Henson & Efron Attorney Says Medical Board Violated the Constitutional Rights of Renown Cancer Specialist

Cancer specialist wants license reinstated

Attorneys for Dr. Fatih Uckun, founder of Parker Hughes Cancer Center, says a medical board violated his constitutional rights.

Cancer specialist Dr. Fatih Uckun, whose license was temporarily suspended in January, has little of chance of getting his physician privileges back by the end of the year unless the court intervenes, his attorney said Tuesday.

In a hearing before Ramsey County District Judge Steven Wheeler, attorney Stuart Williams said the Minnesota Board of Medical Practice violated Uckun's constitutional rights, harming his professional livelihood and staining his reputation forever.

Uckun's license was removed after a multiyear investigation by the board, which said that he acted unprofessionally and unethically, and that he was a danger to patients. The board's decision is not final and could be amended or changed pending further investigation.

Separately, an administrative law judge will hear evidence about the case and make a nonbinding recommendation to the board about its decision, a process that probably won't be complete by year's end, Williams said.

In the meantime, Uckun, who founded the Parker Hughes Cancer Center in Roseville, sued the board in Ramsey County District Court in February, seeking to rescind the suspension.

An attorney for the board, asking the court to dismiss Uckun's lawsuit, said the licensing agency adhered to Minnesota law and regulations and defended a public statement it made at the time announcing Uckun's temporary suspension.

"State law mandates that the board make it public," assistant attorney general John Garry said. "The nature of the misconduct is public information."

At issue is not only whether the board violated Uckun's privacy rights when it made the announcement, but also whether it should have used the most rigorous standards of proof in making its decision.

After the hourlong hearing, Wheeler said that he would issue a decision within a few weeks.

Glenn Howatt is at 612-673-7192.

Copyright 2006 Star Tribune. Republished with permission of Star Tribune, Minneapolis-St. Paul. No further republication or redistribution is permitted without the written consent of Star Tribune.

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