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HOW DO YOU APPEAL A MEDICAL BOARD DECISION IN CALIFORNIA?

It May be Possible to Appeal the Medical Board’s Decision

Are you currently subject to a Medical Board decision which is negatively impacting your ability to practice medicine?  Has your Medical license been revoked? Have you been placed on probation?  If so, under California law, you have the right to have a Superior Court judge review the Board’s Decision to determine if the Board abused its discretion in reaching its Decision.  A physician whose license has been disciplined may seek judicial review of the Board’s Decision by filing a petition for Writ of Mandate (also called a “Writ of Administrative Mandamus”) in Superior Court under Code of Civil Procedure (CCP) section 1094.5.  Most importantly, the petition must be filed timely or you may be barred from perfecting the writ appeal.

What are Your Options?

Many physicians who have received a Decision by the Board revoking their license, or with probation requirements that severely hamper their ability to practice medicine, are faced with the prospect of losing hospital staff privileges and removal from insurance panels.  Once a Decision becomes effective, there are severe consequences to a physician’s ability to earn a living.  The good news is that it may be possible to temporarily stay the power of the Board’s Decision by requesting injunctive relief from the Superior Court which would allow a physician to continue practicing medicine until the Superior Court has reviewed his or her writ petition and the Board’s Decision.

Is a Writ of Mandate Called for?

At the Law Firm of Marvin Firestone, MD•JD, & Associates, LLP, our appeals attorneys can help you to evaluate whether the Board committed a prejudicial error and determine if your case calls for a formal appeal of the Decision by way of a Writ of Mandate.  If you believe that the Administrative Law Judge’s ( or ALJ’s) Factual Findings were incorrect or the ALJ did not reach a reasonable decision in his or her Proposed Decision, our firm can help appeal the California Medical Board’s Decision and receive a thorough review by the Superior and Appellate courts.

Speak With a Dedicated California Medical Board Appeals Lawyer

To schedule a FREE initial phone consultation, fill out our online form or call us at 1-800-529-6353. We serve clients throughout California from convenient locations in San Mateo, San Jose, San Francisco, Oakland, Redding, Sacramento, Los Angeles, and San Diego.

Authored by Marvin Firestone

Healthcare License Defense Quick Facts:

  • California State Medical Board Powers
  • The Accusation
  • The Hearing
  • How We Can Help
The practice of medicine and other healing arts is closely regulated in the United States. In recent years, this regulation has increased at both the state and federal levels. Licensed physicians and other health care providers face potential disciplinary actions from multitude of public and privately operated agencies and other entities, including federal entitlement programs like Medicare and Medicaid, DEA, and managed care organizations quality assurance boards. However, the one agency which usually maintains the power to terminate a health care professional’s license to practice remains the state medical licensing board.
If a formal accusation has been filed, one must act decisively to mount a defense to the charges. Failure to act quickly may result in forfeiture of important legal rights. Legal rights which apply in malpractice suits may not be available, or may be strictly limited, in defending one’s license to practice. For example, in most states, including California, the provider’s right to obtain discovery of the evidence against him or her is much more limited in the administrative hearing than in civil court suits; written interrogatories and oral depositions are usually not allowed.
A health care provider is entitled to a formal hearing before his or her license may be restricted or revoked, but the nature and extent of the hearing may vary depending upon the state law, as well as how one responds to the accusation in the first instance. Agencies are granted a great deal of leeway in prosecuting licensees and are accorded wide deference by the courts when their final decisions are challenged as improper or unfair. A lawyer defending a license disciplinary action on behalf of a professional health care provider must be vigilant in protecting the professional’s constitutional rights of due process and preserving all objections for purposes of appeal. A provider who defends himself throughout the formal hearing process, and then comes to the lawyer when disciplinary sanctions have been imposed and the time for appeal is already running, stands less chance in reversing the agency’s order.
The Law Firm of Marvin Firestone, MD•JD, & Associates, LLP has been helping doctors, nurses, psychologists and other healthcare professionals protect and defend their professional licenses for over 33 years. Our medical-legal experience may mean the difference in a professional’s career. By getting involved immediately after the physician or healthcare professional knows of an investigation of care, we can help to control the investigative and formal hearing process, develop the evidence needed to defend allegations, and uncover the true facts. If you are the target of an investigation or Board Accusation, don’t delay seeking the advice and counsel of a health or medical lawyer. To schedule a FREE initial phone consultation, fill out our online form or call us at 1-800-LAW-MDJD (1-800-529-6353).We serve clients throughout California.

800-529-6353

Local: (650) 212-4900

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The Law Firm of Marvin Firestone, MD•JD, & Associates, LLP
1700 S. El Camino Real, Suite 204
San Mateo, CA 94402
P: (650) 212-4900
F: (650) 212-4905
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