Case Details

Bilski v. The Board of Medical Licensure and Discipline of the State of Delaware
The Superior Court of Delaware affirmed the Board’s order finding a physician acted unprofessionally and violated the Medical Practice Act by failing to maintain appropriate records regarding controlled substance prescribing practices for two patients over a period of time. The Board accepted most of the hearing officer’s findings of facts but rejected the hearing officer’s finding that a violation of the Model Policy equated to per se unprofessional conduct. The Board sanctioned the physician by imposing a one year probation on his medical license subject to a six-month review. On appeal, the physician argued that the Board should have heard expert testimony regarding the standard of care, that there was no “pattern” of neglect, and that he was not provided adequate notice of the violations. The court rejected all of these arguments, finding that the requirement of expert testimony for medical negligence claims is not identical to those of administrative board claims. The court also found that the physician’s failure to document physical exams, pain assessments and treatment plans on numerous occasions was sufficient, even if these failures related to only two patients. The court held that the Board’s findings were supported by substantial evidence.

Key Terms
physician, license, discipline, controlled substance, unprofessional conduct, probation
2014 Del. Super. LEXIS 318
Superior Court of Delaware, New Castle
Decision Date