Medical Board Accusations

Medical Board Accusation Defense

Medical Licensing Board Lawyers - (925) 291-5388.

What is a Medical Board Accusation?

A medical board accusation is a public document filed by the medical board that contains factual allegations and specific charges against a medical doctor. This accusation typically follows an investigation which can be lengthy and involve physician-medical board communication. However, it may strike with less warning following significant events like a documented "never event" or a criminal conviction.

What is an Accusation Defense Lawyer?

Similar to how physicians specialize, the best physician defense lawyers have their areas of expertise. A Medical Board Accusation defense lawyer combines trial skills, sophisticated medical case experience, and technical expertise in the nuanced legal areas affecting medical law. This distinguishes a medical transactional lawyer, malpractice defense lawyer from an Accusation defense attorney.

About Our Physician Lawyers

The Horowitz Physician Defense Law Group, led by Daniel Horowitz specializes in providing comprehensive physician defense for doctors facing Medical Board investigations and Accusations.

Daniel Horowitz:

Daniel Horowitz is a veteran of over 200 jury trials and literally thousands of medical, administrative and government hearings. He is a Top 100 Trial Lawyer, 10 Rated by AVVO, AV Rated by Martindale Hubbell, a California “Super Lawyer”, former law school professor and television legal commentator. Daniel's cases defending doctors have been front page news in the San Francisco Chronicle and medical-legal work has been recognized nationwide.

Dr. Mark Ravis:

The experienced legal team includes Physician and Lawyer Mark Ravis. Dr. Ravis is fully licensed as both an attorney and medical doctor. Dr. Ravis is a staunch defender of doctors and specializes in fighting against sham peer review and false medical board Accusations.

Brookes Hammock:

Physican defense lawyer Brookes Hammock is renowned for his technical skills and cutting edge legal analysis. Brookes was formerly with the medical board of Ohio. If there is a technical defense to the charges, Brookes will research and document those defenses for speedy resolutions or effective appellate review.

Defending Against a Medical Board Accusations

If an accusation is filed by the Medical Licensing Board, rest assured that your medical license can be successfully defended.

Common Issues with Medical Board Accusations:

Many medical board accusations are based on:

Sham peer reviews
False medical assumptions
Bad science
Incorrect information

Our Commitment: We have had false accusations dismissed and maintain a medical-legal practice dedicated to the vindication of our physician clients.

Medical Board of California False Accusations Against Doctors

Successful Outcomes

Among our successful licensing board outcomes are the following:

Los Angeles Physician investigated by the Medical Board. Nothing filed. Client sued and recovered from insurance company that made the complaint against him.
Stockton criminal charges successfully refuted, board Accusation filed and then withdrawn.
Northern California arrest and guilty plea to lesser charges, no medical board action.
San Francisco DUI arrest and conviction of lesser charge, no medical board action.
Alameda Physician with filed Accusation for Opioid Rx - License protected.

Our Medical Board Accusation Team

Dr. Mark Ravis:

Mark Ravis is a licensed physician who is also a lawyer. Dr. Ravis and Daniel Horowitz partner on cases where the medical issues are complex. Dr. Ravis is headquartered in Calabasas, California.

Daniel Horowitz:

Our lead counsel and one of the nation's leading trial lawyers. Daniel has over 40 years experience representing physicians and medical practices. Daniel is the attorney who filed two cases against John Muir Health in Walnut Creek that made front page news and led to an investigation of the hospital by California Senator Padilla and Congressman DeSaulnier.

Brookes Hammock:

Ohio attorney and former staff member of the Ohio Medical Board, Brookes has a passion for defending doctors and an excellent record of success.

Molly Northrup: MBA, licensed real estate agent and soon to be attorney, Molly Northrup provides a level of paralegal skills that exceeds the performance level of most attorneys.

