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Verdicts
Doctor's Testimony Backfires in Disciplinary Proceeding
The Supreme Court of North Dakota has held that although expert testimony should be obtained in a license suspension proceeding, that testimony can come from the doctor under investigation if he himself admits to the parameters of the applicable standard of care. Huff v. North Dakota State Board of Medical Examiners-Investigative Panel B, 2004 N.D. LEXIS 362 (12/14/04).
A patient being examined for a trucker's license had failed the Ishihara Test for color blindness, which was administered by an LPN. Respondent doctor subsequently re-issued the test but, seeing that the patient was struggling, proceeded to manually assist the patient by tracing out the numbers or symbols with the patient's index finder. The doctor further permitted the patient to keep both eyes open during the exam. Upon conclusion of the test, the doctor crossed out the failed results on the patient's medical chart and deceptively wrote that the patient had passed the test once he had the exam explained to him.
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