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Medical Board Accusation: What Do I Do?

Medical board log with snake and staff
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Medical Board Accusation: What Do I Do?

The Medical Board has just filed an Accusation against you.  What are the first steps you should take to protect your medical license?  And what is the one thing you should never do?

Immediate Steps:

You must avoid a default.  You must respond to a medical board accusation in writing..

    • A  formal, written request for a hearing must be received by the board within fifteen (15) days after the accusation is served on the doctor. Refer to Government Code Section 11506.

    • The Accusation packet includes a document titled Notice of Defense, which should be served on the Deputy Attorney General and the Medical Board of California. This document should be prepared by a lawyer to fully protect your legal rights. If you can't find representation, at the very least, file the Notice of Defense yourself.  

    • The Notice of defense is best when it is prepared by a lawyer because the standard form included with the Accusation does not fully protect your legal rights. If you can’t find representation, at the very least file the Notice of Defense in a timely manner.

  2.   Do not speak to witnesses, including staff and colleagues, about the board Accusation. Innocent conversations can be used against you with claims of witness intimidation or manipulation.
  3.   Do not alter records, do not contact the Medical Board.

RECORDS

  1. Gather records but do not alter them in any manner. Do not alter metadata or reorganize files.  Your post Accusation conduct can (and will) be used against you.  Never alter records even if the alteration makes them more accurate.  An records updating must be done through legal counsel.

HIRE AN ATTORNEY

  1. Obtain Legal Representation:

    • As the 15-day clock is ticking, immediately seek legal representation. There are lawyers who specialize in medical board defense.  

    • The Notice of Defense is a form which does NOT protect all of your rights to challenge a medical board accusation.  Simply filing the form will preserve your right to a hearing but you may waive legal defenses that a medical lawyer would raise on your behalf.

    • In California, there are many excellent and experienced attorneys for doctors. Find a medical lawyer who is a good fit for you personally.

Act Quickly When You Know You Are Under Investigation

  • The time pressures following the filing of an Accusation are intense. A physician lawyer would prefer more than 15 days to prepare a Notice of Defense and would likewise prefer weeks, if not months, to gather favorable evidence.

  • If you know that the medical board is reviewing your work, contact an attorney who specializes in representing doctors as soon as possible.

Daniel Horowitz leads the premier medical practice defense group in California.  His lawyers are experts in Medical Board representation for individuals.  The firm represents only doctors and never represents hospitals.  For an initial consultation call (925) 283-1863 to schedule an initial interview.