How Does a Doctor Defend Against a California Medical Board Accusation? 

A California Medical Board accusation is the accusatory stage of an investigation.  It is like being charged with a crime.  You either plead guilty or not guilty but in an unfair twist unless you win you pay for your attorney and at the end you pay for the work of the California Attorney General in preparing the case against you.  This is a tremendous pressure to settle and settle early.   By the time an Accusation is filed the board will have reviewed medical records, interviewed witnesses, met with the charged doctor (in most instances) and had experts review the investigative file and render an opinion.  

The Medical Board of California Enforcement branch describes it this way:

"The Board's complaint process is thoughtful, deliberate, and aligned with the Board's mission. The process has two basic goals: to determine whether or not the allegations contained in a complaint are within the Board's jurisdiction, as defined by the Medical Practice Act (MPA), and, if they are jurisdictional, to determine whether or not the issues raised by the complaint indicate that further investigation is required. The MPA is found within the California Business and Professions Code (BPC), specifically, sections 2000-2448."  (See Enforcement Page)   In reality it means they have heard your point of view, reviewed the case with a board hired medical expert and have decided that discipline is necessary.  At this stage it is very difficult (although not impossible) to get the Accusation withdrawn.  This is one reason that we urge doctors to hire an attorney at the first hint of a board investigation - the most effective negotiation is before an Accusation is filed.

The Horowitz physician defense lawyers are experts in fighting accusations and raising the strongest possible defense to unfair allegations.  See our webpage on Medical Board Accusations

What is a Medical Board Accusation?

An "accusation" by the Medical Board of California refers to a formal charge filed against a physician or surgeon that initiates a disciplinary process (Griffiths v. Superior Court, 96 Cal.App.4th 757 (2002)). .Health & Safety Code § 120372)[ This accusation is typically filed following an investigation by the Board when there is a determination that the physician's actions should warrant disciplinary action. After the accusation is filed, the physician has the right to a hearing before an independent administrative law judge, where the Board must prove the allegations contained in the accusation (16 CCR § 1399.703)

The California Medical Board accusation is a formal legal document.  It is issued by the Medical Board of California and signed by a Deputy Attorney General who represents the board and is assigned to the case.  It alleges that a physician has violated the Medical Practice Act or other laws and regulations governing medical practice.  

Contents of an Accusation

 A medical board accusation must contain several critical elements to ensure it is legally sufficient and informs the accused adequately to prepare a defense. Based on the search results, these elements include:

1. Clear Statement of Charges: The accusation should be a written statement of charges phrased in ordinary and concise language (Lanterman v. Anderson, 36 Cal.App. 472 (1918)). It must detail the acts or omissions with which the respondent is charged, specifying the statutes and rules allegedly violated (Government Code § 11503). This ensures that the respondent can adequately prepare their defense.

2. Sufficient Detail: The accusation must not merely paraphrase the statutes and rules but should explicitly describe the actions leading to the charges. This is essential for the respondent to understand the specifics of the accusations against them.

3. Verification Requirement: Except when made by a public officer acting in their official capacity or by an agency employee, the accusation or statement must be verified (Gov.Code § 11503). This adds a layer of formal acknowledgment to the accuracy of the claims within the accusation.

4. Timeliness of Defense: The accused must have the opportunity to file a notice of defense and challenge the sufficiency of the accusation, typically within 15 days after its service (Gov.Code § 11503) (Shea v. Board of Medical Examiners, 81 Cal.App.3d 564 (1978)).

 Some 2024 Medical Board Accusations you can review. (Don't forget that these MD's can be 100% innocent and in the right.  Accusations are dismissed after filing and doctors win at hearings.  It is fair to presume that these doctors are wrongfully accused.)

LEONARD FREDERICK, M.D. (G 74715)

STAN GORDON, M.D. (G 31262)

 ABELES, DOUGLAS JOEL, M.D. (G 79953) 

 PANDYA, CHIRAG MAHESHBHAI, M.D. (A 99084) 

RASEKHI, MOHAMMAD HASSAN, M.D. (A 48861)

KARIMI, PARTO, M.D. (C 50315)

 BARME, GREGORY ADAM, M.D. (A 79030)

In 6 months some of these Accusations may be dismissed.  What we have posted here is a public record.  The exculpatory material and material that may lead to a withdrawal of the Accusation is not publicized.  While the board's website may no longer carry the accusation the document will have circulated on the web and large employers will likely keep these records and discriminate in hiring when a accusation has been filed, even if withdrawn.

Facing a Medical Board of California Accusation? Secure Expert Physician Defense with Daniel Horowitz

If you are under a Medical Board of California investigation or have received a formal Accusation, protecting your medical license requires immediate, high-stakes legal intervention. Contact expert physician defense attorney Daniel Horowitz at (925) 291-5388 to safeguard your practice. The most effective medical board defense begins with an elite, battle-tested legal team tailored specifically to the clinical and regulatory complexities of your case.

Elite, Tailored Medical License Defense

Medical license defense varies heavily in complexity. Just as a routine hernia operation requires standard competency, a complex pediatric resection demands an extraordinary level of specialized expertise and seamless team cohesion. In a high-risk operating room, the surgical team must operate like Navy SEALs—anticipating crises so their response is immediate, coordinated, and precise.

Wrongful medical board accusations require that same elite level of coordination, experience, and legal talent. Standard, high-volume defense firms often rely on "off-the-shelf" Notice of Defense forms that can inadvertently waive your constitutional rights.

We don't do high-volume, assembly-line defense. Our firm customizes every single Notice of Defense, building an aggressive, individualized strategy for each physician we represent. Our exhaustive preparation on complex medical issues, paired with deep expertise in California administrative law, distinguishes our practice from standard panel counsel. We protect the doctors who protect others.

Why Choose Daniel Horowitz?

• Experienced Team: Our legal team has years of experience working together, ensuring seamless coordination and expert defense.
• Tailored Approach: We customize our defense strategies to meet the unique needs of each case, providing the highest level of legal representation.
• Proven Success: Our track record speaks for itself, with numerous successful defenses for physicians facing medical board accusations.