In Delaware medical board cases, once the Board has taken final action to discipline a doctor’s license, the doctor may file an appeal to the Superior Court of Delaware. After the appeal is docketed with the Superior Court, the doctor may file a motion in the Superior Court to ask for a stay of the suspension while the case is on appeal. See Title 24 Del.C. § 1736(d). If the Superior Court stays the Order suspending the license, then the physician may continue to practice medicine while the Superior Court reviews the case and decides the appeal.
Why would a doctor want to stay his or her license suspension?
In cases where it is relatively clear that a suspension or revocation of the medical license is imminent, we work with our clients to engage in sustainability and succession planning. The goal of sustainability and succession planning is to preserve the business of the medical practice as best as possible, such as by transferring ownership of the practice to other providers and/or by transferring responsibilities for patient care to other providers. But sometimes a doctor’s license to practice medicine can be suspended or revoked when it shouldn’t have been disciplined in such a manner. Also, sometimes defects in the proceedings can result in a reversal on appeal of the suspension or revocation. In cases where there is a reasonable chance of success on appeal, the doctor may want to file a motion to stay so he or she can continue practicing while briefing is being done and the Court is making its decision.
So the answer to the question is yes, it is possible to stay a suspension order and continue in medical practice. The case must be appealed to the Superior Court, a motion to stay the discipline must be filed, and you must point out some good reasons why the appeal will be a success in order to get the stay.