On February 28, 2019 Commonwealth Court issued a decision reversing a Pennsylvania Medical Board order reprimanding a physician. The order reprimanding the physician stems from a medical malpractice case. The patient died and the Medical Board accused the physician of practicing below the standard of care. The physician objected to the public reprimand placed on his license. The Commonwealth Court agreed, striking the discipline.
I represent medical professionals in their criminal and civil professional license disciplinary case. The criminal court hearings occur all over the Commonwealth Pennsylvania. I really enjoy this travel aspect of my practice, allowing me to visit a variety of county courthouses. Today I had the pleasure handling a medical professional's criminal matter in the Luzerne County Court of Common Pleas.
On October 4, 2018 Commonwealth Court issued a significant decision in King v. BPOA discussing the Criminal History Record Information Act ("CHRIA").This statute gives licensing boards a discretionary authority to discipline, suspend, revoke, grant, or deny licensure based upon a criminal conviction related to the practice of a license. CHRIA's general purpose, however, is to control the collection, maintenance, dissemination or receive a criminal history record information.
In April 2018 a Pennsylvaniappellate court issued a decision in Abruzzese v BPOA, --- A.3d --- (2018). This case is one of three Spring 2018 cases reversing a Pennsylvania licensing board arbitrary disciplinary decision. I've written about the other two cases, .
Headline reads "Nurse to be Criminally Charged with 3rd Degree Manslaughter." This byline characterizes the extreme enforcement environment in which all medical practitioners are currently practicing.