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Optometry Board License Defense Lawyers
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Optometry Board License Defense Lawyers
Getting a complaint from your state optometry board can be really scary and overwhelming. But don’t panic! There are experienced lawyers who can help defend your license.
I’m gonna walk you through some key things to know if you’re facing discipline from your licensing board. This stuff can get complicated real fast, so I’ll try to break it down nice and simple.
Common Reasons for Discipline
There are a few main reasons an optometrist might get disciplined by their board:
- Negligence or malpractice
- Improper prescribing of drugs
- Unprofessional conduct
- Fraud, like insurance fraud
- Criminal convictions
- Substance abuse
So those are some big ones to be aware of. Lots of complaints come from patients who feel an optometrist did something wrong. The board will investigate the complaint and decide if discipline is warranted.
Disciplinary Actions
If the board concludes discipline is needed, here are some possible actions they can take:
- Reprimand or censure – This is basically an official warning.
- Probation – The license is placed on probation with conditions.
- Limiting the license – The board limits what you can do with your license.
- Suspension – Your license is temporarily suspended.
- Revocation – This is the worst, your license is permanently revoked.
As you can see, the penalties range from a slap on the wrist to losing your license altogether. That’s why you need an experienced lawyer on your side.
The Disciplinary Process
If a complaint is filed against you, here are some key steps in the disciplinary process:
- The board notifies you of the complaint and starts an investigation.
- You respond and present your side of the story.
- The board decides if discipline is warranted and what action to take.
- There may be settlement negotiations to resolve the case.
- If no settlement, there will be a formal hearing.
- After the hearing, the board issues a decision.
- You can appeal the decision to the courts.
Having a lawyer will help at every stage. They can respond to the complaint, negotiate settlements, represent you at hearings, and handle appeals if needed. Don’t try to navigate this alone!
Common Defenses
There are a number of defenses that your lawyer may use to fight the discipline. Some examples:
- Lack of evidence – The board has the burden of proving their case. If evidence is weak, highlight that.
- No negligence – Argue you met the standard of care and did nothing negligent.
- