Opinion

Brost v. State Medical Board

  • 62 Ohio St. 3d 218
  • 581 N.E.2d 515
  • 1991 Ohio LEXIS 2889
Court
Ohio Supreme Court
Filed
Dec 18, 1991
Status
Published
Author
Wright
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
15 cases

“Permanent revocation, of course, is the most serious penalty that the board can impose.”

How later courts described this case

  • “Permanent revocation, of course, is the most serious penalty that the board can impose.”

Written by the judges who cited it.

The opinion

Wright, J.,

dissenting. I respectfully dissent. In my view the majority opinion is at best an exercise in futility as to the ultimate result in this matter. I think it obvious that the so-called guidelines referred to in the majority opinion did not tie the board’s hands — the board’s vote was six to two in favor of revocation with two abstentions.

I have a measure of empathy with appellant and could well have joined a minority on the board who preferred a lesser sanction. However, what is unacceptable here is the substitution of our judgment for that of a board of appellant’s peers. The board’s decision was premised upon a doctor unquestionably “furnishing drugs to an addict, prescribing without medical indication to the detriment of a patient, and misadministration of controlled substances.” We have sent a flawed and improper message to the public and the medical profession. I simply cannot endorse same.

Holmes, J., concurs in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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