Doyle v. Ky. Bd. of Med. Licensure (Summary)

PHYSICIAN LICENSURE

Doyle v. Ky. Bd. of Med. Licensure, No. 2011-CA-001915 (Ky. Ct. App. Apr. 5, 2013)

The Court of Appeals of Kentucky affirmed a lower court’s ruling denying a physician’s petition to set aside the dismissal of his lawsuit requesting judicial review of the state medical board’s decision to suspend and indefinitely restrict his license. The physician’s license was suspended after an investigation revealed the physician’s ongoing struggle with alcohol abuse. After filing two lawsuits challenging the Board’s action, the physician left the country.  Upon his return, he attempted to have his license reinstated. The state board amended its suspension in order to allow the physician to practice as a physician’s assistant. The physician’s license was later reinstated after he agreed to dismiss the lawsuits challenging the Board’s original suspension that were still pending. One year later, the physician filed a motion to set aside the dismissal of his previous suits, claiming that the dismissal was obtained through fraud and duress.

The appellate court held that the physician failed to demonstrate that the agreement to reinstate his license with restrictions (allowing him to practice as a physician’s assistant) harmed him in any way. He was able to earn more money and gained access to training he would not have been able to complete otherwise. The court stated that it did not find the requirement that the physician dismiss his petition of suspension fraudulent. He made a conscious choice to have his license fully reinstated, knowing the consequences of accepting the condition.

The appellate court also held that there was no evidence of coercion or misinterpretation by the Board. The physician could have rejected the Board’s offer, and the potential negative consequences of this decision were in no way concealed from him.