Mir v. Med. Bd. of Cal. (Summary)

MEDICAL BOARD APPEAL

Mir v. Med. Bd. of Cal., No. 12cv2340-GPC-DHB (S.D. Cal. Mar. 19, 2013)

The United States District Court for the Southern District of California denied a physician’s motion seeking injunctive and declaratory relief from the California Medical Board’s decision to revoke his medical license.  The medical board’s action commend in 2003 when the physician was first charged with gross negligence after performing a series of surgeries on an 81-year-old woman that ultimately led to an above-the-knee-amputation due to gangrene. After an initial determination to revoke the physician’s license in 2007, and a lengthy appeal process, the medical board finalized its decision in 2012. However, the district found that the physician failed to present any comprehensible facts to support his motion, instead finding that the physician’s motion “includes confusing assertions that mix law and facts.”

In Mir v. Med. Bd. of Cal., No. 12cv2340-GPC-DHB (S.D. Cal. May 8, 2013), the United States District Court for the Southern District of California granted the Medical Board of California and the other defendants’ motion to dismiss the physician’s first amended complaint.  The Court also denied the physician’s motion for reconsideration of the Court’s order denying the physician’s preliminary injunction.  The Court concluded, among other things, that the Medical Board of California was entitled to immunity under the Eleventh Amendment , the physician failed to state a claim under 42 U.S.C. § 1983, and the physician failed to provide facts necessary to obtain a preliminary injunction.