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Physician Defense

Physician Defense in California

A California Physician Defense Firm with a National Reputation

Daniel Horowitz is nationally recognized as a trial lawyer, physician advocate, law professor, television legal commentator, published journal author and lecturer. You have seen Daniel in the press successfully defending doctors who refused to dump extra COVID vaccines and defending physician whistleblowers who faced retaliation for upholding medical values against corporate interests. His work for CNN and MSNBC as a legal commentator, published articles and work as a law professor and lecturer make Daniel Horowitz a well known and powerful force for physician rights.  

Physician Defense in California

California Medical License Defense: We provide our physicians during pre-peer review internal communications, peer review investigations, sham peer review defense, license investigations both prior to and after the filing of an Accusation.   tests/advise [name of plaintiff]’s parents of tests] that

 

Physician Defense Attorneys:

We defend California Physicians in licensing hearings, criminal investigations and against criminal charges, summary suspensions and NPDB filings.

Doctors Must Be Allowed to Be Doctors

 Daniel's work providing physician defense in California is driven by the fundamental belief that medical doctors and the medical profession need protection from excessive governmental and insurance company intrusion.  When Daniel was a child Dr. Bernie Rosenberg came to his apartment when Dan had measles.  He had his black leather bag and long coat just like in a movie.  Dr. Rosenberg practiced until he died in his 80's.  He had a fulfilling life and wonderful career.  While those days are gone, the medical profession is still the most noble profession.  You are entitled to support, appreciation and protection.  This is how Dan Horowitz and lawyer / Dr. Mark Ravis approach their physician representation.

Experience

Daniel is a member of the American College of Healthcare Executives, American Health Law Association, American Bar Association Health Law division and the Contra Costa County Trial Lawyers Association (among others).   He is a veteran of hundreds of jury trials, administrative hearings and physician based legal proceedings.  In Contra Costa County his trial victory for Dr. Judson Brandeis led to a $ 1.7 million dollar award and control of his intellectual property.  A physician facing criminal charges for insurance fraud in Los Angeles hired Horowitz and they turned the tables and successfully prosecuted a civil lawsuit against the insurance company.  His defense in the Stockton MUA trials was successful and cut short the planned prosecution of over a hundred chiropractors and anesthesiologists.   In a recent case, Horowitz settled a physician peer review case in just months taking it over from an attorney who had litigated it for over four years.

Physician Representation Nationwide

Daniel Horowitz works nationwide with the best medical lawyers in the country.  We have established relationships with medical attorneys with offices in New York, New Jersey, Pennsylvania, Washington State, Washington D.C., Rhode Island and Texas.  Fair hearings, peer review, NPDB and other license protection cases can be handled quickly and effectively with Daniel Horowitz and Dr. Mark Ravis representing you.  In California we work regularly with specific attorneys in Orange County, Los Angeles County, Alameda County, Contra Costa County, San Joaquin County, and Stanislaus County.  Daniel Horowitz and Dr. Mark Ravis are directly licensed to appear in all courts in California.

The Best Medical Defense is at Times Invisible

Sometimes the best physician legal work goes unnoticed.  Peer review inquires evaporate, Medical Board investigations are closed.  In those instances, Daniel's work successfully protecting doctors undergoing peer review, MEC investigations and licensing matters is both successful and unnoticed.  In the public domain, Daniel's powerful work as a dedicated physician advocate includes high profile trial victories and the San Francisco Chronicle front page cases involving Dr. Alicia Kalamas and the AIlee Jong vs. John Muir Health  case.  Other public successes are the COVID medical board cases (one public, the rest private).

    Areas of Physician Defense Practice

1. Medical Board, Medical License Defense & Hospital & Medical Group Discipline

              A. Sometimes a Doctor Needs a Doctor (who is a lawyer)

Our medical license defense group includes Dr. Mark Ravis who is a currently licensed physician and active lawyer.  Whether the challenge to your medical license is in credentialing, privilege restrictions, MEC investigation or active discipline - our physician lawyers will fight for you.

