FREE CONSULTATIONS & WE'RE AVAILABLE 24/7

Rated 5 Stars By Yelp and Lawyer Ranking Services

Over 50 Years of Criminal Defense Legal Experience

Numerous Office Locations in USA

Todd Spodek - Nationally Recognized Criminal Attorney

Healthcare Defense Administrative Complaints Hearings Lawyers

Medical professionals, as a group of regulated practitioner nationwide, are some of the most regulated in the country. Among the things most feared by physicians and other healthcare practitioners include Medicare audits, qui tam lawsuit, an IRS tax dispute, a malpractice accusation among others. Another thing that can send chills down the spines of many doctors is an administrative complaint from the state’s Board of Medicine.

What is an Administrative Complaint?

An administrative complaint is a complaint informing a doctor that their business might have gone against the legal standard care, code of ethics, public health code, or any other federal or state provisions relating their operations.

Who Can File Administrative Complaints

A state has a right to send an administrative complaint to any medical practitioner on behalf of his or her licensing board. For instance, if it is a pharmacist, the state will file on behalf of the pharmacy board or on behalf of the Nursing Board if it is a nurse.

Immediate Actions Required When Receiving an Administrative Complaint

In case you are mentioned in an administrative complaint, you should not take the matter lightly but instead quickly move a strategic defense posture in order to protect your medical license, business reputation, and career.

An experienced lawyer can be of great help in this case. There several law firms that specialize in representing physicians, pharmacists, nurses, and other medical professionals all over the country.

Indeed it can be dreadful to wake up one morning and open a mail only to meet with an administrative complaint inside.

However, you should know that this is not the end of life. An experienced lawyer will know how to approach the case and most likely get you out of trouble.

Critical Steps After Receiving an Administrative Complaint

If you are a doctor or medical professional and recently received an administrative complaint, it is important to understand that the steps you take from their matter a lot.

1. Stay Calm but Determined

Your attitude and mental preparedness are vital during this period. The problem is that most medical professionals immediately enter into panic mode, others try to delay their responses while some choose to completely ignore the notification.

It’s dangerous to assume that your situation is minor or self-explanatory. You need to take the administrative complaint proactively and make the hearing process your number one priority. This is the first step towards protecting your medical license.

2. Call a Medical License Law Firm

Most law firms have experienced lawyers in the medical field who will be able to assist you in filing an appropriate to the administrative complaint. It is best to stick by the requirements and avoid giving out more information than necessary.

Remember that whatever you say might come to haunt your business later. It is good to allow an experienced attorney to guide you in every step of the response to avoid risking your license and business.

3. Ensure That Your Response is Filed Within the Stipulated Time

It is important to file a response earlier or on the day indicated on the administrative complaint document. Failing to do saw may waive your right of being heard or defending yourself.

The medical or professional board may decide to simply revoke your license without getting your side of the story.

4. Ask for an Opportunity to be Heard

All medical professionals who receive administrative complaints have a right to be heard. However, you can only get that chance after responding to the administrative complaint.

The hearing is your golden opportunity to rebuttal the allegations leveled against you and set the record straight. Ensure that you have furnished your lawyer with all relevant facts regarding the administrative complaint.

Common Causes of Administrative Complaints

Below are things that commonly lead to administrative complaints:

  • Drug diversion
  • Failing a drug test
  • Healthcare fraud
  • Substance abuse
  • Medical malpractice
  • Sexual harassment
  • Medical negligence
  • Criminal prosecution

Understanding the Administrative Hearing Process

Your Rights During the Process

The administrative hearing process is similar to being in court for a trial. However, an administrative hearing involves disputes under the authority of governmental agencies.

You have the right to:

  • Be represented by legal counsel
  • Present evidence and witnesses
  • Cross-examine witnesses against you
  • Make opening and closing statements
  • Submit written briefs after the hearing

Potential Outcomes of Administrative Hearings

Is it possible to lose a medical license after requesting a medical hearing?

The outcome of the case will largely be determined by the circumstances and facts involving your administrative complaint.

The Board may impose various sanctions including:

  • Administrative citations and fines
  • Probation with conditions
  • Practice restrictions
  • Remedial education requirements
  • License suspension
  • License revocation

However, having a good defense team to represent you at the board will increase the chances of the allegation being dismissed.

Request Free Consultation

Testimonials

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

Call Now Button