Medical Board Not Liable For Summary Rulings, 9th Circ. Says

Law360, New York (April 27, 2012, 2:01 PM EDT) -- The Ninth Circuit on Thursday upheld the dismissal of a Nevada doctor’s claim that the state’s board of medical examiners wrongly suspended his drug-prescribing privileges, citing its previous ruling that such boards are immune from liability in exercising their summary authority.

In a published opinion, a three-judge panel said the Ninth Circuit had established that the board is a quasi-judicial body and is absolutely immune from liability over its quasi-judicial acts in the 1999 case Mishler v. Clift and that the board’s summary suspension of Dr....
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