There are instances when it is necessary for our attorneys to defend a medical license in a court of law after the medical board action is concluded. The reason: a physician or the medical board can appeal a decision with which it disagrees to a court of law. Elder & Good attorneys are well equipped to defend a medical license on appeal even if we did not handle the underlying litigation before the Kentucky Board of Medical Licensure or the State Medical Board of Ohio.
The most common reasons for appeal relate to final orders issued after emergency hearings (requested by the physician to challenge an emergency restriction or suspension imposed on his or her medical license by the medical board) or final hearings (the final “trial on the merits” of the case), as well as denials of license applications.
Often, a critical part of an appeal involves requesting and arguing for a restraining order or temporary injunction against enforcement of a final board order. If successful, a court of law will prohibit the medical board from imposing a sanction or punishment, such as a restriction, suspension or even revocation of a physician medical license until the court decides the merits of the entire appeal.
An injunction or restraining order often mitigates the damage from an unfair or improper medical board action, such as lifting a suspension or restriction that prohibited the physician from practicing medicine in Kentucky or Ohio. Of course, an injunction or restraining order can also result in the physician reopening the doors of his or her medical practice to treat the patients who rely upon them and to earn an income. If the physician is licensed in another state, an injunction may cause the other state to refrain from taking disciplinary action while the appeal is pending.
Elder & Good attorneys have successfully appealed emergency orders and final orders issued by the Kentucky Board of Medical Licensure to a court of law. In one case, the KBML had revoked a medical license after a formal hearing. The physician had utilized other counsel to defend his medical license against the KBML and, after revocation of his medical license, retained our attorneys to handle the appeal to a court of law.
We immediately obtained a restraining order and a temporary injunction. Most importantly, the judge overturned most of the final order, vacated the revocation and ordered the Kentucky Board of Medical Licensure to reconsider the penalty imposed on the physician’s medical license. As a result of effective medical license defense by our attorneys, the physician is now fully licensed to practice medicine by the Kentucky Board of Medical Licensure. He is not subject to a disciplinary order, restrictions or any conditions on his medical license.
There is a small window of opportunity to file an appeal after the Kentucky Board of Medical Licensure or the State Medical Board of Ohio issues a final order. After that window closes, the right to file an appeal is lost. If you are considering an appeal from an adverse medical board action, we urge you to contact us today to defend your Kentucky or Ohio medical license.