California Medical License Lawyer

Put Years of Experience in Your Corner

 A California Medical License Lawyer has three main responsibilities:

1. Protect our California Physicians from peer review, FPPE, PIPs, summary suspension, adverse credentialing, and privilege related and employment related actions that can adversely affect a medical license.
2. Protect our California Physicians from Medical Board of California investigations and Accusation based proceedings.  This aspect of license protection often arises from “in house” matters such as disruptive physician complaints, internal divisions and nurse complaints, actual peer review, FPPE and other matters.  These escalate and are reportable to the MBC.
3. Represent our physicians in criminal matters whether they arise from the operation of a medical practice and involve Medicare/Medicaid audits, STARK or AKS violations or other professionally related matters.  We also defend unrelated criminal matters that can impact a license such as drunk driving (DUI), drug arrests or domestic violence incidents.  There are strict self reporting rules that are often misunderstood and can be a separate basis for discipline.

“HOT BUTTON” AREAS AFFECTION MEDICAL LICENSES

Navigating Hospital Politics: Protecting Your Medical License

Understanding Medical Staff and the Medical Executive Committee

Hospital politics can pose significant threats to your medical license and career. Federal mandates require oversight of individual physicians by medical boards and hospital medical staff. While medical boards are public entities, medical staff operations often remain opaque.

The Slippery Slope of Threats to Your License

Internal investigations can quickly turn medical staff from colleagues into threats. Imagine receiving an informal question from a medical staff member about a nurse’s complaint. You respond casually, only to find out weeks later that multiple complaints have been filed, and your response is deemed dismissive. Suddenly, you’re defending your medical license before a peer review committee. They suggest counseling, and you agree to see a “coach.” But are you truly safe? Must you report this when applying for credentials? Could this lead to a denial of credentials, and if so, is it reportable?

The Rapid Escalation of Issues

These situations can escalate within months. Medical training rarely prepares physicians for the complex web of accusations and implications. If you find yourself entangled in hospital or medical group politics, our license defense attorneys are here to help untangle the mess and protect your career.

Who Controls Medical Staff in Hospitals? A Closer Look

The dynamics of medical staff control within hospitals can be intricate. Here are some key considerations:

Organized Medical Staff and Management: The relationship between organized medical staff and hospital management varies. While some hospitals maintain true independence, others may have management physicians and CEOs significantly influencing decisions. The Governing Board, often led by affiliated management physicians, plays a pivotal role. Despite legal requirements for physician control over medical care, corporate interests can sometimes prevail.

Independence of Medical Staff: Assess whether the medical staff truly operates independently from management. Is the governing board (Board of Directors) impartial, or does it prioritize prestige and personal interests? Compliance with Joint Commission rules is crucial, as is prioritizing patient needs.  The hospital has the final word in patient safety but be aware that governing board and executive leadership will sometimes put profit before patient safety.  Good doctors are caught in the middle of the profit vs best patient care conundrum. 

Navigating Complex Proceedings: Our California Medical Lawyers understand the intricacies of medical licensing, privileging, credentialing, and proceedings related to FPPE (Focused Professional Practice Evaluation) and PIP (Professional Improvement Plan). Swift action and expert legal representation can make a difference in resolving conflicts effectively.

Protecting Your Medical License: Navigating Employment and Partnership Disputes

Understanding the Vulnerability of Medical Licenses

In the United States, medical licenses are among the most vulnerable. Employment disputes or conflicts within physician partnerships can quickly escalate, posing serious threats to your ability to practice. What should be straightforward business matters can become perilous, especially when disgruntled partners exploit unfavorable agreements.

Weaponizing Peer Review

In partnership disputes, medical practice lawyers may use peer review as a weapon. Similar to divorce proceedings, the party initiating the conflict often gains a significant advantage.

Expert Legal Guidance

Our medical license lawyers understand the intricate interplay of partnership and employment contracts, social dynamics, and broader political trends. Protecting your medical license and your right to practice involves defending your freedom to exercise independent medical judgment. In an ever-evolving landscape where politicians shape healthcare practices, expert legal guidance is crucial.

Medical Board and NPDB Reporting: The Importance of Pre-Signing Contract Review

When physicians join a group, it often feels like a harmonious partnership. However, unforeseen challenges can arise, much like in a marriage. Understanding your contract’s contents is crucial, as it can determine the outcome in case of disputes or termination.