How to Hire the Best Medical Defense Lawyer

To hire the “best medical license defense attorney” you need to understand the Accusation process and then choose among the many excellent medical lawyers who specialize in this area. There is no single “best” lawyer. The selection of attorney is based upon the attorney's skill level, the details of your case and a personality match between you and your legal team.

We hope that you consider our firm as best for your needs and we provide the following information to assist you in making an informed choice.

Understanding the Medical Board Accusation Process

The Accusation process has an investigation, interview, evaluation and referral stage. Your experienced attorney can have input at all phases of the process.

Learn About the Medical Board Accusation Process

Learn More: What is a Medical Board Accusation?

If a Medical Board Accusation is Filed

When a Medical Board Investigation results in charges, the first papers you will receive is the Accusation. This document is part of a larger packet, sent by certified mail which includes a crucial document titled “Notice of Defense”. This preprinted form must be returned to the board within 15 days of service. (Service may mean received, mailed, or a variation of the two!)

Medical Board Accusation: What Do I Do?

Notice of Defense

Thie Notice of Defense is an area that separates the “do it yourself” approach from “I'm glad I hired an attorney”. It seems so simple and it is, until it is not!

Learn More: What is a Notice of Defense?

The best physician defense attorneys create a custom version of the Notice of Defense, addressing issues not included in the preprinted form and tailored to your specific case. If you do a generic version of notice of defense to the board's accusation you will waive certain defenses.

To Reach our Medical Board License Defense Attorneys call: (925) 291-5388.

Penalties if an Accusation is Sustained

You can have your medical license revoked or restricted. You may be forced to make disclosures of discipline to your patients. You can also be given a public reprimand or private reprimand. Under Business & Professions Code section 125.3 you will be held liable (if you lose) for the board's costs including attorney's fees.

Physician Discipline by the Medical Board of California - What Can the Medical Board Do ?

Medical Board of California Accusations - More Details

Hot Buttons Issues

Recent Medical Board Accusations Against Doctors

Medical Board Annual Report

The Medical Board of California's annual report gives a statistical breakdown of areas of complaints and board action. The short version is that alcohol issues (which in our experience, arise out of DUI (Driving Under the Influence) arrests and criminal conduct - which are mostly fraud complaints) are a significant area of concern to the board. Opioid prescriptions are a close competitor. However, Gross Negligence in medical practice is the # 1 factor.

Learn More: What Constitutes “Gross Negligence” to the Medical Board?

Medical Board Alleges “Bad Record Keeping” but What Do Patient Files Have to Contain?

Learn More: Drug Issues and the Medical Board

Learn More: Medical Board Criminal Investigations

Opioid Wars

Doctors who prescribe opiates for chronic pain are at risk. The AMA is quite concerned about the corporate practice of medicine however the California Medical Board enforces ever changing and vague rules regarding opiate prescriptions. The enforcement is the filing of accusations almost randomly against doctors who treat patients with chronic intractable pain. Our expert medical attorneys are the best attorneys to defend doctors against the unequal and random enforcement of underground rules and regulations.

Politics Controls Medical Practice Through Opioid Accusations Against Doctors

Opioid Accusation - Example

Reportable Malpractice Awards

Reportable malpractice awards commonly cluster in surgery, obstetrics (OB), emergency room (ER), and general practice areas. With few exceptions, any medical malpractice judgment, arbitration award, or settlement exceeding $30,000 must be reported, even if multiple attorneys are included under a single settlement amount.

Learn More: What Malpractice Awards are Reported?

A malpractice claim settled in your name can result in a listing in the National Practitioner Data Bank (NPDB), even if you were merely one of many defendants. You might have thought the medical malpractice lawyer was protecting you, but in reality, they were protecting the insurance company. And guess what? The insurance company wasn’t reported to the NPDB—you were. Any settlement is reportable to the NPDB. Various state medical boards have exemptions from reporting if the settlement is under a certain dollar limit.