              B. Physician Advocates with Extensive Courtroom Expertise

Peer review, medical board cases are trial cases.  We are hearing saavy with experience far beyond that of most physician lawyers.  We combine vast technical experience with seasoned trial lawyers to provide you with the very best medical license defense.  Our hearing and litigation experience is unmatched when you need a lawyer for peer review, MEC investigations, direct involvement by the medical board and National Practitioner Data Bank (NPDB) reports/prevention.   If a Medical Board Accusation goes to trial, we believe no physician advocate in California can match the 200 jury trials and thousands of evidentiary hearings conducted by Daniel Horowitz.

2. Medical Board Accusations

A Medical Board Accusation is a public event.  Unless it is withdrawn it stays with you for years.  The Accusation process starts with the investigation.  We are expert in preventing filings, negotiating resolutions and anticipating the weaknesses in the medical board's case.  If a hearing is necessary to protect your license we have exceptional trial lawyers with skills forged by thousands of hours in a courtroom.  

            A. What Does a Physician Lawyer Seek in a Medical Board Case?

 Of course, total victory and vindication.  But realistically “a fair trial is no trial at all and we focus on preventing a filing in the 1st place.  If an Accusation is filed we look to have it withdrawn.  If the Accusation stays we look to have it modified, negotiated and resolved with the least amount of damage.   

            B. What Happens if the Accusation is Not Resolved?

Daniel Horowitz is one of California's most experienced trial lawyers.  He is legendary for his blistering cross examinations of opposing medical experts.  His medical expert and lawyer, Dr. Mark Ravis is a currently licensed physician and trial lawyer in his own right.  If your case has to be fought in the courtroom, the Horowitz trial team is your 1st and best choice.

What is the Statute of Limitations for a Medical Board Accusation?

Medical Board Accusation Defense

3. National Practitioner Data Bank

National Practitioner Data Bank (NPDB) reporting tags a physician for life.   We can challenge initial reports, seek modifications, appeal adverse judgments and document your file.

Learn About the NPDB Reporting Rules

We Practice Medical Board Preventive Medicine 

There is no vaccination to protect you from the Medical Board but we can discuss danger areas with you and act to preempt any board action.  Our medical lawyers and paralegals regularly review filed board cases.  We track the hot button discipline areas for the medical board We can evaluate your practice and help push you out of harms' way.   

If you are involved in a medical malpractice case beware!  Even a completely innocent physician can be subject to mandatory reporting when a malpractice case settles.

Medical Board Reporting of a Medical Malpractice Settlement or Malpractice Award

4.  Judicial Review of Hospital, Medical Staff/MEC Decisions

California has a judicial review statute that allows a physician to obtain judicial review of many types of adverse licensing, credentialing and disciplinary decisions.  We can review your situation and make a determination as to whether CCP 1094.5 or other statute will protect your rights.  

CCP 1094.5  & Judicial Review

5. FPPE & OPPE - Advice & Oversight

OPPE/FPPE's can be a strong warning signal that you need a physician lawyer's advice.

A standard OPPE is non threatening but a certain number involve criticisms of a physicians' work and can constitute a low level of peer review.  In California Evidence Code section 1157 may protect some OPPE activities and may trigger the need for self protective action on the part of the physician.  An FPPE is a process whereby the medical staff evaluates the privilege-specific competence of the practitioner that lacks documented evidence of competently performing the requested privilege(s) at the organization. This process may also be used when a question arises of a currently-privileged practitioner's ability to provide safe, high quality patient care.  This is an event that requires caution and can easily lead to license related issues.  

If an OPPE appears to have a specific criticism attached or if an FPPE is initiated, you should contact the Horowitz medical group for expert legal advice to ensure that the OPPE/FPPE does not lead to reportable restrictions or loss of privileges.  

