... is for good men to do nothing. Edmund Burke |
Amicus Brief Filed in Support of Petitioner/Apellant Gil N Mileikowsky, MD
Hearing officers are usually lay people, who don’t have the power or expertise to make decisions on medical disciplinary charges.
In the case at hand, a hearing officer’s decree to terminate a peer review hearing led directly to the restriction of the physician’s privileges.
This in turn caused the filing of legally required disciplinary reports to state and federal agencies purporting to confirm the veracity of the medical disciplinary charges levied
but never proven. In essence, by terminating the hearing, the hearing officer made a clinical judgment as to what clinical evidence was necessary to determine the physician’s medical competency;
thus making the medical determination that the physician is medically incompetent to practice at the hospital, and thus depriving the physician of a fair hearing before his medical peers. CMA’s amicus brief, which was joined by the American Medical Association, argues forcefully that the granting of such powers to a hearing officer unlawfully deprives physicians of a fair hearing before his medical peers, and deprives patients of access to their physician of choice.
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