IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
WILLIAM F. BILSKI, D.O., )
Appellant, ) C. A. No.: N13A-10-005 VLM
)
v. )
)
THE BOARD OF MEDICAL )
LICENSURE AND DISCIPLINE )
OFTHE STATE OF DELAWARE, )
Appellee. )
Submitted: September 18, 2014
Decided: October 16, 2014
Upon Consideration of Appellant’s Motion for Reargument,
DENIED.
ORDER
Victor F. Battaglia, Esquire, Biggs and Battaglia, Wilmington, DE, Attorney for
Appellant.
Patricia Davis Oliva, Deputy Attorney General, Department of Justice, Dover, DE,
Attorney for Appellee.
MEDINILLA, J.
On this 16th day of October, 2014, upon consideration of Appellant’s
Motion for Reargument, it appears to the Court that:
1. On June 30, 2014, this Court issued an Opinion 1 affirming the
decision of the Board of Medical Licensure and Discipline (the “Board”), which
found Appellant William F. Bilski, D.O. (“Dr. Bilski”) guilty of unprofessional
conduct. 2 Dr. Bilski filed a timely Motion for Reargument, and a hearing was held
on September 18, 2014.3 This is the Court’s decision after review of the parties’
written briefs and oral arguments.
2. Under Superior Court Civil Rule 59(e), the Court may in its discretion
grant a Motion for Reargument. A Motion for Reargument will be denied unless
the Court has overlooked a precedent or legal principle that would have controlling
effect, or misapprehended the law or facts such as would affect the outcome of the
decision.4 A motion for reargument is not intended to rehash arguments already
decided by the Court, 5 or to present new arguments not previously raised. 6
1
Bilski v. Bd. of Med. Licensure & Discipline of Delaware, C.A. No. N13A-10-005 VLM, 2014
WL 3032703 (Del. Super. Ct. June 30, 2014) (hereinafter “Op.”)
2
Under 24 Del. C. §1731(b)(11) (engaging in a pattern of negligence in the practice of
medicine).
3
The State filed a Response to the Motion for Reargument. Thereafter, Dr. Bilski filed a Motion
to Strike the State’s Response to the Motion for Reargument. Finding the Motion to Strike to be
without merit, this Court denied the motion in a bench ruling on September 18, 2014.
4
Woodward v. Farm Family Cas. Ins. Co., 2001 WL 1456865, at * 1 (Del. Super. Ct. Aug. 24,
2001).
5
Kennedy v. Invacare Corp., 2006 WL 488590, at *1 (Del. Super. Ct. Jan. 31, 2006).
2
3. Dr. Bilski contends that this Court’s June 30, 2014 Opinion crucially
misapprehends the factual record and overlooks controlling principles of law
because (1) the record is devoid of evidence of deficient documentation in his
records-keeping practices from 2009 to 2011; (2) the Board violated his due
process rights because it did not adequately notify him of the standards he was
found to have violated; (3) medical negligence must be proven by expert
testimony; and (4) the Complaint against him did not meet a particularized
pleading standard that Dr. Bilski argues should apply. The Court will address each
claim seriatim.
4. Dr. Bilski’s first argument reiterates his earlier contention that the
Hearing Officer’s findings of fact were fundamentally flawed because the Report
relied upon the Model Policy’s “guidelines” for documentation that were not
binding on him from 2009 through 2011. This argument was the central premise
of Dr. Bilksi’s original appeal to the Board, and was briefed and argued at length
prior to this Court’s June 30, 2014 Opinion. Indeed, this Court’s June 30 Opinion
squarely addressed this issue. This Court determined that any error on the part of
the Hearing Officer which may have resulted from improper reliance on the non-
binding Model Policy guidelines from 2009-2011 was cured by the Board’s
6
Plummer v. Sherman, C.A. No. 99C-08-010, 2004 WL 63414, at *2 (Del. Super. Ct. Jan 14,
2004).
3
deliberations on the record. 7 Because Dr. Bilski’s first claim merely reiterates an
argument previously addressed by this Court, he does not offer a basis for
reargument under Rule 59.
5. Dr. Bilski’s second argument – that the Complaint did not give
constitutionally sufficient notice – was previously considered and rejected by this
Court. Dr. Bilski has not cited any controlling case law or legal principle that
could disturb this Court’s prior ruling on this issue. Again, Dr. Bilski fails to
establish a basis for reconsideration under Rule 59.
6. Third, Dr. Bilski again fails to cite any precedent that would suggest
that expert testimony is necessary in the context of an administrative hearing to
determine whether professional licensing standards have been breached. Indeed,
as noted in the Opinion, to require such testimony – akin to that which is required
in a medical negligence action – would frustrate the Board’s proper administrative
and adjudicative functions.8
7. Dr. Bilski’s final argument is also without merit. He claims that 24
Del. C. §1733(d) supersedes the notice pleading standards set forth in the Delaware
Rules of Civil Procedure. Nothing in the statutory scheme supports this
contention. Dr. Bilski cites no case law to support his argument that more
7
Op. at 16-17.
8
See Op. at 12.
4
particularized pleadings are required in this context, and fails to persuade this
Court that its previous ruling on this issue was incorrect.
8. The instant motion fails to meet the standard for a Motion for
Reargument set forth under Superior Court Civil Rule 59(e), and simply re-hashes
arguments that were addressed at length and rejected by this Court’s June 30th
Opinion. Accordingly, the motion is DENIED.
IT IS SO ORDERED.
/s/ Vivian L. Medinilla
Judge Vivian L. Medinilla
5