Consider the recent federal court case Klivington v. Voss (M.D. Ala., Aug. 25, 2023, No. 1:22-CV-574-CWB) 2023 WL 5512253.  In that case an FPPE triggered an NPDB report.  The hospital filed with the National Practitioner Data Bank reporting that the doctor had failed to complete an FPPE.    In a Northern California federal case a negative FPPE finding led to reporting.  ["California Business & Professions Code § 805 would require the filing of a report with the Medical Board of California, and a report also would be filed with the National Practitioner Data Bank (“NPDB”) pursuant to 42 U.S.C. § 11101 et seq.” (Ryan v. Putnam (C.D. Cal., Mar. 22, 2022)

6. MEC Investigations, Credentialing, DEA Investigation

Decades of sacrifice to earn your license can be damaged or destroyed in days by aggressive peer review, summary suspensions and reports to the medical board and NPDB.

7.  Informal MEC Inquires to Disciplinary Hearings

Have you been offered a “PIP”?   Is “anger management” or other social skills training being offered or required?   Our lawyers are expert in Medical Executive Committee (MEC) inquiries, informal discipline and investigations. 

8. Peer Review, Credentialing, DEA & Criminal

Our lawyers are expert in high conflict areas of medical law.   This includes Peer Review proceedings, credentialing, privilege limitation matters, DEA inquiries and criminal matters concerning your license.  Medical Staff rules, by-laws and the Medical Executive Committee role at a hospital affect the rights and duties of physicians within a hospital.  The basic outline of the medical staff and MEC responsibilities are outlined in our blog titled What is Medical Staff, Organized Medical Staff & the MEC.   

9. Contracts, Medical Group Formation, Compliance, Physician Assistant Practice Agreements, Partnership and Existing Practice Expansion

Our medical lawyers will carefully review the paperwork that governs your professional life.  The actual rules that govern a doctor's life are often learned “on the job” or “informally” but can be critical when a dispute arises between a physician and the hospital.   We can assess your situation based not only on the “facts” but on the rules that you signed onto.   If you are an employed physician and non-disclosure agreement are being used as a tacit “non-compete”, we can help.  We can review your agreements to see if non-solicitation clauses prevent outreach to your patients.

Our medical contract lawyers have written and reviewed hundreds of contracts.  If you are establishing a medical group, hospital or expanding an existing practice, our lawyers can assist in formation, regulation, registration and compliance.   (Read Our Article on DMEPOS Bond Requirements & How a bond requirement may indicate the need for a deeper, lawyer guided analysis.)

If you are employing or supervising one or more Physician Assistant's, our medical contract lawyers should review your agreements to ensure that you are protected.  

Dangers of Physician Assistant Contracts from a California Medical Lawyer Perspective

10. Criminal Charges Against Doctors 

(Board Certified Criminal Defense Specialists)

There are no routine criminal convictions for physicians.  DUI's, Domestic Violence and other misdemeanors can impact your career and even your license.  A large number of medical board suspensions arose out of physicians who failed to comply with DUI related alcohol treatment ordered by the medical board.  Another trap are the self reporting rules under Business & Professions Code section 802.1, that apply to physicians upon Indictment and conviction.  We are tracking telemedicine fraud cases and other HFPP (Healthcare Fraud Prevention Partnership

What Happens to Your License if You Are Convicted of a Crime?

                                     John Muir Health Physicians

As a Contra Costa County based physician law practice many of our physician clients have significant professional involvements with John Muir Health.  We are well aware of the pressures and entanglements that affect Walnut Creek or Concord medical groups that depend heavily on their relationship with JMH.   We understand the benefits and necessities of those relationships and can help you navigate any difficulties or rough spots.   

Walnut Creek - Concord JMH By-Law Article

 

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Physician Lawyers in Contra Costa County

 As attorneys for doctors we recognize the unique challenges that physicians face when their decades of sacrifice are put at risk.  The challenges come from many directions. 

