Mishler v. State Bd. of Med. Examiners, 849 P. 2d 291 - Nev: Supreme Court 1993 - 0 views
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When we look beyond the label of the discipline given to Dr. Mishler to the true nature of the facts, we conclude that the discipline was unwarranted. The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physicians. Instead, the Board wielded its power to ruin the career of an outspoken physician while simultaneously protecting a possibly negligent or incompetent practitioner who had questionable billing procedures.
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In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power.
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Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
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In 1993, the Arizona Supreme Court overturned all the of the AZ Medical Board's claims v. Dr. Mishler with prejudice. The Board's actions against Dr. Mishler constituted a disturbing abuse of its power.