At Spodek Law, our seasoned attorneys are dedicated to fiercely defending the licenses of physicians and surgeons in a wide range of disciplinary scenarios. From simple prescribing errors to complex disputes, we are committed to providing the best possible outcome for our clients.
Our team of experts has extensive experience in defending against all types of medical board accusations, including:
- Prescribing errors, such as overprescribing, prescribing pain medication to addicts, prescribing without a required examination, and prescribing to family members or oneself.
- Medical errors that result in patient injury or death.
- Allegations of mental illness, addiction or substance abuse that results in alleged impairment.
- Criminal convictions, from a single drunk driving conviction to felony charges.
- Boundary violations with patients, including improper conduct and forbidden relationships.
- Inappropriate or sexual touching of patients.
- Aiding and abetting the unlicensed practice of medicine or failure to properly supervise registered nurses.
- Fraudulent billing or kickbacks for healthcare services.
- Errors or fraud in charting, recordkeeping, and practice management.
- Failure to carry out mandatory reporting, including child abuse, elder abuse, lapse of consciousness, and injury from a criminal act.
- Discipline of a license in another state or by another agency.
We also assist physicians in navigating the complex Medical Board license application process. The California Medical Board physicians and surgeon’s license application is one of the most thorough in the United States, containing 40 background questions and additional specific medical school and postgraduate training “unusual circumstances” questions. We understand that issues such as criminal convictions, improper conduct, concerns regarding physician competency, substance abuse, and prior discipline can cause problems in the license application process, and we are here to provide legal representation and guidance every step of the way.
Whether you are facing a regulatory agency contact with the potential for an adverse outcome, or are dealing with a Board petition to suspend your license, we are here to provide you with the legal expertise and support you need. We are experienced in responding to Medical Board investigations, opposing Board petitions in court, appealing adverse decisions, and defending against and appealing the loss of privileges, certificates, membership, or other rights.
At Spodek Law, we understand the gravity of license defense matters, and we are committed to providing the highest level of representation and advocacy for our clients. Trust us to fight for your rights, your livelihood, and your reputation.
Physician License Defense Lawyers
A hard fact of life is that anxiety makes some people extremely litigious. Like money, health issues can produce a good deal of anxiety and, accordingly, an abundance of lawsuits. Many such actions are content to simply collect from a physician’s malpractice insurance. Others, however, can threaten a doctor’s very right to practice medicine, affecting livelihood, family and future. Given the years of painstaking diligence required to attain a
medical license, loss of the same because of a single episode or event can be a devastating blow. At the same time, it need not be a foregone conclusion.
Who Decides?
Ultimately, the maintenance of a physician’s
license rests with the state board of medical examiners, the body that issued the credential in the first place. In Florida, for example, this body is part of the Department of Health; in New Jersey, the Department of Consumer Affairs. Regardless of its position within a bureaucracy, this panel is responsible for issuing, renewing, suspending and, in some cases, revoking
licenses for doctors and other health care professionals. If a physician is subject to a disciplinary hearing, he or she should secure the services of an attorney experienced and familiar with the workings and processes of this board.
Reasons for Disciplinary Action
Complaints against doctors can come from myriad sources: hospitals, insurance companies, patients or other physicians, to name a few. They can impugn a doctor’s competence or character…sometimes both. For instance, impairment due to the influence of
drugs or alcohol is considered an offense worthy of license suspension. Likewise,
sexual misconduct or inappropriate treatment will often bring about complaints against a practitioner.
Faulty administration of anesthesia; improper authorization of prescriptions; and practicing with a suspended
license can all incur professional penalties. Misrepresentation in billing, in the same way, is considered a form of fraud. Of course, flagrant violation of the law, e.g. assisting suicide in a state where it is forbidden, will doubtless throw a
medical license into jeopardy. Sometimes, in fact, the mere accusation is sufficient for a hearing.
What to Do When Your License Is Threatened
A doctor’s first recourse when accusations are leveled should be to retain competent counsel. This goes beyond an attorney who is simply bar-certified. In such dire straits, a beleaguered physician needs a
lawyer who is well-versed in health care law and experienced in advocating before the medical examiners. Professional licensure boards and administrative judges operate differently than do courts of law. Accordingly, the
lawyer of choice can best protect a doctor’s interest when he or she is grounded in how investigations are conducted, what documents are needed and which complaints to take the most seriously.
The Best Attorney Available
When in need of a
license defense attorney, physicians are well advised to balance technical legal knowledge with experience and empathy. Intellect and instinct are both required for this crucial assignment so a careful search benefits a doctor under professional fire.