Abram v. State, Department of Health, Board of Medicine

This appeal presents the question of whether a statute allowing the Board of Medicine to discipline a physician who performs a wrong-site procedure violates the physician’s right to due process by allegedly including an irrebuttable presumption that performing a wrong-site procedure falls below the standard of care. Finding no such presumption or constitutional violation, we affirm.

The Department of Health filed an administrative complaint with the Board of Medicine against orthopedic surgeon Leon Jay Abram, M.D., alleging that Abram, by performing a surgical procedure on a patient’s T3…