Oregon Court of Appeals reverses medical board order of revocation based on improper notice
On July 18, 2018, the Oregon Court of Appeals revered an order entered by the Oregon Medical Board which revoked the license of Naina Sachdev, M.D. Dr. Sachdev was represented by attorney Kevin Mirch, who at the beginning of the hearing announced he could not give an opening statement because the charges against Dr. Sachdev did not comply with the statutory notice requirements were unclear. This is not the first time the Oregon Medical Board has been reversed based on failure to meet the statutory notice requirements. Any physician or professional licensee should consult with an attorney to examine the complaint to determine if proper notice of the charges has been given by the licensing agency.
Click to read the full opinion of the Oregon Court of appeals
Court of Appeals Opinion
If you are a medical doctor, and going before a peer review panel, you need an attorney who knows your rights under the Health Care Quality Improvement Act (HCQIA). Mr. Mirch championed those rights on behalf of his client, Dr. Kenneth M. Clark, in the 1991 Nevada landmark case of of Clark v. Columbia HCA Health Services . That case established that peer review panel members were not immune from suit for violation of Dr. Clark’s right to due process.
If you are a professional required to hold a license to legally provide services to the public and have been scheduled to appear in front of the licensing board for review, your license may be under threat. Any kind of dispute between you and the professional licensing board – such as an administrative or disciplinary hearing – could end with your license being revoked and you losing your ability to maintain gainful employment as a professional.
If you have been contacted by the board who issued you your professional license for an administrative or disciplinary hearing, it is essential that you contact an attorney immediately. The Mirch Law Firm has the experience and expertise to assist you.
We are available now to help. (619) 501-6220.