California Medical License Defense Lawyers: Protecting Doctors’ Livelihoods
Doctors in California put in years of schooling and training to earn the privilege of caring for patients. However, allegations of misconduct can put their medical licenses at risk. Fighting to keep their license requires the expertise of a California medical license defense lawyer.
Why Doctors Need These Specialized Attorneys
For physicians, their medical license is everything. Without it, their career and financial future are jeopardized. Even false allegations from an angry patient or a government investigation can prompt the Medical Board of California to question a doctor’s practice.Revoking or suspending a license has huge consequences, even if the doctor is eventually exonerated. Disciplinary actions become part of the public record on the Board’s website and in their newsletter. The stigma can linger and harm reputations.Doctors need lawyers who understand the complexities of California’s professional licensing laws- as well as healthcare regulations, standard of care issues, and medical ethics. An experienced medical license defense attorney can guide them through investigations and build aggressive legal defenses.
When a California Medical License May Be At Risk
There are many circumstances that can put a doctor’s license in jeopardy. Some common reasons California physicians need a medical license defense lawyer include:
- Substance abuse issues– Addiction, DUI/DWI charges, or other drug crimes. Even if criminal charges are dropped, the Board may still impose discipline.
- Healthcare fraud accusations– Prescription abuse, insurance fraud, kickbacks, etc. Again, even dismissed criminal charges can lead to license suspension.
- Unethical behavior– Breaches of ethics like inappropriate relations with patients.
- Standard of care issues– Allegations of malpractice, negligence, incompetence, or patient harm.
- Criminal charges– Any felony or misdemeanor conviction, even if not related to medical practice.
- Administrative violations– Record-keeping problems, noncompliance with regulations, etc.
Doctors have just 30 days to report any criminal charges to the Board. Promptly consulting an attorney helps physicians understand their rights and build a strategic defense.
How California Medical License Defense Lawyers Help
Experienced lawyers serve physicians throughout the investigative and disciplinary process. Their goal is to protect the doctor’s license and rights. Services a medical license defense attorney may provide include:
- Responding to Board inquiries and interview requests
- Gathering evidence and documents
- Negotiating with the Board
- Preparing for and representing doctors in hearings
- Helping doctors comply with Board rules and requests
- Advocating for the best possible outcome given the circumstances
- Guiding doctors through the license reinstatement process
In some cases, a lawyer can resolve the issue during the investigation. Convincing the Board not to file an accusation prevents public discipline. Other times, they negotiate settlements that minimize damage to the doctor’s reputation.If an accusation proceeds to a hearing, lawyers defend against the charges. They work to avoid license revocation in favor of lesser discipline like probation, limitations, or suspension.
Why Choose the Right Medical License Defense Attorney
Not all lawyers have the right skills for medical license hearings. It’s a highly specialized area of law. When their career is at stake, doctors should look for these qualifications:
- Extensive experience in professional license defense cases
- Thorough knowledge of medical regulations and standards
- Good relationships with the Medical Board and judges
- Resources to take on the Board’s attorneys
- A track record of success in past cases
- Compassion for what’s at stake for doctors and their families
Doctors facing Board discipline need an attorney who will fight zealously for their interests. They need someone who understands the value of their medical license. With the right lawyer, they have the best chance of preserving their career.
Fighting Aggressively Against License Suspension, Revocation, and Denial
The lawyers at Oberheiden, P.C. provide aggressive defense for physicians statewide accused of:
- Healthcare fraud
- DUI/DWI
- Drug crimes
- Unethical conduct
- Negligence and incompetence
- All other allegations
Their team of medical license defense attorneys includes former prosecutors. They know how the Board builds cases against doctors. Leveraging this insight, they craft strategic defenses to beat the charges.Oberheiden, P.C. offers free case evaluations to doctors concerned about their license. They are available nights, weekends, and holidays. Early intervention often leads to better outcomes.
Avoiding License Suspension Through Diversion
In some instances, doctors can avoid license suspension through diversion programs. California Lawyers Assistance Program (LAP) helps physicians dealing with mental health disorders or addiction issues. Enrolling in LAP shows a commitment to treatment and willingness to comply with monitoring.Diversion agreements require:
- Undergoing comprehensive evaluations
- Following individualized treatment plans
- Submitting to random drug testing
- Abstaining from all non-prescribed controlled substances
- Complying with practice restrictions or supervision
- Participating in support groups like AA or NA
If doctors satisfy their diversion terms, LAP expunges the matter from their records. Their medical license remains clear. LAP participation demonstrates insight and accountability to the Board.
Navigating the Medical License Reinstatement Process
Doctors who lost their California medical license through revocation or surrender may petition for reinstatement. However, the process is complex. Very few doctors try, and only about half succeed.With an attorney’s help, physicians can overcome the difficulties and high burden of proof. Key steps in the reinstatement process include:
- Waiting the required time period to be eligible – 3 years for revocation/surrender; 1 year for illness issues
- Ensuring they meet reinstatement prerequisites
- Collecting extensive evidence and documents
- Presenting a thorough rehab plan with safeguards against recurrence
- Convincing the Board they deserve another chance
By presenting a compelling case, doctors show they accept responsibility and deserve to practice again. An experienced medical license reinstatement lawyer guides physicians through the intricacies.
Final Thoughts
Losing their medical license destroys doctors’ livelihoods and reputations. Fighting licensing allegations requires specialized legal representation. Medical license defense lawyers protect physicians’ rights and careers. They help minimize the damage and preserve their ability to serve patients.