Monday, December 6, 2010
For those who think that bar discipline is too lenient, try a recent decision of the Maryland Court of Appeals that affirmed the order of an administrative law judge in a medical discipline matter. The charges were brought by the State Board of Physicians against a doctor who had falsely denied in a license renewal application that he had been sued for medical malpractice.
The doctor had claimed that he misunderstood the question and that English was his second language. The court agreed with the ALJ that the doctor was proficient in English. Further, the court found that the false statement to the licensing authority was sufficiently related to the practice of medicine to warrant professional discipline.
The sanction: reprimand, a $5,000 fine, an ethics course and probation. The appeal of the sanction that the court rejected came from the doctor. (Mike Frisch)