Mishler v. State Bd. of Med. Examiners, 849 P. 2d 291 - Nev: Supreme Court 1993 - Googl... - 0 views
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HCQIA healthcare quality improvement act Court of Appeals court appeal appeals healthcare hospital google scholar supreme court state med professional regulation healthcare regulation Board of Registration for the Healing Arts medical license Board of Med
shared by Brett Snodgrass on 19 Oct 15
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Dr. Alan J. Mishler
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After a brief association with the neurosurgeon in Reno, Dr. Mishler, appalled at the neurosurgeon's standards of practice and his billing procedures, refused to work with him any longer.
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Dr. Mishler
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the Chairman of the Department of Neurosurgery at Washoe Medical Center (WMC)
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brought his concerns to the attention of
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Governor
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an investigator
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he Board
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the Board obstructed Dr. Mishler's access to the records.
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WMC did not renew Dr. Mishler's hospital privileges.
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As a result, Dr. Mishler could not obtain work elsewhere
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Board denied him access to the evidence (X-rays and radiographs)
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none of the experts had an opportunity to review the X-rays
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When WMC initiated the hostile chart review against Dr. Mishler
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First, the Board's timing is suspect because it initiated proceedings against Dr. Mishler five years after he treated the patients in question, when the Board knew that WMC had a five-year retention policy
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According to the uncontroverted evidence, Dr. Mishler's colleagues, in retaliation against him for his candor
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the Board's failure to retain the records relevant to the license revocation proceedings against Dr. Mishler demonstrates a significant degree of discovery abuse
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Board knew that Dr. Mishler had declared bankruptcy and could not afford counse
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Fifth, the merits of the allegations against Dr. Mishler were inadequately addressed because neither he nor any of the witnesses had the opportunity to view the X-rays and diagnostic films.
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similar abuses
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Dr. Mishler's surgeries were successful, the symptoms vanished,
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The sole purpose of the power to revoke a physician's license is to protect the public.
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Boswell held that a doctor's harsh criticism of other doctors did not warrant revocation of his license
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the discipline was unwarranted.
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The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physician
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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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only one
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subsequently found to be unjustified,
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Board
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limit the evidence
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obstruct Dr. Mishler's access to evidence,
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violated the same policy
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The Board knew that Dr. Mishler was so impoverished that he had declared bankruptcy, and that he could ill afford to hire counse
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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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reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice
