Abdelmalek v. State Med. Bd. of Ohio

Citations

• 2026 Ohio 1564

Syllabus

Standard of review; findings of fact and conclusions of law; R.C. 4731.22(F)(5); burden of proof. The common pleas court did not err when it did not issue factual findings and legal conclusions where R.C. 119.12 did not require them. The fact that the common pleas court found the testimony of the seven patients more credible than the five chaperones who testified in support of appellant did not equate to the common pleas court impermissibly shifting the burden of proof. The common pleas court erred when it found that the State Medical Board's decision was supported by reliable and probative evidence when R.C. 119.12(N) requires a finding that the evidence is supported by reliable, probative, and substantial evidence, particularly where the appellant challenged the weight of the evidence. The common pleas court did not err when it refused to allow appellant access to an ombudsman report. Appellant requested the report four days before trial, and the common pleas court denied the request because it was untimely and appellant failed to show good cause for the delay. Additionally, the State Medical Board used an excerpt from the report to impeach a witness whose statement at trial was different from a statement she gave in an earlier investigation and provided a copy of the excerpt to appellant the day before trial.