an unbalanced person has no business practicing medicine. Neither the appropriate D.A. nor the Texas Medical Board were ever contacted regarding this incident.
By August of 2002, on the strength of Dr.
Blotcky's findings as well as the accusation of Margarita, Dr. Diamond lost custody of her children. Because Blake had not
recused herself despite a legally binding request, the verdict was immediately appealed to the Appellate Court in the
Fifth District in Texas. By 2005, nearly three years later, the court finally rendered their decision and agreed with Dr. Diamond and her attorneys that Blake had her the case unconstitutionally.
By 2006, the case was back in
Dallas County Family Courts this time in front of
Judge Craig Fowler. The second trial was however a near exact replica of the first. Once again, Dr.
Blotcky repeated his charges that Dr. Diamond had
Munchausen by Proxy and the incident was introduced again. Once again, Dr. Diamond lost custody of her children and this time for good.
By this point, the divorce had cost her nearly $1,000,000 in total fees. Fortunately, she was well enough off to absorb it. Dr.
Blotcky had charged about a quarter of those fees to her. All of this was paid in order to watch her kids wind up with her husband.
Epilogue and Conclusion: I firmly believe that Dr.
Blotcky is serially corrupting the Dallas County Family Court System in order to benefit himself financially. I have identified three other cases so far in which others were similarly targeted like Dr. Diamond. As you can see, being an expert in the Dallas County Family Court System is quite financially fruitful for Dr.
Blotcky. Furthermore, the entire family court system is open to corruption. There is rarely a Constitutional issue in child custody cases. As such, family court decisions are final, and unlike a regular court case, they are always decided by a judge. Furthermore, all the players judges, lawyers, and experts, are more naturally beholden to the system than their own side. That's because they will spend their entire careers within the confines of the system. Most of the players know each other very well, whereas individual clients come and go. They can count on referrals and other business from everyone else in the system. In fact, experts like Dr.
Blotcky are recommended into the system by judges and lawyers that work in it. This natural tendency toward corruption can easily be exploited.
Furthermore, there is plenty to exploit. In this trial, the total bill was well within the millions. Since most get paid for their time, each player has every incentive to extend the trial as long as possible. For instance, visiting judges like Judge Ruth Blake get paid by the case. Had she
recused herself as the defense asked, that would have cost Judge Blake financially. While it certainly can't be proven, a cynic might hypothesis that the whole affair took seven years only to bleed Dr. Diamond of even more money. Keep in mind that as the losing party she ultimately paid for both sides of the legal fees.
Furthermore, the only other media that picked up this story is this piece from the
Dallas Observer and much of that has to do with the media's lack of interest in any story that has as its nexus a divorce. Because of the sheer magnitude of the emotions involved in any divorce, the media is apt not to believe any story that comes out of it. More times than not any accusation is chalked up to jilted spouse looking for revenge. As such, much of the corruption that infects the system goes uncovered by a media that has no interest in most stories that originate from a divorce. So, folks like Dr.
Blotcky can continue corrupting the system with little media attention.