Monday, June 13, 2011

A Lower Standard Of Proof For Doctor Discipline

The Connecticut Appellate Court affirmed sanctions imposed (reprimand, probation and a fine) against a medical doctor on allegations that he had treated and prescribed medications for two minors without ever conducting an examination. The minors were in Nevada.

The court rejected the doctor's contention that his due process rights were violated. The court also rejected the claim that the clear and convincing evidence standard should be applied because that is the burden of proof in attorney discipline proceedings: 

 The plaintiff’s contention ignores the fact that attorney discipline proceedings, unlike the present matter, are not governed by the [Uniform Administrative Procedure Act]. The statewide grievance committee ‘‘is an arm of the court, and is not a body in which the legislature has reposed general powers of administration of a particular state program with which it has been given statutory authority to act for the state in the implementation of that program.’’ (citation omitted) 

(Mike Frisch)

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