NEWS: Dr. Jones' legal appeal to be heard by CT Supreme Court
New developments in the case of Lyme-treating pediatrician Dr. Charles Jones. Connecticut’s top court has agreed to hear a key aspect of his appeal.
The Connecticut Supreme Court has agreed to hear a key aspect of Dr. Jones’ appeal, which pertains to the first set of charges regarding two children in Nevada. Attorney Elliott Pollack has asked them to review whether the matter of bias on the part of the hearing panelist, Dr. Senechal, was properly decided by the lower courts, and whether the Department of Public Health should have been required to prove its case before the Connecticut Medical Examining Board (CMEB) by a “clear and convincing standard of evidence,” instead of by the “preponderance of evidence,” a weaker standard.
Note that this burden of proof is less stringent, for example, than the one used in proceedings against attorneys who are brought before their own disciplinary body – and significantly less stringent than the standard used in criminal proceedings: “beyond a reasonable doubt.” In other words, this standard makes it easier to obtain a finding of guilty for physicians who are the subject of complaints brought before the CMEB. The outcome of this appeal could set an important precedent for all physicians, as it challenges the standard of proof required in medical board/disciplinary proceedings.
This constitutes a victory for Dr. Jones and his legal team: only about 9% of these requests (“certification petitions”) are granted by the Connecticut Supreme Court, yet they have agreed to consider this issue!
The next steps involve the writing of the legal brief, which is expected to be challenged by the Connecticut Department of Health, followed by the presentation of the respective oral arguments before the Connecticut Supreme Court!
These steps will entail many hours of legal representation. Contributions to the legal defense fund can be sent to:
Pullman and Comley Trust Account for Dr. Charles Ray Jones
In the memo section of the check: Gift/Legal Defense Fund
Mail it to:
Elliott B. Pollack, Esq.
Pullman and Comley, LLC
90 State House Square
Hartford, CT 06103-3702