What is a California Medical Board Accusation?
A California Medical Board accusation is the accusatory stage of an investigation. Prior to the filing of the accusation 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.
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.)
BAUMGARTNER, FRITZ JOHN, M.D. (G 55475)
LEONARD FREDERICK, M.D. (G 74715)
ABELES, DOUGLAS JOEL, M.D. (G 79953)
PANDYA, CHIRAG MAHESHBHAI, M.D. (A 99084)
RASEKHI, MOHAMMAD HASSAN, M.D. (A 48861)
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 Accusation? Call Expert Defense Lawyer Daniel Horowitz
If you are facing a Medical Board Accusation or investigation, contact expert physician defense lawyer Daniel Horowitz at (925) 291-5388. The best medical defense begins with an experienced legal team that has worked together for years and is tailored to meet your specific needs.
Customized Legal Defense
Just as a hernia operation requires a certain level of expertise and coordination, a pediatric resection demands a much higher level of experience and team cohesion. The resection team needs to be trained like Navy Seals. When something goes wrong (and something will), their response is immediate, coordinated and for them the crisis is expected and "routine".
Similarly, medical license defense varies in complexity. While some straightforward cases may be handled with a standard approach, wrongful accusations require a different level of coordination, experience, and talent.
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.
