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OPINION: Bad doctors & politicians protecting bad doctors

David Lubofsky and his son, Asher Dean, in this December 23, 2014 photo. Asher Dean died at Guam Memorial Hospital on October 31, 2018, the result of medical malpractice.

By David Lubofsky

(Manila, Philippines) It’s hard to believe that it took 6 complaints for Mr. Nathaniel Berg and the Guam Board of Medical Examiners to do anything about Dr. Abner Pasatiempo sexual abuse complaints. The question begs to be answered, how many suffered due to the Boards inaction?


In the bigger picture and knowing Berg and the Board, it’s really not hard to believe the Guam Board of Medical Examiners has again failed the people of Guam. They knew this doctor had a history in Maryland, but still licensed him. This is par for course for Mr. Berg and the Board. I attended a meeting of this Board and heard Mr. Berg clearly say, we will license anyone who only meets minimal qualifications. I was angry to hear that, as it was only 4 months after my son Asher had passed due to alleged medical negligence. Berg and his Board have licensed also in the past doctors who have a history of malpractice and brought them to Guam with disastrous results. The Board is not driven by its mission to protect the people of Guam and when a local media organization referred to them as being corrupt, I must agree.

Under Nathaniel Berg’s leadership, the Guam Board of Medical Examiners has the lowest compliance rate of meeting national standards of the National Practitioner Data Bank in the country. Guam is only 29% compliant. These standards are aimed at protecting consumers. Under Berg’s leadership, the Board has broken the law by not enacting the PATIENT PROTECTION THRU INFORMATION law for 8 years. This law was passed 8 years ago and still has not been implemented by the Guam Board of Medical Examiners, which again aims at consumer protection. Berg and the Guam Board of Medical Examiners strongly support the Mandatory Malpractice Arbitration Act that silences and covers up malpractice negligence and death or injury of our loved ones. Berg even implied that we should not change that law due to the death of one child, ignorantly not recognizing that thousands have died and will die due to the apathy that law creates and that he supports.

The Board can’t do a fair investigation as they are all heavily conflicted. How can the Board do an investigation and never speak to the victims or the family who have suffered and made the complaint, but this is what they have done in the past. How can Berg or the Board impartially decide on complaints against DOCTORS when they are conflicted and Berg, for one, gets paid for services by the same doctors or clinics that he investigates?

The Guam Board of Medical Examiners needs an oversight hearing not more responsibility. Maybe if they did their job, they would not have licensed Dr. Abner Pasatiempo and so many others who have caused pain to the people of Guam and I contend has negatively impacted medical care. The info is in front of them, but they ignore and license.


Are you reading this Speaker Tina Muna Barnes and other Guam Senators? Is there anything that I said which is not true? If so, tell me, if not what are you doing to correct these issues and to protect the people of Guam. Shame on you and the Guam Legislature. The failures of the Guam Board of Medical Examiners and the injury and pain and death of our loved ones are on you.

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