Counseled Physician through State Board Hearing
We represented a client accused of substance abuse and license renewal fraud in a proceeding before the State Medical Board of Ohio. At a hearing, we successfully rebutted allegations of substance abuse, but were denied access to evidence previously produced by the client to the Board during the preceding investigation that would have negated the notion of license renewal fraud. Furthermore, while the Board agreed the doctor did not suffer from substance abuse, it nonetheless imposed probationary monitoring for mental health concerns despite never charging the doctor with such issues.
We appealed the case to the Franklin County (Ohio) Court of Common Pleas and eventually to the 10th District Court of Appeals, whereby four of our five assignments of error were sustained. The appellate court thereafter reversed the Board decision and remanded the matter opining the Board violated due process, improperly withheld evidence, and engaged in other procedural rule violations. The Board’s prior sanctions were deemed to not be based upon reliable, probative, and substantive evidence, nor in accordance with Ohio law.