Medical Board Accusations

Contra Costa County Lawyer for Medical Board Accusations

MEDICINE CAN BE A MINEFIELD – WE CAN HELP !

What are the Hot Button Issues for Medical Board Accusations?

The Medical Board of California's annual report gives a statistical breakdown of areas of complaints and board action. The short version is that alcohol issues (which in our experience arise out of DUI (Driving Under the Influence) arrests and criminal conduct (mostly fraud complaints) are a significant area of concern to the board. Opioid prescriptions are a close competitor. However Gross Negligence in medical practice is the # 1 factor.

What Constitutes “Gross Negligence” to the Medical Board?

What are the Hot Practice Areas for Malpractice Judgment Reporting?

Malpractice awards that are reportable predictably cluster in the surgery, OB, ER and general practice areas. With few exceptions, any medical malpractice judgment, arbitration award or settlement over $30,000 must be reported even if multiple attorneys are grouped under a single settlement amount.

Call Our Medical Board Lawyers at Even a Hint of Trouble

Our medical board lawyers aim to stop Accusations before they are filed. How many patients have you had who ignored clear warning signs - to their detriment? As lawyers for doctors we can tell you this. Doctors are guilty of the same process. If you call at the first hint of discord some simple advice might avoid a big problem. Or not … but it is certainly wise to try!

Your Decades of Training only give you a “Privilege” to Practice Medicine

Medical board accusations are a shocking reminder that the practice of medicine is considered a privilege and not a right. In less than one year, an Accusation can strip you of your right to practice medicine. A malpractice claim settled in your name can lead a listing in the NPDB (National Practitioner Data Bank) even when you were simply around and named as one of many defendants. You thought the medical malpractice lawyer was settling to protect you …. but the lawyer protected the insurance company. And guess what? The insurance company wasn't reported to the NPDB, you were.

805 Reports Can Happen in the Blink of the Eye

Medical Staff can suspend a doctor without a hearing. A summary suspension is usually made behind closed doors through the Medical Executive Committee (MEC) or other person authorized by the by-laws to take such action. (It can be the Chief of Staff for example).

The medical executive committee (MEC) will generally pressure the physician to resign or negotiate some surrender of privileges during the 14 day summary suspension clock. California requires a medical board report (called an 805 Report) no later than 15 days after the doctor suffers a summary suspension of privileges.

It is possible during the 14 day clock to negotiate something less onerous than a reportable termination or resignation. PIP's (Performance Improvement Plans) and other non-terminating options may be offered but these carry their own burdens.

And Yes, a doctor always has the right to contest an adverse action through a peer review committee.

We strongly urge doctors to obtain expert legal advice during this 14 day period. The MEC and medical staff policy makers expect you to retain counsel. Hospital administration does very little without advice of counsel and they expect you to do the same.

The Horowitz medical practice group understands negotiation and litigation. Top trial lawyer Daniel Horowitz and physician-lawyer Dr. Mark Ravis (license is active) have an excellent track record.

Unfair Discipline and Unfair Reporting Follows You for Years

Doctors sadly learn, that decades of dedication can be taken from a physician in less than a year. Even if you maintain your license a medical board action can burden your career forever. Physicians face ancillary penalties that include reporting to the National Practitioner Data Bank, reporting in public databases, reporting on the medical board website and long term damage to your reputation.

Self reporting of medical actions kick in when you apply for privileges, change jobs or apply for a business loan or malpractice insurance.

The Medical Board of California Telegraphs its Hot Button Disciplinary Issues

Medical license lawyers know that the most common California Medical Board Accusations can be reviewed on their Accusation Filed Web page. We subscribe to this list and review each Accusation. This means that an attorney for doctors is part lawyer and part political pundit. Sometimes the politics are easy to anticipate. When the lawyers and Attorney Generals started targeting the opioid pharma companies, we knew that individual doctors were next. We reached out to doctors who were already clients and warned them of the upcoming tidal wave of discipline.

What is a Medical Board Consultant?

