Opinion

State Medical Board v. Murray

  • 66 Ohio St. 3d 527
  • 613 N.E.2d 636
Court
Ohio Supreme Court
Filed
Jun 23, 1993
Status
Published
Author
Pfeifer
On the bench
Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
Cited by
26 cases

concluding that the order finding a violation is supported by probative, reliable, and substantial evidence and the penalty is in accordance with law

How later courts described this case

  • concluding that the order finding a violation is supported by probative, reliable, and substantial evidence and the penalty is in accordance with law
  • holding information contained in the medical board’s records “is to be kept confidential at all times and is not, under any circumstances, * * * discoverable in a civil action”

Written by the judges who cited it.

The opinion

Pfeifer, J.,

concurring. While there is an overwhelming amount of evidence that Dr. Murray violated the standard of care owed to his patients, I am concerned that the State Medical Board has discretion under R.C. Chapter 119 to revoke or suspend doctors’ licenses through a trial by ambush. During my short tenure on this court, I have seen repeated occasions where the State Medical Board has attempted to provide accused doctors with as little due process as possible by continuously denying defendants’ requests for information, interrogatories, and depositions. On future occasions, I will be less likely to uphold medical board decisions revoking or suspending licenses when the accused doctor has not been permitted to conduct elementary discovery procedures.

This court and the General Assembly should consider whether administrative bodies, such as the State Medical Board, should be permitted to deny discovery requests on a whim, or whether a more exacting due process standard should be enacted.

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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