PROFESSIONAL ISSUES

Iowa doctor fights making charges public

The state's medical board has been to court twice in the past 12 months over public disclosure of allegations against physicians.

By Damon Adams, AMNews staff. Sept. 12, 2005.

A physician is fighting the Iowa Board of Medical Examiners in court, claiming that the board should not publicize charges against him.

The Iowa physician, identified in court documents as "John Doe, MD," has asked a Polk County judge to seal the board's charges against him, keeping the board from publicizing them. Michael Sellers, the doctor's attorney, said a hearing had been set for Sept. 21.

Sellers and medical leaders said the case could impact what information is made public in Iowa when a physician faces charges from the board. "Sometimes, when physicians first find out there has been a complaint is when they read about it in the paper," Sellers said.

This is the second time in a year that the medical board has found itself in court over public disclosure of allegations against physicians.

Sellers said a complaint had been made against John Doe, MD, by another physician who treated three of the anonymous doctor's patients. He said his client denies the allegations, which he would not specify. The board would not discuss details of the case, citing the litigation.

Sellers said charges against John Doe, MD, should not be made public because state law calls for only final board decisions to be public.

The other case against the board involved family physician Kirk M. Smith, MD, who applied for an Iowa medical license in 2001. Without holding a hearing, the board denied his request for a license, citing concerns about allegations that he improperly touched patients while in Missouri.

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