There are trends that you can note with consulting a medical lawyer. As we said, Opioid prescriptions were a hot topic. Sexual misconduct is another major area of inquiry. Failures of patient care are not uncommon and the Horowitz Medical team includes a lawyer/doctor (Dr Mark Ravis) and paralegal chiropractor (Michael Yates) to review quality of care issues - in house. We can then consult with top medical experts to assemble the proper defense team.

SOURCES OF COMPLAINTS TO MEDICAL BOARD

Complaints typically arise from other physicians, disgruntled employees and patients. Ongoing investigations of other physicians may involve your office (perhaps as a referral source) or some of your patients. Opioid complaints have been coming from insurance companies and pharmacies. If you get a warning letter from either, contact an attorney right away.

Other complaints are more obvious. Suspensions, denials of privileges, arrests can all trigger board investigations. There is little consistency between states except on issues like opiate prescriptions, DME or Genetic Testing remote chart review and other issues that have a national publicity aspect to them.

As an example, some states are very harsh on substance abuse by MD’s. Others look for a treatment option as the first choice. But beware agencies that administer these programs. Once you enter their world of supervision, they own your soul.

Contra Costa County's Best Physician Defense Team

Our physician defense lawyers include physician lawyer Dr. Mark Ravis and trial lawyer Daniel Horowitz. Oksana Tyskova is an experienced trial lawyer with two physician parents. Karina Johnson (formerly working with Charles Bond at Physicians Advocates) has over a decade experience with highly technical medical-legal matters.

We travel statewide to defend doctors with many cases in the Walnut Creek area, Los Angeles and San Diego.

Our physician legal team is expert in the three key phases of medical board defense.

Phase 1 is blocking the filing of an accusation. You need to contact us as soon as you suspect that the medical board is investigating you. We can, at times either stop the filing of an accusation or negotiate a resolution that protects your privacy and your medical license.

Phase 2 takes place after the medical board accusation is filed. At this stage we raise technical defenses and assemble counter evidence to obtain a fair resolution (and at times a dismissal of the charges).

Phase 3 is the trial state. If a case cannot resolve we are among the most experienced trial lawyers in the medical defense field. We have defended clients in 1000's of contested evidentiary hearings and Daniel Horowitz has completed over 200 jury trials. There is no substitute for experience in the courtroom. You can analogize courtroom experience with the experience of a surgeon in the OR. More is usually better.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Major Triggers of Medical Board Inquiries

Healthcare fraud investigations by state or federal agencies are often done in partnership with the state medical board.

Health Care Fraud covers a very wide range of conduct but in general consists of conduct done with the intent to deceive a state, federal or private health care payor so that the payor provides money or benefits that are not justified. The FBI is the primary federal agency for investigating health care fraud and the scope of their authority includes federally funded programs and private insurance programs as well. Certain states such as California, have very active state run health care fraud investigatory agencies such as the department of insurance.

Medical Board Investigations may have a criminal aspect. Read our blog on the intersection of the administrative and criminal functions of the medical board.

To view California Medical Board Disciplinary Actions use this link to the Medical Board recent License Actions page.

Visit Our Blog

ACCUSATIONS

The term “Accusation” is archaic and it includes actions against doctors with medical problems that interfere with practice. It is generally “accusatory” and the mere filing of a medical board accusation damages your reputation permanently.

Checking on whether a physician has been simply accused is easy. Finding the records of discipline is likewise easy. Here is a story by CBS News that has a drop down menu that allows anyone to search state databases to review physician discipline. Attorneys representing doctors often comment on the incredible harm and peril that physicians face by board actions and MEC Committee / peer review. The result matters but the harm is caused simply by the accusation.

If you are under attack you are in great peril for long term harm. We try to work miracles (and as a physician you have the same orientation) but the cold hard reality is that even the most experienced and talented physician’s lawyer is fighting against tremendous odds. More than many, physician clients have more to lose than the normal professional under similar circumstances.

