Gumbs v. Dep’t of Health and Human Servs. – Aug. 2015 (Summary)

MEDICAL STAFF APPOINTMENT AND PRIVILEGES

Gumbs v. Dep’t of Health and Human Servs., No. 2014-3194 (Fed. Cir. Aug. 12, 2015)

The United States Court of Appeals for the Federal Circuit affirmed a physician’s removal from an Indian Health Services clinic based on charges of failing to maintain a valid medical license and practicing medicine without a valid license. The physician was aware that his medical license had expired. However, the day after it expired, he proceeded to make normal rounds, evaluating a single patient and prescribing for that patient medication before he was informed by the director of the clinic that he could not participate in any further patient care. The physician was notified that he was going to be removed from his position based on his failure to maintain a valid medical license, and his practice of medicine without a valid medical license. The physician appealed the agency’s action, and an administrative law judge found it to be reasonable under the facts.

The court of appeals agreed, determining that the decision was justified because not only did failure to maintain such a license adversely impact the clinic, but also it was required under the Medical Staff bylaws. The court was not persuaded that the penalty of removal was disproportionate for treating only one patient without a license. It reasoned that there was substantial evidence supporting the finding of a nexus between the physician’s misconduct and an adverse effect on the clinic.