Judge Stops Nevada Medical Board's Ability to Report Negative Data on a Physician

U.S. District Judge James Mahan has placed a temporary retraining order on the Nevada Board of Medical Examiners' ability to report "negative information" on a physician to the National Practitioner Data Bank, according to a Las Vegas Sun report.

In 2008, James Tate, MD, got into an argument with the father and grandmother over the early release of a then-14-year-old patient who was hit by a car. According to earlier Sun reports, Dr. Tate was accused of denigrating and striking the grandmother. The medical board last month issued a public reprimand and $1,000 fine against Dr. Tate for "bringing disrepute upon the medical profession." Dr. Tate was also ordered to take 10 hours of continuing medical education.

 

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Dr. Tate disagreed with the medical board's conclusion and requested a preliminary injunction to stop the medical board from reporting the disciplinary action to the NPDB. Dr. Tate's attorney argued the medical board's reporting to the databank would have "violated his due process rights and harmed his career," according to the report.

An Oct. 24 hearing has been scheduled for arguments against the medical board's reprimand.

Related Articles on Physician Quality:

Oregon Board Disciplines Physicians, Including Cases of Negligence and Substandard Care
Missouri Physician Accused of Allowing Unlicensed Person to Perform Botox Agrees to Probation
Texas Board Disciplines 108 Physicians for Violations Including Substandard Care

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