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I am in the process of suing a medical/dental board and

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I am in the process...
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: 2 years ago.Category: Legal
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Answered in 47 minutes by:
9/8/2015
Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,293
Experience: 30 years of experience
Verified

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

I understand that you may be disappointed by this response. I trust that you will not hold that against me.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

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.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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