In re Guess Case Brief Summary Law Case Explained
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Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks ► https://www.quimbee.com/case-briefs-o... • • In re Guess | 393 S.E.2d 833 (1990) • What must a medical licensing board establish before it can revoke a doctor’s license to practice medicine? The North Carolina Supreme Court considered that question in In re Guess. • The North Carolina General Assembly established a Board of Medical Examiners and granted it the power to regulate the practice of medicine within the state. The legislation listed several grounds for revoking a doctor’s medical license. Relevant here, the board could revoke a medical license if the doctor didn’t conform to the standard of acceptable and prevailing medical practice. • Doctor George Guess, a licensed physician, sometimes administered homeopathic medical treatments to his patients. Homeopathic medicine is based on the belief that the body can cure itself, and involves the use of substances such as moss, plants, and other animal, vegetable, or mineral substances. • The board alleged that Doctor Guess’s use of homeopathic remedies was unprofessional because it didn’t conform to the standards of acceptable and prevailing medical practices. At a board hearing, several doctors testified that homeopathy wasn’t an acceptable or prevailing medical system. Guess was the only homeopath practicing in the state. Guess offered evidence that homeopathy is recognized in three other states and many foreign countries. Guess’s homeopathic treatments hadn’t ever harmed a patient, and it had provided relief to some patients after traditional medical treatment didn’t help. • The board found that Guess’s practice of homeopathy was unprofessional because it didn’t conform to standards of acceptable and prevailing medical practice. The board revoked his medical license but stayed the revocation for as long as he refrained from practicing homeopathy. • Guess appealed to the superior court, which found that the board’s decision wasn’t supported by competent evidence. So, the court reversed the board’s decision. The court of appeals affirmed, holding that revocation of a medical license is valid only if the doctor’s conduct is detrimental to the public or to a specific patient. Revocation wasn’t valid if based only on conduct that’s merely different from other doctors. The North Carolina Supreme Court granted the board’s petition for discretionary review. • • Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/in-re-g... • • The Quimbee App features over 20,000 case briefs keyed to over 223 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-o... • • Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/in-re-g... • • Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_... • Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-o... • Facebook ► / quimbeedotcom • Twitter ► / quimbeedotcom • #casebriefs #lawcases #casesummaries
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