The Importance of Expert Testimony In A Reinstatement Proceeding

On Behalf of | Dec 1, 2015 | Medical Licensing

We recently represented a medical doctor who applied to Pennsylvania for a medical license. The doctor’s medical license was previously revoked by the State of New York in 1995 for inappropriately touching two patients and a technician as well as several malpractice verdicts against him. Our client reapplied for licensure in New York in 2000 but was denied. Our client applied for licensure in two other states, most recently in 2010; however, both of these applications for licensure were denied.

After review of the New York Order from 1995 as well as a comprehensive interview with our client, we requested that our client undergo therapy as well as enroll in and successfully complete a boundaries course.

After his revocation in 1995, our client taught at several institutions and most recently practiced medicine in South America. We had our client examined by a forensic psychologist as well as a forensic psychiatrist. At the licensure hearing, both the forensic psychologist and psychiatrist testified that the doctor presented with a low risk to reoffend and had learned, through therapy and education not to repeat the conduct he was sanctioned for.

The Medical Board granted our client’s application for licensure.

If you face discipline for any type of conduct that fails to meet the standard of care, it is important that your attorney understand how the use of therapy, education, and expert testimony will help to mitigate your conduct, thereby increasing the likelihood of a good result.

We request our experts, in many cases, to use different testing devices, including polygraphs to support their conclusion.

For almost 30 years I have represented doctors, nurses and other healthcare professionals in hundreds of prosecutions. It is important for the client that the appropriate therapy and education be undertaken and that the appropriate medical experts testify in order to get a good result from the Board.