As a medical professional, finding out that you are the subject of a medical board investigation can be incredibly stressful. You’ve worked your entire life to become a skilled and patient-centered healthcare provider. The last thing you want is to face the threat of losing your right to practice.
Whether the investigation stems from a patient complaint or alleged misconduct, mounting a strong medical board license defense is key to protecting your right to practice. Here are six steps you can take to protect your license from the law.
Hire an Experienced California Medical Board License Defense Lawyer
The moment you find out that you are under investigation, you should seek out an experienced medical board license defense attorney like S J Harris. S J Harris Law can inform your decision-making process and help you understand your rights when facing a medical board investigation.
Having a professional legal advocate working on your behalf is important. It can have a drastic impact on the outcome of your administrative proceedings.
Evaluate the Strength of Your Legal Case with Different Strategies
Once you’ve found the right attorney to represent you, work with them to evaluate the strength of the case against you. Are you facing a single unfounded claim from a disgruntled patient, or are there multiple complaints and a paper trail to support the allegations?
Unfortunately, it can be difficult to gauge the strength of an administrative complaint. However, your state medical board will likely toss out any frivolous ones. If a claim makes it to you, there is usually enough evidence to justify further investigation.
Therefore, you should treat any medical board investigation as a very serious but still winnable matter. It’s best to overprepare so that you can build a strong defense strategy rather than risk walking into a hearing unprepared to fight for your license.
Remember, the Investigator and Boards are Not on Your Side
The medical boards will assign an investigator to gather facts about the complaint. Investigators are expected to conduct themselves in a professional and cordial manner. Do not mistake their professionalism for friendliness or empathy. They are purely medical license fact-finders and are not on your side.
Anything you say to the investigator can be used against you during the administrative proceedings. With that in mind, you should have an attorney present any time you speak with one of these professionals. Your attorney can help you cooperate with the investigation without putting yourself in a compromising situation.
Exercise Your Right to a Hearing
The most important right that you have during an administrative medical board investigation is the right to present a defense and, if an accusation is filed, to have an administrative hearing. However, you have to expressly invoke that right to protect your medical license through the filing of a Notice of Defense. The medical board will not automatically schedule a hearing unless you ask for one.
If you don’t request a hearing, the medical board will still prosecute the matter and can issue a Default Decision and Order to revoke your license. As a result, you will not have the opportunity to defend yourself as a physician or present your arguments. You don’t want the Board to make a decision regarding your license without a full understanding of the incident.
Mount a Strong Medical Board License Defense With S J Harris Law
S J Harris has the subject matter expertise to compose a strong medical board license defense on your behalf. As an experienced professional license lawyer, S J Harris is here to fight for your livelihood and seek a favorable outcome. Contact our firm to schedule a consultation.
