The Department of Consumer Affairs Medical Board governs physicians and surgeons in California. The Board exists to protect patients and handle physicians or surgeons who engage in professional misconduct. You should move fast and secure the services of a license attorney if you receive a notice from the Board of an investigation against you or a formal accusation. You could face severe and damaging consequences if you ignore a California Medical Board investigation.

A mere citation or fine will appear on your criminal record and be public on the Board's website. Additionally, license suspension, revocation, or probation is a severe disciplinary action that could end or interrupt your practice for years. You should, therefore, consult a reputable attorney if your license is in jeopardy. At the San Luis Obispo License Attorney, we take immense pride in helping professionals defend their licenses. You can count on our unwavering support, whether the case against you is strong or weak.

The Challenges That Modern Medical Professionals Face

You must invest years of training, diligent efforts, and much money to become a state-licensed physician or surgeon. You must also be committed to serving your patients in the spirit of the Hippocratic Oath. Being a physician or surgeon is a calling to serve humanity and deliver the benefits of modern medical science to suffering patients.

However, a single mistake, a mere accusation of a mistake, or some form of misbehavior could jeopardize all you have worked for. You risk losing your license if:

  • A malpractice suit is filed against you.
  • You are facing a criminal charge, whether a misdemeanor or felony.
  • Any complaint related to your practice is submitted to the California Medical Board.

A patient could easily file an accusation on the Medical Board of California website against you. Some patients could also check the website to see if any disciplinary actions have been taken against them. Generally, the nature of medical professionals' jobs can expose you to these accusations. The chances of facing a challenge to your license are high if you are:

  • Paramedic.
  • EMT.
  • Research psychoanalyst.
  • Midwife.
  • Medical assistant.
  • Physician.
  • Physician's assistant.
  • Surgeon, or
  • Other medical workers.

A high level of expectation and a great degree of trust is put in physicians and surgeons. Therefore, surgeons and physicians are subject to patient complaints and formal accusations from the Medical Board. You require an attorney who understands your work and understands formal complaints, lawsuits, and criminal charges. A skilled attorney knows how the system works and understands the procedural nuances and specialized rules of evidence relevant to the investigation initiated by the Board. With this knowledge, your attorney will fight any allegation against you to protect your profession.

The Role Of The Medical Board

Many medical professionals feel like the Medical Board was instituted to witch-hunt them. However, the Board's mission is centered on consumers and patients. One function of the Board is to screen license applicants to ensure only eligible physicians and surgeons secure licenses.

The Board is also involved in receiving consumer complaints and investigating them to determine their validity. At this point, the board's main aim is to protect consumers and ensure the highest level of safety and professionalism in the medical industry.

A patient could file false or exaggerated accusations against a physician or surgeon. Patients could also have unrealistic expectations and wrongly blame you based on the treatment outcome. However, doctors are also not perfect. You could make an honest mistake or struggle with drug abuse or other issues that could put your profession at risk. If you are in this situation, you require an attorney to walk with you and defend your license against a citation or suspension.

The Common Complaints Against Surgeons And Physicians

Many complaints can be submitted to the California Medical Board and form the basis of an investigation. The common complaints that physicians and surgeons face include:

  • Sexual or other professional misconduct.
  • Previous criminal arrests or charges related to your ability to deliver quality care.
  • Dishonest or poor record-keeping practices.
  • Permitting an unlicensed assistant to work under you.
  • Over-prescribing or prescribing drugs to those who should not be using them.
  • Health insurance fraud, involving over-billing, double billing, or billing for a service never provided.
  • Alcohol or drug abuse — sometimes, complaints could include consuming alcohol or using drugs while on the job.
  • Incompetent care, either because of working outside the boundaries of your expertise or within your practice area.
  • Negligence or gross negligence in administering care.

Do Not Face The Board Investigation On Your Own

The Medical Board will notify you once the investigation starts. This is the point where you require an attorney. If you act fast, you are less likely to be subject to professional discipline. You could also face less severe discipline if it is not possible for you to avoid the discipline.

Avoid speaking to the board's investigator when he/she calls you since you could risk incriminating or sabotaging your future legal defense options. You should consult your attorney first to help you protect yourself in any dealings with the board and the investigators.

Your attorney will guide you in every step and intervene at any point in the legal or administrative process. An attorney can offer you the following services during an investigative process:

  • Organizing a meeting with the Deputy Attorney General or the investigator — during this meeting, your attorney can contest the evidence tabled against you and table other evidence in your favor.
  • If necessary, securing expert witnesses to testify on your behalf.
  • Securing your investigator, who will interview key witnesses, inspect the scene of the alleged crime, and subpoena critical documents for evidence, among others.
  • Your attorney will work to help prevent the loss of your license in the final sentence if you are facing separate criminal charges.
  • Getting your license reinstated if it has already been revoked.
  • Where a dismissal is unrealistic, your attorney will help you gather mitigating evidence to help you win a favorable plea.
  • Arranging for a therapist or counselor if you are in grief or battling depression — You could be able to attend therapy instead of losing your professional license. You could serve probation until you complete the therapy, but this could vary from case to case.
  • Helping you secure a state-approved rehab plan if you are involved in drug abuse — An attorney can also arrange for chemical and psychological tests to prove no chemical dependency is involved.
  • Negotiating for a plea deal that will help you retain your license if charges against you cannot be dropped because of the nature of the crime.
  • Evaluating the Board's Statement of Issues and developing a defense strategy at the administrative hearing.

