Friday, Oct. 7, 2011 | 3 p.m.
A federal judge in Las Vegas has at least temporarily blocked the State Board of Medical Examiners from reporting negative information about a doctor to a national data bank.
U.S. District Judge James Mahan late Thursday issued a temporary restraining order requested by attorneys for Dr. James Tate.
Mahan’s order is good through at least Oct. 20, when a hearing is planned on Tate’s motion for a preliminary injunction.
One of Tate’s attorneys, Jacob Hafter, said Friday he’ll continue litigating an underlying lawsuit against the Board of Medical Examiners in Clark County District Court.
That suit had been temporarily derailed by the Nevada Supreme Court, causing Hafter to seek the federal court’s intervention on an emergency basis to block the board from reporting the negative data today.
"The significant legal issues of the board’s questionable conduct and the constitutionality of the statutes still exist and must still be addressed," Hafter said today.
Last month the board reprimanded Tate, fined him $1,000 and ordered him to take 10 hours of continuing medical education over a 2008 incident at University Medical Center when an argument occurred between he and family members of a patient.
Tate has disputed the board’s findings and Hafter said the board’s plan to enter the disciplinary information in the National Practitioner Data Bank would have violated his due process rights and harmed Tate and his career.
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