Here are key points to consider:

Incentivizing Termination for Cause: Many physician partnership contracts include provisions for termination. When termination is “at-will” or without cause, departing partners may receive substantial compensation. However, a different compensation system applies when termination is “for cause.”

The Role of Legal Advisors: For-cause physician termination is typically orchestrated by an attorney outside the practice or by the practice administrator. A well-executed plan can lead to “for cause termination,” which can strip the doctor of goodwill, future revenues, and other valuable intangibles.

Retaliatory Firing and Buyout: Retaliatory firing triggers a buyout under the “for cause” provision. Often, this buyout is based on “book value,” which typically reflects the depreciated value of onsite equipment. Non-compete clauses further complicate the termination process.

Situational Vulnerability: Our medical license defense lawyers take a comprehensive view of your situation. We proactively identify vulnerabilities and potential attacks, ensuring you’re prepared for any legal challenges.

Financial Incentive to Attack Your Medical License

Understanding the Financial Incentive

A significant issue with “for cause” firing is the financial incentive for your former close friends and partners to opt for this route instead of an at-will separation. These “for cause” provisions often lead to medical board reporting or, at the very least, future credentialing application disclosures, which can jeopardize your medical license.

Legal Countermeasures

To counter these tactics, we frequently file lawsuits under Labor Code section 1102.6 or Health & Safety Code section 1278.5 to mitigate the damage caused by a punitive “for cause” firing. However, these are after-the-fact remedies. Punitive actions under physician employment contracts often trigger medical board reporting (and in extreme cases, National Practitioner Data Bank reporting) long before any employment law remedies provide relief. This can have severe implications for your medical license.

Proactive Measures

The best approach is to act before the harm is inflicted. Understanding your employment contract and seeking legal advice early can help protect your medical license and career from these financial incentives and punitive actions. Proactive legal guidance is essential to safeguard your medical license and ensure your ability to practice without unwarranted threats.

Protecting Your Medical License: Be Careful if Your Partnership is Up for Sale

Healthcare Practice Sales and Employment Actions

Healthcare practice sales can often trigger punitive or business-driven employment actions, posing a threat to your medical license. Consider this scenario faced by one of our doctors, where we successfully sued and won $1.7 million.

Case Study: Unjust Termination

A partner physician opposed the sale of the practice. In response, the partners in favor of the sale orchestrated a campaign to document (or invent) physician misconduct. Routine activities were negatively documented, and friends turned into adversaries. Meetings occurred without the opposing partner’s knowledge, leading to his termination without cause.

The Risk of Business Disputes

Any business dispute involving significant money can lead to the misuse of employment contracts or partnership rules, jeopardizing your medical license. It’s crucial to be vigilant and contact our physician lawyers early during a potential dispute to protect your medical license and career.

Proactive Legal Support

Our experienced legal team understands the complexities of partnership disputes and is dedicated to safeguarding your medical license. Don’t wait until it’s too late—seek legal advice at the first sign of trouble.

Sham Peer Review: Understanding Protections and Vulnerabilities

When it comes to sham peer reviews or terminations for cause, certain legal protections come into play. Here are the key points:

Legal Safeguards: Both Evidence Code section 1157 and the state SLAPP statute shield these actions to a significant extent. Unfortunately, this can create an incentive for unfair complaints, leaving physicians with limited recourse.

External Investigations: In severe cases, external agencies (such as DEA Audits, HIPAA compliance bodies, and billing reviews) may target individual physicians. These investigations can have serious consequences.

Internal Suspension: While the group risks exposure as the partner or employer, an external investigation often triggers an immediate internal suspension for patient safety. This drastic measure is increasingly utilized.

Your Vulnerability: Remember that your California medical license is your Achilles’ heel. It becomes a focal point for attacks stemming from personal disputes, marital conflicts, business disagreements unrelated to your medical practice, and even professional competition.

The Best Medical Defense

Facing sham peer review, licensing challenges, board actions, and practice disputes are formidable challenges. You do not have to fight alone. Daniel Horowitz and physician-lawyer Mark Ravis are the best lawyers to stand as unwavering defenders when your medical license is under calculated and unwarranted attack. Their expertise ensures that your rights remain fiercely protected.

Don't wait to get help, contact our team today at (925) 291-5388 to schedule an initial consultation with our firm.