Lee-Bloem v. State of Maryland (Summary)

LICENSURE – EXHAUSTION OF REMEDIES

Lee-Bloem v. State of Maryland, No. 2227 (Md. Ct. Spec. App. Dec. 4, 2008)

The Maryland Court of Special Appeals affirmed a circuit court decision, which granted the state motion to dismiss filed by the state of Maryland defendants, in a suit by a psychiatrist who sought a declaratory judgment and permanent injunction against any further proceeding by the Maryland Board of Physicians ("Board").

After it was alleged that a psychiatrist practiced substandard medicine, a peer review investigation ensued by the Board. The Board referred the matter to the Maryland Psychiatric Association, a nonprofit entity with which the Board contracted for peer reviews. After the peer review meeting, but before the Board took any disciplinary action, the psychiatrist sought a declaratory judgment and a permanent injunction against the Board.

The circuit court dismissed the psychiatrist’s actions because she failed to exhaust her administrative remedies. The special appeals court affirmed the dismissal, concluding that, "the administrative process would come to a standstill if parties that are the subject of agency investigations could file parallel lawsuits seeking to adjudicate an issue that is before the agency."