Medical Board Accusation – How Do I Respond

WHAT IS A MEDICAL BOARD ACCUSATION ?

An Accusation is the end result of an investigation where the Medical Board finds sufficient grounds to allege a violation of law or regulation.  Click HERE for the Medical Board website which provides full details on the process.

In truth, you should rarely be surprised by a filing.  Early intervention can often prevent a filing.  We try to establish the doctor’s innocence or to compromise a dispute without a negative impact to the doctor’s reputation.

 

WHAT IS A SPECIALIST ?

Our office is staffed with top medical board defense lawyers.  Former Top Prosecutor Tom Kensok charged medical fraud cases when he was a supervisor in the Contra Costa County District Attorney’s office.  Daniel Horowitz, Dan Russo and Carmela Caramagno are all certified by the State Bar of California (Board of Legal Specialization) as Criminal Defense Specialists.

What does that mean ?  It means that they passed a rigorous written examination, met difficult experience based qualification standards and went through a serious peer and judicial review process.

BUT I’M A DOCTOR – NOT A CRIMINAL !

True – but the vast majority of Medical Board Accusations involve claims of criminal conduct.  You may be accused of billing fraud, having a DUI on your record, insurance fraud – but rarely are charges filed for non-criminal matters.  Even if you have not been charged with a medical related crime, the administrative process before the board may lead to charges being filed.

If you are told that an attorney “has contacts” or “an inside track” you are being lied to.  The Medical Board and the Attorney General are evidence and fact driven.  If you want to negotiate with them, you must assemble a strong factual argument in your favor.  The “good old boy” days are over and if you buy into that approach you will be confirming your guilt.  Our lawyers are evidence based and fact based in their approach.

We can sometimes stop the “accusation train” before it leaves the station.  We can often reach compromises that protect your reputation and practice.  If the board insists on a battle, we know the rules, the law and most importantly, we know how to prepare a case, plan a strategy and execute effectively.

A (California) Medical Board Accusation triggers a time clock.  To contest a Medical Board Accusation you must file a form that requests a hearing.  That form should be included with the Accusation package and it is available on the Medical Board website.  Your request for a hearing must be received within fifteen (15) days after the accusation is served.  (See Government Code Section 11506)   To be safe, have a service deliver the form titled “Notice of Defense” to the board and to the office of the Attorney General.

What Address Should I Use to Serve a “Notice of Defense” ?

The Attorney General’s address is on Accusation itself.  Use the name of the listed attorney and his/her address.   The notice to the Medical Board should be directed to the Discipline Coordination Unit, 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815-3831.

Do I Need An Attorney ?

You should have had notice of the investigation long before an Accusation was filed.  It is imperative that you contact an attorney for all but the most absurd complaints against you.  So “yes”, you needed an attorney and you need one now.

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