Possible Outcomes of The Board's Investigation

The possible outcomes of the board investigation include the following:

License Revocation

License revocation is among the most severe disciplinary actions you could face. If this happens, you will not continue to practice, and you cannot apply for reinstatement for at least three years.

License Suspension

License suspension is another severe disciplinary action. You cannot practice during the suspension period. Your attorney can help you negotiate for a shorter suspension period so that you can continue with your practice.

License Probation

In some situations, you could save your license but be on probation for some time. Your attorney could help you negotiate for better probation conditions and work to have your probation period reduced to the minimum. Your attorney could also help you understand the conditions. You need a legal expert to help you know the outcome of a probation violation.

Interim Suspension

The Board could suspend your license before the investigation is complete if it establishes that you will likely be an imminent threat to public safety. Your attorney could challenge the interim suspension and try to have it reversed so you can continue practicing during the process. The investigation period could be months or even years.

A Citation And Fine

If you commit a minor crime, the board could issue you a citation with an accompanying fine. The citation will be on the public record for a period of not more than three years.

Must Conform To Specific Stipulation

Sometimes, the Board can order you to comply with a specific stipulation, like undergoing monitoring for some time. The Board will withdraw its formal accusation if you adhere to the stipulation. You could also be ordered to surrender your license. However, you should consult your attorney before complying with the order. If you adhere to the order, it can be challenging to restore your license later on.

Letter of Public Reprimand

In this case, the Board could post the findings about you on its public website. Fortunately, no further form of discipline will be enacted. A Letter of Public Reprimand can serve as the Board's discipline if no patient suffered actual harm. Your attorney could fight this letter because it could hurt your ability to gain clients.

Enforcement Review

You could request to speak to the Board in person in an "enforcement review" if they believe you have committed a serious "departure from the standard of care." You could do this if the Board has insufficient evidence to file a formal accusation against you. It is, however, not advisable to do so before consulting your attorney.

Letter of Warning 

Securing only a warning letter for certain minor crimes could be possible. The Board will, however, not impose formal disciplinary action on you. The letter will notify you that the Board could take disciplinary action against you if you repeat the offense. The letter will also remain a secret.

Board-Mediated Resolution

Your case could be resolved without a board disciplinary action in case of a billing dispute or request-for-records issue. The Board could provide a favorable resolution for both you and your client. In this case, no information will appear on the Board's website against you.

Violation Without Disciplinary Action

You could be facing valid accusations, but the charge is minor or unrelated to your ability to practice your profession. In this case, you will not face any disciplinary action.  

Frequently Asked Questions

Below are the most common questions regarding physicians and surgeons' license defense:

What Should I Do When a Board Investigator Contacts Me?

Hire an experienced attorney immediately. Any remarks you make to a board investigator can be used as confessions against you in court. Your attorney will act as a buffer between you and the investigator, performing various essential tasks such as clarifying misunderstandings, addressing board concerns, and ending oppressive or intrusive harassment by investigators. Your attorney will also facilitate managed and controlled communication between you and the Board.

Should You Reveal Past Problems On The Board Application, Renewal, Or Disclosure Form?

An attorney understands the tactics the Board can employ to detect adverse occurrences and will fact-check your license application or renewal form to ensure its honesty and correctness. Attorneys understand the guidelines regarding what must and cannot be disclosed. If the Board requires an explanation, your attorney will help with critical considerations to reduce the risk of denial or disciplinary action because of the revelation.

What Should I Do If the Board Denies My Application?

A letter from the Medical Board of California refusing an application shall provide for a hearing. You must request the hearing within 60 days of the letter's date. The letter can also include other alternatives. Contacting an attorney to schedule a consultation to evaluate the letter before the deadline is essential.

What Should Be My Next Step After I Receive An Accusation?

You will have 15 days from when the accusation was issued to file the Notice of Defense. This issue should be handled by an attorney as soon as feasible. This will ensure that you meet the deadline and that the Notice of Defense is filed with proof of filing.

How Will I Pay the License Defense Attorney?

Individuals without insurance can get a quote of the cost for each phase of their legal process. Your attorney can also charge you an hourly rate with a deposit, if appropriate. Most attorneys accept all major credit and debit cards, money orders, checks, and cash.

Interest-free payment options could be available in certain instances. If your insurance policy includes license defense coverage, an attorney can work with you and your insurance carrier to bill the carrier directly. Depending on the policy's provisions, you could also provide the information required to seek reimbursement for legal fees.

Find a Reliable Professional License Attorney Near Me

 If your physician or surgeon license is at risk, the experienced attorneys at San Luis Obispo License Attorney will offer you practical legal assistance. We are committed to protecting your medical career, maintaining your reputation, and achieving the best possible resolution in your case. Contact us today for a consultation. Let us help you understand the complexities of the legal system while fighting to defend your professional status and future in medicine. Contact us at 805-465-2766 to speak to one of our attorneys.