Court Imposes Stringent Disciplinary Standard

Ryan Nute

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Medical malpractice cases sometimes involve related disciplinary proceedings against providers. In a recent ruling the Washington Supreme Court imposed a higher burden of proof in connection with disciplinary proceedings against nursing assistants.

The Court ruled that "clear, cogent, and convincing proof" was required (rather than that the disciplinary allegations be proved by a "preponderance of the evidence"). The Court relied on an earlier ruling involving the revocation of the license of a Seattle doctor (who was accused of probation violation and sexual misconduct).

Disciplinary proceedings should be inquired into in any medical malpractice case involving a doctor, nurse, nursing assistant or any other medical provider.

Read more: Rachel La Corte, The Seattle Times