In general, if a malpractice suit were being litigated here, and absent a specific statute making the disciplinary proceedings privileged, the admission would be admissable as a declaration against interest or prior recorded testimony, depending upon how it occurred and in what form.

The approach taken by the disciplinary panel is not unusual -- most licensure actions are premised upon the public interest. With medical practitioners, the result of the malpractice is not dispositive of the case. Obviously, when dealing with health care matters, even a small error can have devastating consequences. They look more to the character of the mistake, the likelihood of it being repeated, and what it says, if anything about the fundamental knowledge and training of the practitioner.

So, if a neurosurgeon accidentally nicks a vessel in the brain, causing a stroke and death, that mistake, in isolation, would ordinarily not jeopardize his or her license. However, when you have repeated failure to take relevant action, as in Liz's case, most disciplinary panels would view this quite seriously.

While I don't have experience with dental boards, I do with medical. Even something with results as tragic as this would not necessarily result in the revocation of the doctor's right to practice. If it were a first offense, etc., there could be a lengthy suspension, requirement for further training and a period of supervised practice.


Jeff
SCC Right BOT Dx 3/28/2007
T2N2a M0G1,Stage IVa
Bilateral Neck Dissection 4/11/2007
39 x IMRT, 8 x Cisplatin Ended 7/11/07
Complete response to treatment so far!!