What you believe is correct here? The writer did not say anything about how their expert was a family practitioner who had one patient in chronic pain and mine was Daniel Brookoff (the best).

Article published Mar 12, 2005, Gadsden Times

Revocation of Herrera's license is upheld

MONTGOMERY - The Alabama Court of Civil Appeals on Friday upheld a state board's decision to revoke the medical license of a doctor over his alleged lack of medical judgment.

The court 5-0 reversed Montgomery County Circuit Judge Johnny Hardwick's reinstatement of the medical license of former Gadsden physician Pascual (Pat) Herrera Jr. on June 14.

The Medical Licensure Commission on April 25, 2001, voted after a three-day hearing to revoke Herrera's license after complaints were lodged. The commission said there was concern over Herrera's basic knowledge of medicine and his ability to exercise appropriate medical judgment involving prescribing certain painkillers. He appealed.

Court of Civil Appeals Judge William Thompson wrote that neither the appeals court nor Hardwick were in position to determine the credibility of witnesses who appeared before the Medical Licensure Commission or to assign weight to their testimony.

"Much deference is to be afforded the commission's decision especially given the fact that the members of the commission have the expertise in the profession they are called upon to regulate," Thompson wrote.

The court, citing a 2003 Supreme Court opinion, said "the resolution of conflicting evidence is within the exclusive province of the" Medical Licensure Commission "especially in this case where the members of the commission were members of the profession being regulated."

Herrera said he was disappointed in the ruling but would have to consult with his attorney to consider a response. He practices medicine in Leesburg.
Medical Licensure Commission attorney Wayne Turner said Herrera may appeal the ruling. If not appealed or if he loses, the effect would be revocation of Herrera's license.

"Ultimately if it stands it goes back to Judge Hardwick instructing him to issue an order" upholding the commission's decision, Turner said. "We can't require him to bring in his license today," Turner said. "He could come back to the medical licensure commission and file for reinstatement and say `I've corrected the situation.'"