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MEDICAL BOARD OF CALIFORNIA INVESTIGATIONS

California Physician License & Investigation Defense Attorneys

What If I Am Investigated?

lawyers-for-doctors-californiaIf you become aware of an investigation, you must act quickly, but carefully, to avoid having the matter proceed to a formal prosecution.  Most physicians have no idea how to respond to notice that an investigation is underway.

  • Should I meet with the Board’s investigator?
  • Are they entitled to access to my patient records, office records, or financial information?
  • What will happen if I refuse to cooperate?
  • Must I inform my insurance carrier of the investigation?
  • What about the Chief of Staff or Nursing Director at the hospital where I practice?

These questions and many others require counsel by a lawyer with knowledge and experience representing health care professionals.  The well-meaning professional who believes that full cooperation with the authorities will absolve him or her of any wrongdoing may learn too late that this naive belief is foolhardy.  In most cases, once the accusation has been referred for prosecution, the chances of obtaining a favorable settlement without entry of a disciplinary order are slim unless the professional mounts a solid legal defense to the accusation.

Accusation

An accusation will become part of the board’s record, which will then be visible to the general public through the licensing agency’s website.  Anyone with an Internet connection can then simply enter your name and view the adverse action taken against you by the board.  Having an accusation will often severely limit your ability to remain on many insurance panels and can limit your ability to find employment.

ACT NOW If You Are Currently Subject to an Investigation by the Medical Board of California

Located in the Bay Area, California, the attorneys at the Law Firm of Marvin Firestone, MD•JD, & Associates, LLP have been helping doctors, nurses, psychologists and other healthcare providers defend their professional licenses throughout California 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 worker knows of the investigation, we can help to control the investigative and formal hearing process, develop the evidence needed to defend the action, and uncover the true facts.  If you are the target of an investigation, contact us NOW to schedule a FREE initial phone consultation by filling out our online form or calling us at 1-800-LAW-MDJD (1-800-529-6353).

We serve clients throughout Northern and Southern California, including San Mateo, San Francisco, Sacramento, Redding, San Jose, San Mateo, Los Angeles, Stockton, Irvine, San Diego, and more.

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

PROTECT YOUR RIGHTS. CONTACT US NOW.

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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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