Medical license investigation and accusation can threaten your medical license, your reputation, and your career. If you are facing physician criminal charges, then to secure your medical license, you need to seek a respected medical license defense attorney. The medical license defense attorney will work hard and help you to protect your license vigorously. Medical license defense involves defending a healthcare practitioner at six stages in disciplinary action. Keep on reading to know how to overcome the six stages of a medical license defense case.
Doctor complaints or crime
The activity of medical board enforcement begins when the central complain unit receives a form complaint from any stakeholders such as patients, insurance companies, or an anonymous party that believes you have behaved or acted in violation of the Medical Practice Act. The CCU further determines whether the investigation should be conducted or any disciplinary action taken against you. However, if you get arrested during this stage, hiring a medical license defense lawyer is critical. You need to make efforts to get the charges dismissed.
Investigation and Interview
You will receive a phone call or a letter from the department to inform you that the medical license investigation has begun. Medical Board HQIU investigators have the authority to arrest you, execute a warrant and testify against you in court. During the medical license investigation, the investigators appear friendly, but they are building a case against you. Therefore, you should not take an investigation or interview casually. You can easily unintentionally incriminate yourself. Therefore, consult a lawyer in this regard and let the attorney prepare a defense strategy that shows that discipline is unwarranted. The attorney will review the facts, consult a medical expert, thoroughly analyze the laws, etc.
Once you receive a formal accusation, you will have almost two weeks to respond to it. Otherwise, you will lose your license. Therefore, you need to avail the services of a law firm to quickly file a ‘Notice of Defense’. The experienced counsel of a medical license defense lawyer can help you by protecting your license. The attorney will assess the risks and develop a solid defense strategy.
OAH Administrative Hearing
The administrative hearing becomes necessary if the matter is not resolved during the earlier stages. Various parties will be present during the hearing, including the Judge, defense counsel, and a prosecutor. It is the duty of both sides to present their perspective and evidence. The Judge will decide after one month. A panel of seven individuals will review and make the final disciplinary decision. At this stage, your attorney can vigorously defend you.
You have a right to appeal within 30 days if you have lost a medical license. This should be done if your attorney thinks the medical board has made errors. However, if you do not get a favorable response, the next step would be to appeal to the California Court of Appeals.
The physicians can appeal or submit a petition to the Medical Board of California to reinstate a previously revoked license. The physicians can also request a reduction in penalty. An attorney will file the petition.
As soon as you become aware of the criminal charges or investigation against you, you need to hire an experienced attorney to get the charges dismissed.