Health Care License Defense

Medical global networking and healthcare global network connecti

How a Healthcare License Defense Attorney Can Help You

If you’re like most healthcare professionals, you entered the medical field to pursue your passion for helping others. At S J Harris Law, our passion is helping licensed professionals acquire, maintain, and protect their licenses to continue doing the work they enjoy.

If you’re facing trouble with your license, including disciplinary investigations and proceedings, S J Harris Law can help make things right.

Experience in Handling License Defense Matters for Healthcare Professionals

Founding attorney Scott J. Harris knows how the Medical Board of California works, including its more obscure laws and regulations. He has extensive experience handling cases involving the MBC and understands the intricacies of their investigations. 

With a skilled healthcare license defense attorney at your side, you’re never alone in your struggle.

Aside from providing access to quality medical care, the mission of the Medical Board of California is to protect those in need of healthcare and prevent harm through licensing and regulation of medical professionals. S J Harris Law stands by MBC’s goals and strives to assist qualified healthcare professionals when they need us most.

Healthcare Licenses We Defend in California

At S J Harris Law, we’re proud to offer legal representation to a wide variety of healthcare professionals, including:

  • Acupuncturists
  • AMFT (Associate Marriage and Family Therapist (Intern)
  • ASW (Associate Social Worker)
  • Chiropractors
  • Dental Assistants
  • Dental Hygienists
  • Dentists
  • LCSWs. (licensed clinical social workers). WE HAVE SOCIAL WORKERS, LETS MAKE IT READ IN FULL
  • LMFTs. (licensed marriage and family therapists)
  • LPCC (Licensed Professional Clinical Counselor)
  • Nurses, including LVNs, RNs, and Nurse Practitioners
  • Occupational Therapists
  • Osteopathic Medical Doctors
  • Pharmacies
  • Pharmacist Technicians
  • Pharmacists
  • Physical Therapists 
  • Physical Therapy Assistants
  • Physician assistants
  • Physicians in all specialties
  • Psychologists – Board of Psychology
  • Radiology Technicians
  • Respiratory Care Therapists
  • Speech Language Pathologists
  • Social Workers
  • Ultrasound Technicians

Our legal team can help you at any stage of your career based on your needs. We’re happy to assist anyone hoping to acquire a medical license or uphold their reputation as a medical professional. Mr. Harris is also well-versed in helping professionals under investigation for various accusations of misconduct.

If you need assistance with anything medical-license-related, contact our firm. During your consultation, we’ll seek to better understand your situation and give you the best possible advice and guidance.

The Medical Board of California takes claims against medical licenses seriously. Because the Board strives to ensure patient safety, they have no qualms about opening an investigation against a medical professional to get answers.

The following are some of the most common reasons the MBC may investigate your professional license.

Accusations of Misconduct

Healthcare consumers may accuse a licensed professional of misconduct. Many actions could be considered unprofessional conduct, including:

  • Excessive prescribing of drugs or treatment
  • Sexual harassment, exploitation, or abuse
  • Altering records
  • Filing fraudulent insurance claims
  • Breach of confidence
  • Misleading advertising
  • Failure to provide a patient with their medical records
  • Patient abandonment

Disciplinary action for misconduct depends on the exact circumstances and severity of the situation.

It could involve a stayed revocation, a period of probation in which the Board defers revoking a professional’s license for a period while they fulfill certain requirements. For more serious cases, the Board could revoke the professional’s license.

Medical Billing or Coding Errors

Medical billing or coding errors often involve entering an incorrect code for a diagnosis or failing to pursue a proper course of treatment. These errors can then be billed to a patient or their insurance company, which essentially means that the professional’s office is asking for payment for services that were never rendered.

A medical billing or coding error could be — and usually is — an honest mistake. Nonetheless, the Medical Board of California takes these issues seriously.

The Board will investigate to ensure the incident is truly an error, not an intentional attempt to defraud patients or their insurers. Depending on their findings, medical billing and coding errors could result in the suspension or revocation of a professional license. 

Substance Abuse

Roughly 10%–15% of physicians develop substance abuse issues at some time during their careers. Unfortunately, due to the nature of healthcare occupations, the Medical Board of California takes swift and decisive action against professionals with substance abuse problems.

A healthcare worker can have their license suspended or revoked for substance abuse problems. However, the Business and Professions Code dictates that the MBC’s actions should aid in the rehabilitation of the licensee if at all possible.

Medical Malpractice or Negligence

Medical professionals owe their patients the highest duty of care. When they deviate from this duty, they could injure or endanger their patients. 

Medical malpractice occurs when a healthcare provider’s negligence causes harm to their patient. Actions or omissions could constitute negligence. 

