Gilbert V. Board Of Medical Examiners

This appeal presents three primary issues. First, whether the failure of appellant Dr. Gilbert to seek judicial review of revocation of his medical license by the Board of Medical Examiners (BOMEX) precluded him from later maintaining a civil action against BOMEX and its individual members for interference with contractual relations and intentional infliction of emotional distress. We conclude that he was precluded. Second, whether summary judgment was properly granted on similar tort claims in favor of a defendant doctor who testified at the BOMEX hearings and participated in peer review proceedings. We conclude summary judgment was properly granted. Third, whether the trial court properly awarded attorney's fees against the plaintiff doctor and against the doctor's attorney. We conclude the award was proper.