How Do You Respond to a Medical Board Accusation?
Call an attorney before an Accusation is filed. The Medical Board (and the other professional boards e.g. chiropractic board, Physical Therapy board) are not hiding the ball. If they are looking at you 90% of the time they will let you know. The rare exception are investigations tied to major criminal investigations. There your notice might be a search of your office rather than a letter asking you to respond to a complaint.
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.
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.