Lawyer Driven Reporting

Lawyers suing for malpractice can use the Medical Board as a “hammer” to harm the doctor being sued. The recent filing against a Torrence area doctor reads like a poorly documented and frivolous malpractice claim and yet the board can damage a career and reputation by a simple, unregulated filing.

Self Reporting for Certain Physician Criminal Cases

Not all criminal cases must be reported. Daniel Horowitz is a board certified Criminal Defense Specialist. (State Bar of California, Board of Legal Specialization). Board Certification for attorneys can be as critical as board certification for doctors. If you are arrested, Daniel Horowitz should be contacted immediately.

What Cases Must Be Reported to the Medical Board?

Doctors - You Got Arrested - Must You Report Yourself to the Medical Board? - Lawyers In Lafayette

Call Our Accusation Defense Lawyers - (925) 291-5388.

Levels of Medical Board Adverse Decisions

Accusation: The document stating the charges the Board has filed against the physician. This shows on your record even as it is being adjudicated.
Decision: The document describing legal and factual findings and disposition of the charges filed in the Accusation, as well as identifying any conditions or limitations imposed on the physician's license. This is a permanent mark on your record. It can be appealed to the Superior Court.
Suspension Orders: Issued by either a Superior Court judge or administrative law judge to suspend or limit a physician's practice immediately. When a doctor is arrested for a felony, there is a petition that the Attorney General can file on behalf of the Medical Board to have the court restrict or suspend the doctor's license. There are some serious technicalities that arise from this petition which can be used to assist in the criminal case.
Public Letter of Reprimand: A form of discipline that can include a requirement for specified training or education. The key word is “Public” and patients must be informed of the Reprimand.
Citation: A sanction that usually includes a fine imposed by the Board for technical violations of the law. Note: Citations are not considered disciplinary action, and are only available for three years after the citation has been resolved. This is often considered a victory and depending on the wording of the citation, it may have little or no effect on the doctor.

PEER REVIEW & THE MEDICAL BOARD

What is an 805 Report to the Medical Board of California?

A Business & Professions Code section 805 report is a mandatory filing to the Medical Board of California. The law requires that certain actions related to the staff privileges, membership, or employment of physicians, podiatrists, and licensed midwives must be reported to the Medical Board of California when they are imposed or voluntarily accepted for a medical disciplinary cause or reason. Resignations under investigation, summary suspensions over 14 days and privilege restrictions must be reported.

A doctor can be forced to defend his/her license and fight an unfounded peer review action simultaneously.The legality of the 805 requirement is often questioned. How can there be a report before the physician has had a hearing? It gives the peer review body tremendous power to complicate a physician's life.

However, as with so many attacks on a doctor's license, the 805 process has been found to be lawful, usually in the name of patient safety. Here are links to some of the many cases that justify this unfair reporting process:

Stiger v. Flippin, 201 Cal.App.4th 646 (2011)
Powell v. Bear Valley Community Hospital, 22 Cal.App.5th 263 (2018)
Shacket v. Osteopathic Medical Board, 51 Cal.App.4th 223 (1996)
Bus. & Prof. Code § 805

Call Our Accusation Defense Lawyers - (925) 291-5388.

Summary Suspension and 805 Reporting

When a physician faces a summary peer review suspension, it can trigger medical board reporting. Here are the key points to understand:

Summary Suspension: Medical staff can suspend a doctor without a formal hearing. Typically, this occurs behind closed doors through the Medical Executive Committee (MEC) or another authorized entity (such as the Chief of Staff).

Reporting Obligation: California law mandates that within 15 days of a summary suspension, a medical board report (known as an “805 Report”) must be filed. This report informs the Medical Board of California about the disciplinary action taken against the licentiate.

Negotiation Window: During the 14-day summary suspension period, negotiation is possible. Physicians may explore alternatives to reportable termination or resignation. Performance Improvement Plans (PIPs) and other non-terminating options may be offered, but they come with their own considerations.

Right to Contest: Physicians always have the right to contest adverse actions through a peer review committee.

