Medical License Defense Lawyer

Protect Your Medical License with Our Expert Defense Team!

The Horowitz Physician Defense Law Group, led by Daniel Horowitz specializes in providing comprehensive physician defense for doctors facing a variety of challenges:   Daniel Horowitz has made headlines defending doctors. His whistleblower case against John Muir Health was prominently featured on the front page and six interior pages of the Sunday San Francisco Chronicle. This case prompted an investigation by California Senator Alex Padilla and Congressman Mark DeSaulnier. The experienced legal team includes Physician and Lawyer Mark Ravis and Brookes Hammock, a physician defense attorney formerly with the medical board of Ohio.

The Medical Board of California is relentless in its investigations, collaborating with the CPDH, DEA, CMS, and coordinating with insurance company SEIU units to target doctors.  Our experienced medical license lawyers no the triggers for investigation and are expert in protecting your license.

Common Triggers for Medical License Challenges:

• Repeated Negligence
• Gross Negligence
• Lack of conformity with CPDH opioid guidelines
• DUI or Domestic Violence arrest
• Drug arrest
• Patient complaint of sexual misconduct
• Upcoding especially on followup visits (time vs complexity)
• Stark & AKS violations
• Peer Review discipline (especially summary suspensions)

You have dedicated years of hard work and sacrifice for your medical license. You deserve the best medical legal defense to protect your practice. Let our expert team fight for you!

Feel free to reach out if you need more information or assistance!      925-291-5388
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Navigating Hospital Politics: Protecting Your Medical License

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 by 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 transform 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?

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 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 often 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 all the difference when it comes to resolving conflicts effectively.

Protecting Your Medical License: Navigating Employment and Partnership Disputes

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.

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. 

Act now to protect your career—reach out to our Contra Costa medical license attorney at (925) 291-5388 and book your initial consultation with us today.