General Categories of Allegations Leading to Accusations:

Medical Board Accusations are similar in every state. In California the give categories of Accusations are the most common that we see.  You can go to the discipline section of the Medical Board's website for more information but in summary here are the areas that compromise most formal Accusations.

1. Gross Negligence/Incompetence:

   • Description: This is a common basis for accusations and involves allegations that a physician's care fell significantly below the accepted standard of practice, leading to patient harm or risk of harm. This can include misdiagnosis, surgical errors, improper treatment plans, or failure to recognize critical conditions.
   • Example Scenario (Hypothetical & General): An accusation might detail a case where a physician allegedly failed to diagnose a life-threatening condition despite clear symptoms and test results, leading to a delay in treatment and a poor patient outcome. Or it could involve a surgeon who allegedly performed a procedure incorrectly, resulting in complications.

2. Inappropriate Prescribing Practices:

   • Description: Allegations in this category often involve the over-prescribing of controlled substances (like opioids or benzodiazepines) without legitimate medical purpose, inadequate patient examination or monitoring before or during prescribing, or failing to adhere to laws and regulations regarding controlled substances.
   • Example Scenario (Hypothetical & General): An accusation could be filed against a physician for allegedly prescribing large quantities of opioids to multiple patients without proper documentation of pain management plans, physical exams, or consideration of addiction risks.  This is a highly political category and it ebbs and flows based upon current opioid political discussions and lawsuits against distributors or manufacturers of prescription opioids.

3. Unprofessional Conduct (Various Forms):

   • Description: This is a broad category that can encompass a wide range of behaviors, including but not limited to:
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     • Conviction of a crime substantially related to the qualifications, functions, or duties of a physician.
     • Dishonesty (e.g., fraudulent billing, falsifying medical records).
     • Boundary violations or sexual misconduct with patients.
     • Failure to maintain adequate and accurate medical records.
     • Aiding and abetting the unlicensed practice of medicine
     • Example Scenario (Hypothetical & General): An accusation might stem from a physician's conviction for insurance fraud, or allegations of altering medical records to cover up a medical error. These allegations often arise from peer review proceedings and summary suspensions.

4. Mental or Physical Impairment Affecting Ability to Practice Safely:

   • Description: If there's evidence that a physician has a mental or physical condition (including substance abuse disorders) that impairs their ability to practice medicine safely, the Board may file an accusation.
   • Example Scenario (Hypothetical & General): An accusation could arise if a physician is documented as practicing while under the influence of alcohol or drugs, or if a debilitating health condition is not being managed in a way that ensures patient safety.

5. Failure to Comply with Board Orders or Regulations:

   • Description: This can include violations of a previous probationary order (if the physician was already under discipline), failure to complete required continuing medical education, or not cooperating with a Board investigation (e.g., failing to provide requested medical records in a timely manner).
   • Example Scenario (Hypothetical & General): If a physician is on probation and fails to attend required ethics courses or submit to mandated drug testing as per their probation terms, a new accusation (often a Petition to Revoke Probation) could be filed.