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Michael A. Firestone, MBA, JD

MichaelFirestoneMichael practices in the areas of medical law, administrative law, vaccine injury law, and business law. Michael's representation focuses on protecting health care professionals from licensure disciplinary actions, medical staff privilege peer review matters, health care employment contracts and employment disputes, vaccine injury compensation and medical business transactions.

"I am dedicated to defending your rights and promise to do everything I can to help solve the problems you face.”

Michael is a member of the California Academy of Attorneys for Health Care Professionals, a private practice attorney group focused on healthcare professional issues involving peer review and discipline.  Michael Firestone is a member of the Vaccine Injured Petitioners Bar Association (VIP Bar) which is comprised exclusively of lawyers representing petitioners in the National Vaccine Injury Compensation Program (NVICP which is committed to the improvement of the NVICP for the petitioners who file claims in that program.  He is also a member of the California Society for Healthcare Attorneys.

Michael currently serves on the Medical Legal Liaison Committee for the San Mateo County Bar Association.

Michael also works with the Western Institute of Legal Medicine, a non-profit organization dedicated to the education of professionals in Medicine and the Law.

 

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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