Physician Profitability is Not a Crime

It used to be joke that a plumber makes more money than his doctor.  Now that is not such a joke.  Profitability is not a crime and profitability is not inconsisent with quality medical care.  Unfortunately attempts by medical offices to receive fair compensation can lead to insurance company pushback, criminal charges or civil lawsuits.  Competitors,  staff at hospitals who are falling down on the job, disgruntled employees and patients who believe Dr. Google knows more than you,  can trigger an avalanche of peer review, criminal or medical board harassments.   We understand just how unfair this is and we can protect you.

We know that doctors are most non-compliant patients and doctors tend to delay facing medical - legal issues until some damage has been done.  A medical lawyer consultation can be brief but it will allow you to identify potential trouble spots in your partnership contract, relationships with other physicians, nursing staff and hospital management.  It is the simple ounce of prevention approach.  In other words, stop wishing and take action to protect yourself.

Likewise, if you need a Medicaid audit lawyer you waited too long.  At the first sign of trouble a legal consultation may nip the problem in the bud.  Check out the qualifications of attorney Karina Johnson (who previously worked with Charles Bond at Physicians Advocates in Walnut Creek).  Karina has more certifications than we put in this web box!   (Karina's Profile)

A medical defense lawyer operates in a universe of grey unless and until problems become patent.  In a hospital setting, administration and at times the MEC may be planning (with lawyers) waiting for an opportune time to make a public attack against a targeted physician.   We are not perfect but we have an excellent track record dealing insidious (if not incipient :] ) problems.   A preventative phone call and some preventative legal work is (relatively) inexpensive compared to a full blown action against your license.

Our physical office is in Lafayette, California (Contra Costa County).  We are about 20 minutes from San Francisco and five minutes from Walnut Creek.  If the commute is long we are Zoom and tech friendly.   

  Immigration Law for Doctors

Oksana Tyskova is our physician immigration lawyer. She is the contract immigration attorney for the Marin County Conflict Panel. The daughter of two physicians, Oksana understands the importance of completing your education, residency, fellowships and full integration into the U.S. medical community. Oksana is fluent in Ukrainian and Russian.

  Medical Law Team Members

Physician - lawyer Dr. Mark Ravis is currently licensed as both a medical doctor and California lawyer.  His medical analysis tied with his legal expertise makes him highly valued resource. He and Daniel Horowitz will operate as a team on cases with high conflict and complex medical issues.  In truth, sometimes a doctor needs a doctor and even the best physician advocates benefit greatly from a person like Dr. Mark Ravis.

 Daniel Horowitz has represented doctors in Oakland, Contra Costa County and statewide for more than 35 years. Daniel does not like the term medical license defense because the real phrase is “person who sacrificed for years to earn a medical degree defense”.  We are defending you, your hopes, your dreams, your family and your sacrifices. 

Former Top Prosecutor Tom Kensok of Napa, California brings his trial expertise and 30 years of experience with law enforcement to the defense of physicians.  

Attorney Karina Johnson our medical credentialing attorney also reviews physician contracts and business opportunities. (Karina was formerly an attorney with Physician’s Advocates in Walnut Creek, California.)

  • Public Service and Community

    Daniel Horowitz turned down many offers to join large law firms in their trial departments.  Staying in the Lafayette Community, participating in school activities, local music programs and local athletics was more important to him.   Dan is a long serving member of the Lafayette Crime Prevention Commission and a strong supporter of LPIE, Generations in Jazz, the Chamber of Commerce, Acalanes sports and many other Lafayette and Contra Costa County charities and community organizations.

  • Lawyers in Lafayette, Contra Costa County, New York, & Washington State

     Lawyers in Lafayette is located in Contra Costa County.  We have established relationships with lawyers throughout California and the United States.  Members include legendary New York based First Amendment Attorney Martin Garbus with whom we have worked on cases from Ukraine to New York and are presently litigating a case in Washington D.C. defending two journalists sued for “trespass” when they went undercover to unearth a major news story. 

    Other members  with separate practices who work on Daniel's custom teams include Vallejo, California Criminal Defense Specialist Dan Russo, a veteran of over 300 jury trials. 

