Last Updated on: 13th October 2023, 05:17 pm

New Jersey Medical License Revocation Lawyer: A Guide for Doctors Facing Discipline

Losing your medical license can be devastating for doctors in New Jersey. Your entire career depends on having an active license that allows you to practice medicine legally. If the New Jersey Board of Medical Examiners decides to revoke or suspend your license due to allegations of misconduct, negligence, or impairment, it can completely upend your livelihood and professional reputation.That’s why it’s absolutely critical for doctors facing potential license revocation to understand their rights and options under New Jersey law. This guide will provide an overview of the medical license revocation process, common reasons licenses get revoked, your legal defenses, and how an experienced New Jersey medical license revocation lawyer can help protect your ability to practice medicine.

How the New Jersey Medical License Revocation Process Works

New Jersey’s medical license revocation process starts if a complaint gets filed against you by a patient, colleague, or other individual. That complaint then goes to the Medical Practitioner Review Panel, which investigates the allegations.

The Review Panel has a few options in terms of how it can recommend disposing of the complaint to the Board of Medical Examiners:

• Close the investigation with no action
• Defer recommendation pending litigation or other disciplinary outcomes
• Refer you for focused education or treatment
• Initiate formal disciplinary proceedings that could lead to license revocation

The Panel may also recommend immediate temporary suspension of your license if they feel you pose an imminent danger to patients.Ultimately, the Board of Medical Examiners makes the final decision on whether to revoke your license. They can accept, reject, or modify the Review Panel’s recommendation. If the Board decides to move ahead with revocation, you have the right to appeal the decision to the Appellate Division of the New Jersey Superior Court.

Common Reasons Medical Licenses Get Revoked in New Jersey

There are a variety of reasons the Board of Medical Examiners may decide to revoke a doctor’s license. Some of the most common include:

• Negligence or incompetence – Making repeated mistakes or providing substandard care that harms patients.
• Impairment – Practicing medicine while impaired due to substance abuse, mental illness, or other conditions.
• Insurance fraud – Billing for services that were not provided, upcoding, etc. This is one of the most common reasons for revocation.
• Criminal convictions – Convictions for crimes either related or unrelated to your practice.
• Sexual misconduct – Having sexual relationships with patients.
• Failure to complete continuing education – Not completing your required CME credits.
• Patient complaints – Accumulating multiple complaints about quality of care, bedside manner, etc.
• Unprofessional conduct – Behaving dishonestly, disrespectfully, or unethically.

Legal Defenses Against New Jersey Medical License Revocation

If you’re facing potential license revocation, there are a number of legal defenses your lawyer may use to fight the allegations:

• Lack of evidence – The Review Panel or Board of Medical Examiners may not have sufficient evidence to prove the allegations against you. Your lawyer can argue the case should be dismissed for lack of evidence.
• No harm occurred – Even if allegations are true, your lawyer can argue no patients were harmed. This may lead to a less severe disciplinary action like probation or monitoring.
• Allegations are false or exaggerated – You may be able to show that allegations stem from misunderstandings, honest mistakes, or even malicious complaints.
• You’ve taken corrective measures – Demonstrating you’ve addressed issues by getting treatment for impairment, completing more education, making restitution, etc. can help avoid revocation.
• Disproportionality of revocation – Your lawyer can argue revocation is an overly harsh punishment that doesn’t fit the circumstances of the case.

How a Medical License Revocation Lawyer Can Help

Having an experienced New Jersey medical license revocation attorney on your side can make a huge difference in the outcome of your case. Here are some of the key ways a lawyer can help protect your ability to practice medicine:

• Negotiating informal settlements – In many cases, your lawyer may be able to negotiate a resolution with the Review Panel or Board that avoids formal disciplinary proceedings. This can stop revocation quickly.
• Guiding you through hearings – If your case does go to a formal hearing, your lawyer knows how to present the strongest case in your defense.
• Obtaining favorable witnesses or experts – Your lawyer can get witness statements and expert opinions to corroborate your side of the story.
• Highlighting mitigating circumstances – Your lawyer can point to facts or context that show the allegations aren’t as egregious as they seem.
• Managing media attention – If your case gets media coverage, your lawyer can help minimize damage to your reputation.
• Filing appeals if necessary – Your lawyer can appeal any unfavorable rulings to higher courts.
• Helping you comply with settlements – If penalties or conditions are imposed, your lawyer can advise you on satisfying them.
• Developing a rehabilitation plan – Your lawyer can work with you to create a thorough plan for correcting any issues.

Case Study: Medical License Revocation Defense in New Jersey

To understand how a skilled New Jersey medical license revocation lawyer defends doctors, let’s look at a real-world example.

Dr. Steven Smith* is a cardiologist who has practiced in New Jersey for 15 years. He has an unblemished disciplinary record until a complaint gets filed alleging he made sexual comments to two female patients. The allegations deeply concern the Review Panel. Based on the complaints, they recommend immediate temporary suspension of Dr. Smith’s license pending further investigation.  At this point, Dr. Smith hires an experienced medical license revocation lawyer to represent him. His lawyer quickly begins conducting his own investigation into the allegations. By interviewing staff and other patients, the lawyer uncovers evidence the accusers have histories of making false allegations against healthcare providers after being denied narcotic painkiller prescriptions.

Armed with this new exculpatory evidence, his lawyer is able to meet with the Review Panel.  At the meeting, the lawyer argues forcefully against relying solely on the accusers’ statements given their histories of dishonesty. After reviewing the evidence presented by Dr. Smith’s lawyer, the Review Panel agrees to withdraw its recommendation for immediate suspension. They close the complaint without recommending any disciplinary action to the Board.Thanks to his lawyer’s advocacy and investigation, Dr. Smith is able to avoid what could have been a catastrophic license revocation. He’s able to continue practicing medicine uninterrupted.(*name changed to protect confidentiality)

Finding the Right Lawyer for Your New Jersey Medical License Case

If you’re a doctor facing license revocation or suspension in New Jersey, it’s imperative to act quickly and get an experienced lawyer on your side. Your lawyer can mean the difference between saving or losing your hard-earned medical license.Look for a lawyer with extensive experience specifically defending doctors in license proceedings. They should have a track record of success negotiating settlements pre-hearing and winning cases if they go to a full hearing.Make sure they have deep knowledge of the New Jersey medical licensing disciplinary process. Experience representing doctors before the Review Panel and Board of Medical Examiners is a must.Don’t leave your career up to chance. Work with a knowledgeable and aggressive New Jersey medical license revocation lawyer to protect your livelihood.