The Supreme Court Reinstates Requirements to Reestablish Surgeon's Competency
The Supreme Court of South Carolina reversed in part a decision by the Administrative Law Court regarding a surgeon's reestablishment of competency to practice medicine. Osman v. S.C. Dep't of Labor, Licensing, and Regulation, 2009 S.C. LEXIS 99 (Apr. 27, 2009). The surgeon performed a Caesarean section ("C-Section") on a patient who, due to complications, almost lost her life.
The South Carolina Board of Medical Examiners ("Board") alleged about thirteen deviations from the standard of care. The surgeon admitted to the following: inappropriately performing the surgery in a community county hospital with limited resources; failing to ensure surgical backup; and failing to obtain written consent. The Board then issued a public reprimand, imposed costs of the proceedings, and required that the surgeon meet certain conditions to be able to return to the practice of surgical obstetrics. The Administrative Law Court, while allowing the public reprimand and the costs, stroke the competency requirements.
The Supreme Court agreed with the Board. Section 40-1-120(A)(3) of the South Carolina Code of Laws permits the Board to put the licensee on probation and require that certain conditions be met during this period, including additional education or supervision. The surgeon, therefore, had to comply with the Board's conditions to be able to return to her practice.
This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.
Posted by Ryan McCabe at 5/6/2009 7:35 AM 
Categories: Competence,Surgeons,Final Orders,Disciplinary Proceedings,Probation,Physicians,Appeals
Categories: Competence,Surgeons,Final Orders,Disciplinary Proceedings,Probation,Physicians,Appeals
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