On the other side of these medical board, peer review and other hostile action cases, the governmental entities, medical groups, peer review groups and hospitals generally feel impervious to any counter attack.

We hear many attorneys and doctors denigrate the hospital attorneys. We respectfully disagree. The attorneys for “the other side” are generally not hacks. Most are highly skilled, very well trained and well paid. You cannot underestimate them and if you are your attorney underestimate these corporate lawyers, you do so at your personal peril.

With this honest caveats, I can and will provide you with an exceptionally high level of expertise and genuine caring for you and your future. My teams focus on ending the stress and pressure and reviving your dreams and vision for your future.

AMA Code of Medical Ethics Opinion 9.4.1 Describing Purpose of Peer Review

“Physicians have mutual obligations to hold one another to the ethical standards of their profession. Peer review, by the ethics committees of medical societies, hospital credentials and utilization committees, or other bodies, has long been established by organized medicine to scrutinize professional conduct. Peer review is recognized and accepted as a means of promoting professionalism and maintaining trust. The peer review process is intended to balance physicians’ right to exercise medical judgment freely with the obligation to do so wisely and temperately.”

However, the “fair hearing” concept does not mean that reporting to medical boards or medical commissions are always delayed. Summary suspensions, unfair peer review findings, denials of privileges, resignation while under investigation can all trigger medical board reporting and investigation.

Hard Dollar Cost & Damage to Your “Brand”

A medical board investigation if public or if known generally in the community will cause your personal goodwill to nosedive. This is a major economic loss.

Your personal goodwill is literally your own reputation and skills. In most states that reputation belongs to you. You can sell your reputation just as clearly as a corporation can sell a brand name. Even an unfounded peer review will devalue your “brand”. We will at least fight to have wrongful accusations withdrawn. We will make “deals” when necessary but we have no hesitation to litigate if the damage to your reputation is so severe that a settlement is no better than a surrender of your license.

What is a “Disruptive Physician” ?

Attorneys representing physicians often argue that the phrase “disruptive physician” is overused and may sometimes be a justification for discrimination against the medical practitioner. Employers often counter that a bad attitude at work has a negative impact on the work environment and hence impacts the quality of care provided at a facility. Many hospitals have software that encourages staff to lodge anonymous complaints which are then used against a doctor. Whisper campaigns get organizational support through repetition and recording.

Often “Performance Improvement Plan(s)” are offered as a way to “calm” a situation. This is usually a trap. Once on the plan, the physician cannot resign without reporting to the National Practitioner Data Bank. (We do not like the term “data bank”. It is a database. Banks keep your money and your financial transactions somewhat private. The National Practitioner “database” is as leaky and public as most databases and in our experience does not deserve to be associated with the word “bank”.

So many peer review, resignation, malpractice and other disagreements result in the NPDB kiss of death. Earlier legal intervention is important prior to actual data bank reporting as the purging process is tedious and difficult.

Peer Review Meets the Medical Board

Peer Review often triggers medical board reporting. Your initial employment contract can trigger both peer review and an accusation based upon procedures and rules governing dispute resolution and termination. Our contract experts can review your employment contract to spot traps that can escalate business disputes. This business dispute escalation can lead a physician down the path to peer review. Larger medical groups and corporations are aware of this trap provisions – we can help you avoid them. If you are in a business dispute, contact us before the peer review provisions are triggered. If you are facing peer review, every single day counts as a 15 day reporting clock is ticking.

MEDICAL BOARD ACCUSATION

Slightly ahead of Peer Review in the list of painful stumbling blocks to a medical career, is the Medical Board Accusation. The accusations often follow negative peer review findings but perhaps more damaging are the inquiries triggered by pharmacy or insurance carrier triggered opiate prescription audits, complaints from staff and criminal matters (often unrelated to your practice). We are trial lawyers and we aggressively defend medical board cases. We are capable of negotiating when that is the proper resolution for you but we are known for our litigation and trial / hearing skills. We approach negotiation as seeking a mutually acceptable middle ground and we never negotiate without reserving the option of presenting a vigorous and intelligent defense at hearing.

