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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3613
Experience:  30 years of experience
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I am in the process of suing a medical/dental board and

Customer Question

I am in the process of suing a medical/dental board for negligence and violation of my constitutional rights (lack of due process) for a pending case against me that has been going on for 4 years. The investigative time has been unreasonable when their
rules state that investigations take a maximum of 2 years. I have lost many business opportunities because of this and have been denied licensure in other states because of the pending status. I have not sued for any monitory gain. You you think it is possible
to sue for money due to what this investigation has costed me by not allowing me to grow and expand my business for 4 years when no charges have been filed and my case is open ended with no end in sight? Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello:

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including over 18 years directly involved in the law regarding the regulation of health care professionals. I hope to provide you information that will help you in resolving your question.

I hate being the person to deliver bad news to you, and I know this is not what want you want to hear, but I do not want you to invest your time, energy and money pursuing a remedy that is not available under the law. Under the laws of the United States and each individua state, governmental agencies and their agents have what is called "immunity" for their actions taken in firtherance of their regulatory mission. The agencies typically enjoy what is known as absolute immunity while the individual actors have qualified immunity.

Under the legal concept of immunity, the agency, the board memebers, and the employees may not be financially liable for their actions, no matter how negligent those actions may be. Indeed, most often the lawsuits themselves are barred once the immunity issue is raised. There are some exceptions that arise. Those exceptions have to do with violations of civil rights. Even in those cases, there are very very few recoveries.

While it is understandable that you would feel the due process denials would qualify for a civil right violations, the courts have not gone in that direction.

Here are some links that have more detailed information regarding this issue:

http://legal-dictionary.thefreedictionary.com/Absolute+and+Qualified+Immunities

http://administrativelaw.uslegal.com/liability-of-administrative-agencies/absolute-or-qualified-immunity/

https://www.law.cornell.edu/wex/qualified_immunity

http://www.clearhq.org/resources/andrus.htm

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.