    In New York we partner with the legendary lawyer, Martin Garbus. Martin Garbus is the author of six books and over 30 articles in The New York Times, The Washington Post and the Los Angeles Times. Shouting Fire is a documentary film about his life and career. He received the Fulbright Award for his work on International Human Rights in 2010.   Horowitz and Garbus are presently set for trial in the U.S. District Court in Washington D.C. defending two journalists being sued for uncovering the Hamas connections of a well known (self identified) “civil rights” organization.

    Our physician defense group in Washington State is led by the powerhouse attorney of Washington State, Anne Bremner.  

    Our physician lawyer Dr. Mark Ravis is headquartered in Calambas, California.   Mark Ravis and Daniel Horowitz recently won a major victory in a worker's compensation fraud criminal case in Orange County.  All charges against their clients were dismissed on demurrer and on due process (Fifth Amendment) grounds.

     Lawyers in Lafayette is a slogan for branding purposes and each lawyer on this website is an independent lawyer with a separate practice.   

  • Introducing Dr. Mark Ravis Physician - Lawyer / Medical Doctor

    Our physician lawyer Mark Ravis provides the highest quality medical license representation.  Chiropractor/paralegal Michael Yates and lead counsel Daniel Horowitz complete the trial portion of the medical defense legal team.  We protect doctors on MEC review issues, medical board matters, practice group disputes and hospital discipline.   Daniel's Youtube Channel features numerous videos of interest to medical doctors.  He also discusses what it was like to litigate against Vice President Harris when she was a prosecutor in the Alameda County District Attorney's office.

  • Deeply Involved in Community Service

    Daniel Horowitz is an active community member serving for over eight years on the City of Lafayette, Crime Prevention Commission. He is a member of the Chamber of Commerce and a major contributor to Lafayette Partners in Education. Daniel is a strong supporter of Acalanes High School sports as well as Generations In Jazz and the Lafayette artistic community.

Physician Lawyers - California

Your career is dedicated to patient care – Let our Physician Lawyers take care of you!

Our practice is headquartered in Lafayette, California.  Lafayette is a suburb of San Francisco and next door to Walnut Creek (Contra Costa County).   Dr. Mark Ravis' office is in Calabasas, California an hour from Los Angeles.  We represent doctors throughout California and we are Zoom and tech friendly.  (Dan Horowitz was one of the first attorneys to bring a computer into the courtroom.  In 1983 he brought a Gnat System 10 to a preliminary hearing.  [We are trying to confirm whether this was the first use of a computer in a courtroom.]

  For out of state cases we have established relationships with top trial lawyers in Texas, Pennsylvania and New Jersey.  In Washington state we work with powerhouse Anne Bremner.  In New York we partner with a truly legendary lawyer, Martin Garbus.   

Recent Successes

Our legal teams have had many recent successful defenses of medical professionals. In 2022 we had a filed Accusation dismissed and all records of the filing removed. We prevented numerous license suspensions and negotiated multiple cases to treatment and diversion rather than public sanction. Our lawsuits on behalf of physicians and patients have made the front page of the San Francisco Chronicle twice in 2022. Our victories include the complete vindication of doctor Rebecca Parish as we proved that only the severely ill and elderly received vaccinations at her FREE COVID clinic. We argued for FDA emergency exceptions for vaccine clinic doctors that got extra doses from overfilled vials and gave them without cost to persons in need. Dr. Judson Brandeis received over $ 1.5 million dollars from Diablo Valley Oncology & Hematology and Pacific Urology as the judge found intentional wrongdoing on the part of one of the Pacific Urology doctors and a staff member. In another case a doctor whose legal matters had gone on for over 6 years resolved these matters within months of hiring Daniel Horowitz.

Team Formation

Medical license defense requires a team of lawyers led by a trial lawyer. The peer review process or medical board are not places for the general practitioner. You need a lawyer and a legal team that is honed to that specific area of representation. For contested hearings in courtrooms, at administrative hearings or in board or peer review matters we can provide you with lawyers who have spent years of their lives physically in courtrooms.