Expert Legal Advice: Most summary suspensions and 805 reports do not lead to medical board action. The contents of the 805 matter, and we strongly recommend seeking expert legal counsel during this critical 14-day period.

Will Hiring a Lawyer Make Medical Staff “Angry”?

The MEC and medical staff policy makers expect physicians to retain legal representation. Hospital administration and Organized Medical Staff rely on legal advice. We know many of the Medical Staff attorneys and they are excellent at their jobs. Don't try to “do it yourself”. The individual physician should also have the best medical license representation just as the MEC has the best medical staff lawyers to protect their interests.

Unfair Discipline and Reporting: The Long-Term Impact on Physicians

Decades of dedication can unravel swiftly, leaving physicians vulnerable to unfair discipline and reporting. Even if you maintain your medical license, the repercussions can haunt your career indefinitely. Here are the key points to consider:

Ancillary Penalties: Beyond the immediate consequences, physicians may face ancillary penalties. These include reporting to the National Practitioner Data Bank, public databases, and the medical board website. Such reporting can have lasting effects on your professional reputation.

Self-Reporting Obligations: Keep in mind that self-reporting requirements kick in when you apply for privileges, change jobs, or seek business loans or malpractice insurance.

Navigating these challenges requires vigilance and strategic decision-making. Seeking legal advice can help protect your rights and mitigate the impact of unfair discipline and reporting

INSIGHTS INTO HOW THE MEDICAL BOARD WORKS

The Medical Board of California Telegraphs Its Hot Button Disciplinary Issues

Medical license lawyers know that the most common California Medical Board Accusations can be reviewed on their Accusation Filed Web page. We subscribe to this list and review each Accusation. This means that an attorney for doctors is part lawyer and part political pundit. Sometimes the politics are easy to anticipate. When lawyers and Attorney Generals started targeting opioid pharma companies, we knew that individual doctors would be next. We proactively reached out to our doctor clients and warned them of the upcoming tidal wave of discipline.

The Supervision of the Medical Board is Not Science or Medicine Based

Remember, the Medical Board is supervised by the Department of Consumer Affairs. This is not a science organization. It is not staffed by doctors, researchers or even people who took statistics in college. The board itself is appointed by the Governor. It is a political position.

Follow the Political Trends (We Do)

There are trends that you can note with consulting a medical lawyer. As we said, Opioid prescriptions were a hot topic. Sexual misconduct is another major area of inquiry. Failures of patient care are not uncommon and the Horowitz Medical team includes a lawyer/doctor (Dr Mark Ravis) and paralegal chiropractor (Michael Yates) to review quality of care issues - in house. We can then consult with top medical experts to assemble the proper defense team. We publish blogs on recent medical board issues and filings.

Medical Board of California False Accusations Against Doctors

How Does the Medical Board of California Handle Accusations of MD Drug or Alcohol Abuse

False (We Believe) Accusation Against Dr. Myron Mariano

Recent Medical Board of California Accusations - Lawyers In Lafayette

Medical Board Consultants Will Judge You

The Medical Board employs consultants who are heavily influenced by board directives and political considerations regarding what constitutes standard practice for physicians. This approach can be biased. While some consultants are true experts who exercise independent judgment, many do not.

Learn More: What is a Medical Board Consultant?

What is the Medical Board of California’s Medical Consultant Program?

Sources of Complaints to the Medical Board

Complaints to the Medical Board often originate from various sources, including other physicians, disgruntled employees, and patients. Ongoing investigations of other physicians may involve your office, possibly as a referral source, or some of your patients. Opioid complaints frequently come from insurance companies and pharmacies. If you receive a warning letter from either, contact an attorney immediately.

Common Sources of Complaints

Other Physicians: Colleagues may report concerns about your practice.
Disgruntled Employees: Former or current employees might file complaints.
Patients: Dissatisfied patients can lodge complaints about their care.
Insurance Companies and Pharmacies: These entities often report opioid-related issues.

