False Medical Board Accusations in California
The Medical Board of California can file a false Accusation and when it does the physician is harmed even if he wins. In this blog we review the Accusation filed on September 28, 2023 against Dr. David Bockoff (Beverley Hills). Physician Lawyer Daniel Horowitz reviews all the board Accusations as they are filed. Once in a while he finds one that is so outrageous that he has comment on it.
The board sends e-mail blasts that included the Medical Board Accusation filed against Dr. Bockoff. In the same e-mail blast by the Medical Board included notice of the dismissal of an Accusation filed against Dr. Jeffrey Max of San Diego. That was a small footnote to what must undoubtedly have been a terrible ordeal for Dr. Max.
So the first rule is this - Beware reading too much into an Accusation. Our office has also had Accusations dismissed even though as you read the Accusation it looked onerous.
Lack of Checks & Balances to Protect the Doctor
Dr. Bockoff’s Accusation is a warning to other physicians that DEA actions can result in Medical Board filings. DEA actions are heavily law enforcement focused and the truly lack any aspects of fairness or balance. So even though the Medical Board has some decents checks and balances to protect the physician, they can bootstrap on a law enforcement investigation and can easily tag an innocent doctor.
In the Bockoff allegation the board states that:
Respondent is subject to disciplinary action under sections 141 and 2305 of the Code in that the United States Drug Enforcement Administration (DEA) suspended Respondent's Certificate of Registration. Suspension of Respondent's DEA Certificate of Registration is grounds for discipline in California as a violation of federal or state laws that regulate dangerous drugs or controlled substances, pursuant to Code section 2238.
Politics vs. Medicine
There is a huge medical battle right now between the opioids are evil and if only I had been told how addictive they were I would never prescribe them group and doctors who treat chronic pain with opiates when nothing else works. The board and the DEA were absolutely slamming the prescribe opiate doctors but recently the Medical Board of California admitted that the strict enforcement policy had caused patients unnecessary pain. States make millions suing big pharma and individual physicians are collateral damage.
Daniel Horowitz: Your Defense Against Unfounded Medical Board Accusations
The Accusation is NUTS on its Face
When facing a Medical Board Accusation, you need an attorney who will protect your rights and challenge unfounded claims. Daniel Horowitz is that attorney.
Questionable Expert Review
The patient files were reviewed by a board “expert” whose summaries and descriptions reveal a lack of true expertise.
Example of Unfounded Accusation
One patient cited by the board was described as follows:
- On February 23, 2021, Respondent prescribed a 15-day supply of oxycodone 15 mg (60 tablets) to be taken every six to eight hours as needed for severe pain.
- On March 12, 2021, Respondent prescribed a 15-day supply of oxycodone 20 mg (60 tablets) to be taken every six to eight hours as needed for severe pain.
- On March 16, 2021, Respondent prescribed a 15-day supply of oxycodone 20 mg (60 tablets) to be taken every six to eight hours as needed for severe pain.
Depending on the patient, this is not outrageous and could be necessary. However, the board alleges:
Patient 6’s prior medical records indicate that she drinks 1 1/2 alcoholic beverages per month. Respondent does not document the patient’s alcohol use or discuss the risks of using alcohol with opioids prior to and while prescribing oxycodone to Patient 6. This is an extreme departure from the standard of care.
To our lawyers, this statement is NUTS. One and a half drinks per month is practically teetotaling. Even if it were 1 ½ drinks per day, it might warrant checking for safety, potentiation, and overdose issues, but 1 ½ per month? This accusation shows a complete lack of judgment.
Another Example of Misjudgment
Regarding Patient 5:
- On October 7, 2019, Respondent documented under “Personal History - Social History - Habits” that “[t]he patient states that he does not smoke cigarettes, drinks alcoholic beverages rarely, and does not use any street drugs.”
Patient 5’s prior medical records in Respondent’s office reflect that he drinks beer 1-2 times a week. Despite this, Respondent continued to prescribe substantial amounts of opioids to Patient 5, which the board claims is an extreme departure from the standard of care.
In other words, someone who does not smoke, does not use street drugs, and drinks beer 1-2 times per week should not be prescribed opiates? This is absurd.
Contact Daniel Horowitz
If you are facing similar unfounded accusations, contact Daniel Horowitz. He will protect your rights and provide the strong defense you need.
Bottom line. Honest doctors can be maligned by false and fatuous assessments by “medical board experts”. Whoever did this evaluation is IMHO ..... [Left Blank]
NOTE: Daniel Horowitz has no interest or connection to this case. He reviews dozens of Accusations and once in a while will publish on an Accusation that seems particularly egregious and abusive.
Daniel Horowitz passionately believes in the independence of the medical profession. Government regulators, insurance companies and corporations should not practice medicine under the guise of “patient safety” and regulation. If you are one of the many good doctors falsely accused, contact physician lawyer Daniel Horowitz and Dr. Mark Ravis (Lawyer and Attorney) to protect your rights. (925) 283-1863