Court Blocks Cancer Doctor's License Revocation Pending Appeal - Montgomery Alabama news.

Court Blocks Cancer Doctor's License Revocation Pending Appeal

Another victory for Montgomery cancer doctor David G. Morrison.

Judge Charles Price has temporarily short-circuited the Alabama State Medical Board's revocation of Morrison's license.

After months of hearings and testimony from expert witnesses, the board said Morrison committed several instances of medical malpractice, prescribed unneeded medications, and put patients in danger.

Judge Price's ruling doesn't question the board's decision or the evidence against Morrison.

Instead, he attacks the process.

Judge Price's decision - just four short pages - says while the medical board may have sufficient evidence to remove Dr. Morrison's license, it hadn't hit all the legal marks before taking that last drastic step.

The board held months of hearings and generated more than two thousand pages of testimony, and then revoked Morrison's license.

But state law says the doctor has a right to ask the circuit court to review that action.

Tuesday, Price said that if the state yanked the license without allowing him to read all two thousand pages, that gave him " meaningful opportunity for review," and because of that, " did not afford Dr. Morrison due process of law."

WSFA 12 News asked Dr. Morrison's attorney when he felt the doctor had enough of a hearing to fulfill the requirement for due process. 

"It's an important matter for all involved, and there's a lot of material that has to be reviewed and considered by the commission," said attorney Frank Wilson. 

"It's going to take the court - the court can't do in a short period of time what it has taken the commission months and months to do."

Late Tuesday, the medical board's attorneys issued a single statement in reaction to Judge Price's ruling.

Board attorney William Addison wrote "We expect an appeal to be filed within a matter of days and we are very confident that we will win."

The board faces a couple of obstacles.

First, in front of Judge Price, the board contended the current law gave regulators the authority to pull Morrison's license without judicial review.

But Price's ruling seems to say there's a hole in the very law they cite.

In addition, Morrison's lawyers got several other doctors to speak in his favor along with representatives of about three hundred patients who say they want Morrison to continue.

Morrison's lawyers say they are prepared to go to the Alabama Court of Civil Appeals to defend Price's decision in favor of allowing Morrison to continue practicing while his appeal proceeds.

Reporter: Chris Holmes

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