Immediate Action Required

If you receive a warning letter from an insurance company or pharmacy, contact an attorney immediately to protect your rights and respond appropriately.

Call Our Accusation Defense Lawyers - (925) 291-5388.

Other Triggers for Board Investigations

Suspensions and Denials of Privileges: These actions can prompt board investigations.
Criminal Convictions: Any criminal conviction or the filing of a felony indictment can trigger an investigation.
National Issues: Topics like opioid prescriptions, Durable Medical Equipment (DME), genetic testing, and remote chart reviews often lead to investigations due to their national publicity.

State Variations

There is little consistency between states regarding medical board complaints, except for on widely publicized issues like opioid prescriptions and DME fraud.

For expert legal advice and defense, contact Daniel Horowitz at (925) 291-5388.

Arrests & Convictions

Criminal charges can lead to an immediate petition by the medical board (to the court) for suspension of your license. The criminal process is slow and convoluted. As physician lawyers certified as criminal defense specialists, we look past the criminal case and act to protect your license as we conduct a criminal defense.

How the Criminal Process Works

Criminal convictions always result in board examination. DUI's, domestic incidents, and drug cases are frequent triggers for discipline - but any criminal conviction will be examined.

DUI Conviction and the Medical Board

As an example, some states are very harsh on substance abuse by MD’s. Others look for a treatment option as the first choice. But beware agencies that administer these programs. Once you enter their world of supervision, they own your soul.

Drug Issues and the Medical Board

Negligent Acts

Recent Medical Board Accusations have focused on repeated negligent acts or gross negligence. These Accusations are public record, even though there has been absolutely no judicial review of any of the allegations. A medical malpractice judgment or settlement (above $ 30,000) is reportable to the board and all judgments are listed in the NPDB. An Accusation can be filed without any malpractice action ever being filed. It gets filed when the board has suspicion of negligence (repeated or gross).

See Repeated Negligent Acts Accusation against Dr. Alan Krystal

See Gross Negligence Accusation against Dr. Douglas Abeles

See Gross Negligence Accusation against Dr. Stan Poulos

Current Medical Board Issues

False Medical Board Accusations

When is a Medical Malpractice Settlement Reported to the Board?

When Does a Doctor have to Self Report an Arrest?

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Best Lawyer for Medical Board Defense: Top Physician Defense Team

When facing a medical board accusation, having the best lawyer for medical board defense is crucial. Our top-tier physician defense team includes:

Dr. Mark Ravis: A physician lawyer with extensive medical and legal expertise. Mark's office is in Calabasas, California.
Daniel Horowitz: A renowned trial lawyer with a stellar track record. Daniel's office is in Lafayette, California (Contra Costa County). His experience includes the United States Supreme Court as well as many other courtrooms both nationally and internationally.
Oksana Tyskova: An experienced trial lawyer with two physician parents.
Karina Johnson: Over a decade of experience in highly technical medical-legal matters. Formally working for Physicians Advocates in Walnut Creek, California.
Brookes Hammock: Licensed in Ohio and Pennsylvania. Attorney with experience working for the Ohio medical board with Supreme Court experience.
Michael Yates: Law school graduate and Chiropractor.
Molly Northrup: MBA and Law Student

For expert legal defense, contact the best lawyers for medical board defense, Lawyers in Lafayette, Daniel Horowitz, at (925) 291-5388.

Stay In The Know

Visit Our Blog

What is a “Disruptive Physician” ?

Peer Review Triggers Medical Board Investigations

The Horowitz medical license lawyers are expert in Peer Review defense. (See Our Peer Review Site)

As an overview, here is how Peer Review often triggers medical board reporting.

