Seymour v. Wash. State Dept. of Health

Douglas A. Seymour, DDS, was a dentist that was accused by his employees of violating the standard of care for dentists and overbilling his patients.  The Dental Quality Commission of the Department of Health did an investigation.  As part of the investigation, they conducted warrantless searches of Dr. Seymour’s office and patient files.

At an administrative hearing, Dr. Seymour was found to have violated the standard of care and to have improperly billed patients.  The Court of Appeals found that the searches were unconstitutional under the Fourth Amendment to the federal constitution and article 1, section 7 of the state constitution.  The case was remanded for hearing without the evidence that was obtained during the warrantless and unauthorized search.

Quote of the case: “Reining in the power of the executive branch in conducting administrative searches is a primary concern of the courts…”

This entry was posted on September 15, 2009 at 3:14 pm and is filed under Administrative Law, Constitutional Law, Division I, Judge Ann Schindler - Concur in Majority, Judge Marlin Appelwick - Concur in Majority, Judge Stephen J. Dwyer - Draft Majority, Medical Malpractice, WA Court of Appeals. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.