Wednesday, May 27, 2009

Fourth DCA affirms issue relating to physician’s right to due process

The opinion in Abram v. State, Department of Health (4D08-1965) speaks for itself but the introduction is quoted below:

This appeal presents the question of whether a statute allowing the Board of Medicine to discipline a physician who performs a wrong-site procedure violates the physician’s right to due process by allegedly including an irrebutable presumption that performing a wrong-site procedure falls below the standard of care. Finding no such presumption or constitutional violation, we affirm.


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