Our team is deep. We bring to your case a physician lawyer, an MBA, former U.S. Attorney investigator, former top prosecutors and other team members with special expertise. We form teams where each member contributes a unique skill set. Beware the contract lawyer who “also” handles medical board matters. He/she is usually not the best lawyer for a case requiring years of experience and specialized skills. Likewise, we will honestly tell you when we are not the best lawyer for your needs. We can often refer you to someone who is a better fit.

Doctors Charged with Crimes or Facing a Messy Divorce

For criminal cases, high conflict divorce or other matters that can spill over to threaten your license, our team is well suited. We can move between the state courts and the medical board or hospital to mitigate the harms from DUI arrests, DV claims and other allegations of misconduct. In all instances we custom select lawyers, investigators and paralegals with a depth of experience in your area. We have excellent relationships with experts and expert witnesses who respect our work and often preferentially agree to work on cases with us.

Karina Johnson has represented physicians in divorce actions for many years and she is expert in protecting your practice and professional growth. Karina Johnson was formerly with Physicians Advocates in Walnut Creek, California and now has her own practice.

How the Horowitz Medical Group Approaches a Case

We can work quickly. We understand that a completely unfounded – 15 day summary suspension can lead to medical board investigation(s) that last for months. The medical board investigations can continue even if the suspension is reversed. As physician lawyers we understand your needs and your vulnerabilities. We truly understand. Remember, the Medical Board is controlled by a group of political appointees and the DCA. To negotiate with these groups it is critical to understand their interests and priorities. Our expertise covers trial law, medicine and the nuances of medical legal practice. The Horowitz Medical Law group is rare in having expertise in all three areas. We are always tactical. We are always strategically oriented. We look many moves ahead. We balance what can be achieved with a combative approach and what is in your best long term interest.

For a fast response call our office at 925-291-5388. You will reach a real person who is physically in our office. Or fill out our confidential physician contact form below and we will contact you very quickly.

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Client Testimonials

Our Community-Based Law Group has a National Reputation
    “I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does”
    Dan Horowitz handled my complex business issue with magnanimity, compassion, care, promptness, and utmost professionalism. I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does and has an uncanny knack at finding unique resolutions with unparalleled speed and efficiency. What is quite outatanding is that he treats each client with kindness and compassion as if a family member
    - Lovely K.
    “What impressed me most was his unwavering dedication to achieving the best possible outcome for me.”
    I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you Dan
    - Kento T.
    “Daniel and his team did an excellent job.”
    Daniel and his team did an excellent job. He was always readily available to take my call and provided peace of mind through a stressful situation.
    - Reid V.
    “I would highly recommend the Law Office Of Daniel Horowitz.”
    My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.
    - Brandon D.
    “There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word.”
    There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.
    - Cory N.
    “The Best Attorney I Could Have Asked For”
    “The Best Attorney I Could Have Asked For.”
    - Katherine Ryken
    “Dan Horowitz was the best attorney I could have asked for during a difficult time in my career.”
    Dan Horowitz was the best attorney I could have asked for during a difficult time in my career. From the moment I met him, I felt believed, respected, and safe. He and his team were endlessly responsive and empathetic to me and my family. He fought for my case day and night, always keeping my best interests at the forefront of his mind. As I learned from Dan, it is never a good time in one’s life to need legal representation - but if you need it, Dan is your person, your advocate, and your best friend. We are forever grateful for his tireless commitment to justice for the people.
    - Katherine R.
    “Despite his kindness, I have never once doubted his ability to provide me with THE BEST representation in court.”
    He is approachable but serious. Mr. Horowitz is the perfect balance of what someone wants in a lawyer. Not only is he approachable enough to gain and value your trust, but he's a bulldog in the courtroom. Despite his kindness, I have never once doubted his ability to provide me with THE BEST representation in court. I'm so thankful to have found a lawyer capable of such a delicate balancing act.
    - Molly A.

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  • 2 Certified Criminal Defense Specialists
  • 1 Medical Doctor
  • 1 MBA
  • 1 Chiropractor