Huff v. BD. OF MEDICAL EXAMINERS-INVESTIGATIVE PANEL B
Decision Date | 14 December 2004 |
Docket Number | No. 20040151.,20040151. |
Citation | 690 N.W.2d 221,2004 ND 225 |
Parties | John D. HUFF, M.D., Plaintiff and Appellant v. NORTH DAKOTA STATE BOARD OF MEDICAL EXAMINERS-INVESTIGATIVE PANEL B, Defendant and Appellee. |
Court | North Dakota Supreme Court |
Ralph A. Vinje, Vinje Law Firm, Bismarck, N.D., for plaintiff and appellant.
John M. Olson, Olson Cichy Bliss, Bismarck, N.D., for defendant and appellee.
[¶ 1] John D. Huff, M.D., appealed a district court order affirming a license suspension order of the North Dakota State Board of Medical Examiners ("Board"). Under the circumstances presented in this case, we conclude Huff's testimony established the requisite standard of care and his deviation from it. We affirm.
[¶ 2] The Board's Investigative Panel B issued a complaint against Huff arising out of the administration of an Ishihara test, or "I-test," to Shawn Anderson by a nurse and then by Huff. An Ishihara test is a test "for color vision deficiency that utilizes a series of pseudoisochromatic plates on which numbers or letters are printed in dots of primary colors surrounded by dots of other colors; the figures are discernible by individuals with normal color vision." PDR Medical Dictionary at 1804 (2d ed.2000). The complaint alleged, in part:
[¶ 3] After a hearing, an administrative law judge ("ALJ") made the following recommended findings of fact, among others:
[¶ 4] In analyzing the evidence, the ALJ found:
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