Dr. Alan D. Moy’s Version of the Hippocratic Oath
Floyd County is wealthy, financially, educationally, and in the medical resources we have. We have two thriving medical centers, Redmond Regional, and Floyd, and some of the best heart and osteo medicine practiced in the state.
We have a plethora of doctors, nurses, and other medical practitioners, as well as a technical college, Coosa Valley Technical College, which feeds this medical community. Of course, we also have the legal community to support this megalopolis of medicine, as well.
But, no matter the discipline, and no matter how wonderful a community can be, there are bad apples lurking to spoil the whole bunch. It is not in the practice of medicine which we find fault with our subject this week. NO, in fact, it is lack of practice of medicine which we not only find fault, but find obscene.
According to court documents, filed in the Floyd County Superior Court in December of 2007, Dr. Alan D. Moy, a Redmond Emergency Physician, caused a wreck on Old Dalton Road, after weaving all over the road, and forcing Phillip Williams off the road, into a ditch.
But not only did Dr. Alan D. Moy allegedly cause this horrific accident, but after doing so, Dr. Alan D. Moy, a medical doctor with an Emergency Specialty, allegedly fled the scene of the accident. This sort of response is not only criminal, it is OBSCENE.
Mr. William’s injuries were so severe, that after being transported to Floyd Medical Center, he had to be air lifted by Life Force, to Erlanger Medical Center in Chattanooga.
How do we know it was Dr. Alan D. Moy who caused the accident?
There were three witnesses to this horrible event, in addition to the victim, Phillip Williams. Witness #1, a retired law enforcement individual, whom we will call “RLE”, and two young women, riding together in the same vehicle, whom we will call “YW1” and “YW2”. Each witnessed Dr. Moy weaving, witnessed the actual accident, and then gave statements to the responding State Trooper.
According to RLE, he passed Dr. Moy, who was pulled over to the side of Old Dalton Road in his big Yellow Hummer, talking to someone, across from the driveway of what turned out to be Dr. Moy’s residence off of Old Dalton Road. As RLE drove past, slowly, his law enforcement training caused him to take note the driver of the Yellow Hummer. RLE described the driver as having dark hair, slightly graying on the temples, and possessing almost oriental facial features. As RLE drove past, Dr. Moy and his Yellow Hummer pulled out behind RLE.
Shortly after, YW1 and YW2 pulled out on to Old Dalton Road from their residence, behind Dr. Moy’s Yellow Hummer.
What all three witnesses noticed was that the Yellow Hummer kept weaving all over the road, as it drove down Old Dalton Road towards Martha Berry Highway.
RLE pulled into a driveway off of Old Dalton Road, in time to see an oncoming car meet the Yellow Hummer, which at that point was in the on coming car’s lane. YW1 and YW2, watched in horror as the driver of the on coming car, Mr. Phillips, veered off the road, and flipped into a ditch, in order to avoid the Yellow Hummer.
As the three witnesses responded, the Yellow Hummer sped away, never even stopping to check on the victim in the car.
When the Georgia State Patrol arrived, the three witnesses each gave their statements to the officer. Shortly after giving his statement to the State Trooper, RLE drove back to where he knew Dr. Moy lived. By then, the Yellow Hummer had circled back to its point of origin, Dr. Moy’s home off of Old Dalton Road, and was parked backwards so that the license plate could not be easily seen.
At that point, RLE drove back to the scene of the accident, and reported to the State Trooper and to the Floyd County Police Officer who was also there by then, to let them know that Dr. Moy was indeed home again, and that they could go question him
But on that 28th day of June, in 2007, neither the State Trooper nor the Floyd County Police Officer took the three eye witnesses at their word, and no one went to question Dr. Moy. No one took the word and physical description of the driver nor the description of the vehicle, a Yellow Hummer, by a retired police officer.
No one took the word of two young women, both who knew Dr. Moy, and knew Dr. Moy’s vehicle, a Yellow Hummer.
How many people in Floyd County, Georgia have a Yellow Hummer, and indeed, had a Yellow Hummer, on June 28, 2007?
How many people in Floyd County, have a Yellow Hummer AND live on Old Dalton Road where the accident occurred?
Why did the Georgia State Patrol or the Floyd County Police NEVER question Dr. Moy?
Well, here’s a surprise. Just last week, the Georgia State Patrol explained that they did call Dr. Moy, but when they did, Dr. Moy had already “lawyered up”. So, they did not pursue it further.
It has been left up to civil attorneys to file a civil complaint to get justice from a doctor who allegedly caused, and then left the scene of, an accident. But here’s another big surprise. Dr. Alan D. Moy’s attorneys have been avoiding discovery. He has refused to answer most of the basic question in the Interrogatories, and avoided producing many documents. You know - questions about past driving record, and DUI’s and such from California and Arizona where he practiced prior to coming to Rome.
Best of all, his attorneys convinced Judge Bryant Durham to sign an Emergency Stay of Deposition. On February 22, 2008, Floyd County Superior Court Judge Bryant Durham signed the Emergency Stay, until a postponed hearing could be held. Well, that postponed hearing was held this past Thursday morning, May 1, 2008, and Judge Bryant Durham told the victim’s attorneys that he needs a little more time to make a ruling on whether or not Dr. Alan D. Moy has to answer discover or appear at a deposition.
Now, I like Bryant Durham. But really, this case could be resolved so easily, if Dr. Moy was compelled to answer a few question about his driving record, and forced under oath to talk about the accident. There are really no monumental questions of law in this discovery phase - just a few lawyers stalling to up the 180 days of discovery deadline time. Did we mention that in their initial letter to Judge Bryant Durham, that Moy’s attorney, J. Clinton Sumner, of Magruder and Sumner, mentioned to the judge that they were co-counsel with Chris Twyman?
This is not anything unusual, when an attorney out of his league for a particular case, associates with one who knows what the heck he is doing. But it just so happens that Chris Twyman is a partner in Judge Bryant Durham’s old law firm, renamed now to Cox, Byington, Corwin, Niedrach Smith & Twyman. I also noticed, when standing at the courthouse reading through the file, that some documents filed by Sumner, on behalf of Moy, AFTER the letter to Judge Durham, that Chris Twyman is not even copied.
So, I am wondering a few things.
1) Does Redmond Emergency Physicians have any sort of clause in their contract with Dr. Moy, which requires that he lead a personal life of good moral character?
2) Is it too late for the Georgia State Patrol or the Floyd County Police Department to investigate this criminal act of causing an accident and LEAVING the SCENE of an accident, when there are three, very reliable eye witnesses?
3) Is it too late for criminal charges to be brought against Dr. Moy, and if so, can he also be charged for leaving without providing medical treatment, which he so obviously could have?
4) We are quickly approaching the one year anniversary of this accident. What will this County do with regards to holding a member of the medical community accountable? Are doctors above the law? Are they held to a different, lesser standard of conduct and legal responsibility than the rest of us?
5) What will the medical community do with regards to holding this doctor accountable?
6) What will be the legal community’s remedy for this alleged crime?