# State Medical Board v. Murray

> Ohio Supreme Court · June 23, 1993 · 66 Ohio St. 3d 527

URL: https://www.frixlaw.com/law-library/cases/6767280

## Case

- **Full name:** State Medical Board of Ohio, and Cross-Appellee v. Murray, and
- **Court:** Ohio Supreme Court
- **Decided:** June 23, 1993
- **Citations:** 66 Ohio St. 3d 527; 613 N.E.2d 636
- **Precedential status:** Published
- **Opinion:** Concurrence by Pfeifer
- **Judges:** Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6767280

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6767280. Public record. Not legal advice.