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anonymous

Mishler v. State Bd. of Med. Examiners, 849 P. 2d 291 - Nev: Supreme Court 1993 - Googl... - 0 views

scholar.google.com/scholar_case

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

shared by anonymous on 28 Oct 15 - Cached
  • 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.
  • 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.
  • In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power.
  • ...5 more annotations...
  • Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
  • 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.
  • 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.
  • Despite the absence of this evidence—office records, X-rays, and diagnostic films— at the hearing,
  • the Board disciplined Dr. Mishler.
  • anonymous on 28 Oct 15
     
    The Nevada state medical board demonstrated egregious abuse of its power and placed patient safety at risk in doing so.
anonymous

94 F.3d 652 - NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opi... - 0 views

www.freelawreporter.org/...94.F3d.652.94-17013.html

healthcare regulation professional regulation Board of Registration for the Healing Arts medical license Board of Examiners in Medicine Antitrust patient safety notice circuit rule provides orders opinions publication law case collateral nevada state boar

shared by anonymous on 10 May 16 - Cached
  • United States Court of Appeals, Ninth Circuit.
  • Mishler's original complaint alleged the malicious deprivation of his constitutionally-protected property right to obtain official verification of the existence of his license
  • licensing tribunal must be impartial and cannot act on the basis of personal bias.
  • ...1 more annotation...
  • Each party to bear its own costs. Both parties' requests for attorney's fees under 42 U.S.C. § 1988 are denied.
  • anonymous on 10 May 16
     
    It took 10 years of litigation to address the corruption and dishonesty of the state medical board. The state medical board members used the state's authority to pursue strictly personal agendas and they maliciously deprived Alan J. Mishler, MD, the good neurosurgeon of his constitutional rights. 
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