Mishler v. State Bd. of Med. Examiners, 849 P. 2d 291 - Nev: Supreme Court 1993 - Googl... - 0 views
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healthcare regulation Nevada medical license phyisician medical regulation state board medical examiners professional regulation Board of Examiners in Medicine Antitrust Board of Medical Examiners patient safety Board of Registration for the Healing Arts
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While the Board withheld documents from Dr. Mishler on the expressed basis of its policy of confidentiality, it violated that policy when it forwarded confidential material, including the transcripts of Dr. Mishler's conversations with an investigator, to Dr. Mishler's neurosurgical colleagues.
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Finally, even though the Board had the right to obtain the records and Dr. Mishler did not, the Board attempted to shift the burden for the preservation of evidence to Dr. Mishler.
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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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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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Also, while the Board used its own rules of confidentiality as an excuse to obstruct Dr. Mishler's access to evidence, it violated the same policy with respect to Dr. Mishler's confidential reports.