Berlow v. West Virginia Board of Medicine

The West Virginia Board of Medicine appeals the order of the Circuit Court of Ohio County restricting Abraham J. Berlow, M.D.’s license to practice medicine for two months. On appeal, the Board argues that its more restrictive order, permitting Dr. Berlow to perform only a limited number of tonsillectomies and then only with an assistant capable of performing the tonsillectomy and a supervising physician, is necessary to protect the public interest. Because we agree that the circuit court lacked justification to modify the Board’s order, we reverse the circuit court and reinstate the Board’s…