Medical Board Investigation Forwarded to the State Attorney General

If the investigation finds evidence that the physician has violated the Medical Practice Act and the violation warrants disciplinary action, the case is forwarded to the Attorney General’s Office to prepare an accusation. An accusation is a legal document that lists the charges and/or the section(s) of law alleged to have been violated and is served on the licensee.

You will usually have significant contacts with the board investigators prior to this state so you should not be surprised when they choose to proceed.

In California only 15 Days to Dispute the Charges

The physician is entitled to dispute the charges at an administrative hearing. The request for a hearing must be received within fifteen (15) days after the accusation is served pursuant to Government Code Section 11506.

The simple filing can be supplemented by a variety of objections, demands for specific items of “discovery” and other matters that generally are better handled by an attorney.

Key Document – “Notice of Defense”

The actual document to be filed is a form which will be provided with the Accusation. Our office has developed a series of challenges to specific types of accusations and fact patterns. These challenges raise constitutional issues which may be overlooked by law firms that are no focused on constitutional law and due process principles. When the issue is medical, treatment based or science based, we have a physician lawyer on our team as well as experienced former prosecutors and trial lawyers who know how to take apart a faulty scientific attack on a doctor.

The request for a hearing may be made by delivering or mailing a “Notice of Defense” to both the Deputy Attorney General and the Medical Board of California. The Deputy Attorney General’s name, address, and telephone number appears on the front page of the accusation. … If a request for a hearing (or Notice of Defense) is not received, the physician will be deemed to have waived the right to a hearing and the Board may proceed to act on the accusation without a hearing and may take action as provided by law.

The physician may, but need not, be represented by counsel at any or all stages of these proceedings. The hearing is an administrative proceeding that closely resembles a court trial and is presided over by an Administrative Law Judge. After the hearing, the Administrative Law Judge writes a proposed decision. The proposed decision is then sent to a panel of the Board for consideration. The members make the final decision on disciplinary matters and can either adopt, modify, or reject the proposed decision.

Continue Reading Read Less

Client Testimonials

Contra Costa County Location - National Reputation for Excellence

“He believed in me and listened to what I had to say.”
I can not say enough about Mr. Horowitz and his staff. Brook was amazing to myself and my family. My case was very unique. He believed in me and listened to what I had to say. I highly recommend him and his staff. Yvett Bline

- Yvett Bline
“I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does”
Dan Horowitz handled my complex business issue with magnanimity, compassion, care, promptness, and utmost professionalism. I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does and has an uncanny knack at finding unique resolutions with unparalleled speed and efficiency. What is quite outatanding is that he treats each client with kindness and compassion as if a family member

- Lovely K.
“What impressed me most was his unwavering dedication to achieving the best possible outcome for me.”
I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you Dan

- Kento T.
“Daniel and his team did an excellent job.”
Daniel and his team did an excellent job. He was always readily available to take my call and provided peace of mind through a stressful situation.

- Reid V.
“I would highly recommend the Law Office Of Daniel Horowitz.”
My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.

- Brandon D.
“There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word.”
There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.

- Cory N.
“The Best Attorney I Could Have Asked For”
“The Best Attorney I Could Have Asked For.”

- Katherine Ryken
“Dan Horowitz was the best attorney I could have asked for during a difficult time in my career.”
Dan Horowitz was the best attorney I could have asked for during a difficult time in my career. From the moment I met him, I felt believed, respected, and safe. He and his team were endlessly responsive and empathetic to me and my family. He fought for my case day and night, always keeping my best interests at the forefront of his mind. As I learned from Dan, it is never a good time in oneâ€™s life to need legal representation - but if you need it, Dan is your person, your advocate, and your best friend. We are forever grateful for his tireless commitment to justice for the people.

- Katherine R.

View All Reviews

Contact Us Today

Fill Out the Form Below to Get in Touch With Our Dedicated Team

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

2 Certified Criminal Defense Specialists
1 Medical Doctor
1 MBA
1 Chiropractor