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Johnson v. Tennessee Board of Medical Examiners3/19/2003
mer." Rodriguez v. Metro Gov't of Nashville, No. M2001-02500-COA-R3-CV, 2002 Tenn. App. LEXIS 733, at *11 (Tenn. Ct. App. Oct. 16, 2002) (citations omitted) (emphasis added).
In this case, the chancery court found that the Board's decision to revoke Johnson's medical license was prompted by a desire to prevent him from practicing "alternative medicine." In the proceedings before the Board, however, there was ample evidence that, regardless of whether it is considered "alternative medicine," Johnson's treatment of E.H. went well beyond unorthodox, that it was below the standard of care, and was in fact dangerous. The Board heard expert testimony that the treatment methods recommended and utilized, indeed advertised by Johnson, were not simply ineffective to treat E.H.'s maladies, but could have resulted in more serious consequences, even her death. The evidence showed that Johnson recommended ozone treatment, a poison, administered hydrogen peroxide intravenously, a dangerous treatment, injected vitamin C near E.H.'s rectum, resulting in a potentially life-threatening abscess, and then treated the abscess with a charcoal poultice mixed in a coffee can. For this Johnson charged E.H. in excess of $4,500, and nevertheless maintained in his testimony before the Board that his treatment of E.H. was within the standard of care in the Nashville medical community. Based on this record, the Board's decision was not arbitrary or capricious, was not an abuse of discretion, and was clearly supported by substantial and material, indeed compelling, evidence. Consequently, we must reverse the decision of the chancery court, and uphold the Board's decision to revoke Johnson's medical license. The chancery court's decision upholding the civil penalties assessed against Johnson was not appealed, and is therefore affirmed.
The decision of the trial court is reversed in part and affirmed in part as set forth above. Costs are taxed to appellee, James E. Johnson, for which execution may issue if necessary.
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