Your initial employment contract can trigger both peer review and an accusation - based upon procedures and rules governing dispute resolution and termination. Our contract experts can review your employment contract to spot traps that can escalate business disputes. This business dispute escalation can lead a physician down the path to peer review. Larger medical groups and corporations are aware of this trap provisions – we can help you avoid them. If you are in a business dispute, contact us before the peer review provisions are triggered. If you are facing peer review, every single day counts as the 15 day reporting clock is ticking.

Attorneys representing physicians often argue that the phrase “disruptive physician” is overused and may sometimes be a justification for discrimination against the medical practitioner. Employers often counter that a bad attitude at work has a negative impact on the work environment and hence impacts the quality of care provided at a facility. Many hospitals have software that encourages staff to lodge anonymous complaints which are then used against a doctor. Whisper campaigns get organizational support through repetition and recording.

Often “Performance Improvement Plan(s)” are offered as a way to “calm” a situation. This is usually a trap. Once on the plan, the physician cannot resign without reporting to the National Practitioner Data Bank. (We do not like the term “data bank”. It is a database. Banks keep your money and your financial transactions somewhat private. The National Practitioner “database” is as leaky and public as most databases, and in our experience, does not deserve to be associated with the word “bank”.

So many peer review, resignation, malpractice and other disagreements result in the NPDB kiss of death. Earlier legal intervention is incredibly important prior to actual data bank reporting, as the purging process is tedious and difficult.

MEDICAL BOARD ACCUSATION

Slightly ahead of Peer Review in the list of painful stumbling blocks to a medical career, is the Medical Board Accusation. The accusations often follow negative peer review findings but perhaps more damaging are the inquiries triggered by pharmacy or insurance carrier triggered opiate prescription audits, complaints from staff, and criminal matters (often unrelated to your practice). We are trial lawyers, and we aggressively defend medical board cases. We are capable of negotiating when that is the proper resolution for you - but we are known for our litigation and trial / hearing skills. We approach negotiation as seeking a mutually acceptable middle ground and we never negotiate without reserving the option of presenting a vigorous and intelligent defense at hearing.

Medical Board Investigation Forwarded to the State Attorney General

If the investigation finds evidence that the physician has violated the Medical Practice Act and the violation warrants disciplinary action, the case is forwarded to the Attorney General’s Office to prepare an accusation. An accusation is a legal document that lists the charges and/or the section(s) of law alleged to have been violated and is served on the licensee.

You will usually have significant contacts with the board investigators prior to this state so you should not be surprised when they choose to proceed.

In California you only have 15 Days to Dispute the Charges

The physician is entitled to dispute the charges at an administrative hearing. The request for a hearing must be received within fifteen (15) days after the accusation is served pursuant to Government Code Section 11506.

The simple filing can be supplemented by a variety of objections, demands for specific items of “discovery” and other matters that are better handled by an attorney.

Key Document – “Notice of Defense”

The actual document to be filed is a form which will be provided with the Accusation. Our office has developed a series of challenges to specific types of accusations and fact patterns. These challenges raise constitutional issues which may be overlooked by law firms that are not focused on constitutional law and due process principles. Whether the issue is medical, treatment based, or science based, we have a physician lawyer on our team as well as experienced former prosecutors and trial lawyers who know how to thoroughly dismantle a faulty scientific attack on a doctor.

The request for a hearing may be made by delivering or mailing a “Notice of Defense” to both the Deputy Attorney General and the Medical Board of California. The Deputy Attorney General’s name, address, and telephone number will appear on the front page of the accusation. If a request for a hearing (or Notice of Defense) is not received, the physician will be deemed to have waived the right to a hearing and the Board may proceed to act on the accusation without a hearing and may take action as provided by law.

The physician may, but need not, be represented by counsel at any or all stages of these proceedings. The hearing is an administrative proceeding that closely resembles a court trial and is presided over by an Administrative Law Judge. After the hearing, the Administrative Law Judge writes a proposed decision. The proposed decision is then sent to a panel of the Board for consideration. The members make the final decision on disciplinary matters and can either adopt, modify, or reject the proposed decision.

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