Common situations that often result in medical malpractice include:

  • Failure to diagnose
  • Misdiagnosis
  • Surgical errors
  • Unnecessary surgical procedures
  • Failure to accurately interpret medical tests
  • Prescription errors, including mistakes with dosage and drug interactions
  • Failure to take down accurate patient health history

Because medical malpractice is a broad category, disciplinary action depends on the specific circumstances. A healthcare provider’s license could be at risk if there’s clear evidence of medical malpractice. 

How Does the Medical Board of California Respond to Claims or Accusations?

Notice of a licensee’s potential wrongdoing triggers the Medical Board’s enforcement activity, starting with a thorough investigation.

Should the MBC uncover evidence that proves you’ve violated the Medical Practice Act, and the violation calls for disciplinary action, the issue is forwarded to the Attorney General’s Office. If the Deputy Attorney General determines that there’s been a legal violation, they’ll file and serve a formal accusation.

If you receive an accusation, you have the right to dispute the allegations against you so long as you request a hearing within 15 days of receipt. If you fail to do so, the Board will consider you to have waived your right to a hearing, and they can proceed to take action against you as outlined in the accusation. 

Office of Administration Hearings are like court trials. You’ll have a chance to argue your case before an Administrative Judge and a Deputy Attorney General. During the hearing, the Deputy Attorney General must prove that you’ve committed the act you’re accused of by presenting clear and convincing evidence.

After the hearing, the Administrative Judge has 30 days to render their decision, which is then sent to a panel at the California Medical Review Board. The MBC panel makes the final determination and decides on disciplinary action. 

Why Is It Important to Involve a Defense Attorney Right Away?

If you’re facing trouble with your professional license, discuss your case with a healthcare license defense attorney immediately. The sooner you get an attorney working on your case, the better.

One of the most crucial parts of the process is the initial investigation. Your defense attorney can help ensure that there are no mistakes if the Board decides to proceed with an investigation, as any missteps could be detrimental to your case.

If you receive an accusation, your lawyer can submit a timely request for a hearing and represent your best interests in the ensuing legal proceedings.

When you hire a medical license defense attorney, you can feel confident knowing your case is in capable hands. Your lawyer will do everything in their power to secure the best possible outcome.

What Does the Healthcare License Investigation Process Look Like?

Not every claim or accusation necessitates an investigation. That said, it can be helpful to understand what to expect if the MBC does decide to investigate.

During their investigation, the Board may employ several methods to obtain the information needed to determine whether there’s any validity to the claim against you. A Medical Board investigation could include any of the following aspects:

  • Interviews of physicians, complainants, or witnesses
  • Reviews of official documents, including medical and billing records
  • An examination of the location of the alleged act
  • Search warrants
  • Undercover sting operations

The Board’s investigation may take considerable time to complete, depending on the severity of the accusations and the methods used. 

What Happens if Your Healthcare License Is Suspended or Revoked

When a professional has their medical license suspended, it means they can’t legally practice for a certain amount of time. When they have their license revoked, it means they’re no longer allowed to practice at all.

Fortunately, you can petition the Board for reinstatement, whether your license is suspended or revoked.

Depending on the actions that resulted in suspension or revocation, you may need to wait a specific number of years before petitioning for reinstatement. You must also demonstrate to the Board why your medical license should be reinstated by showing that you’ve been rehabilitated and maintained your training and knowledge.

While it can be challenging, reinstatement is possible with the help of a qualified license defense attorney.

How We Help

Matters involving professional licenses can be stressful and overwhelming. As such, it’s best to have a skilled attorney on your side.

Whether getting or maintaining a license, facing an investigation, or attempting to reinstate your license, S J Harris Law has the tools and resources to construct a strong healthcare license defense. We can guide you through the various requirements and give you the peace of mind you deserve.

Protect and Safeguard Your License by Consulting a Healthcare License Defense Attorney

S J Harris Law has been representing licensed healthcare professionals for years. Mr. Harris is dedicated to helping his clients protect their reputations and continue doing the work they love. Cases dealing with physician license boards can be tricky, but S J Harris Law never backs down from a challenge. Contact us today to schedule your consultation and learn more about how our firm can help you.

sjharris footer logo

When dealing with these complex issues, you need legal representation that has a long track record of success in these types of cases. Scott Harris and the rest of our team at S J Harris Law will be ready to help you pursue any option available that allows you to keep your license and continue working, no matter what industry you are in.

ATTORNEY ADVERTISEMENT

© 2024 by S J Harris Law. All Rights Reserved. | Disclaimer | Sitemap | Privacy Policy | Designed by Get Visible

Get a Free 30-Minute Consultation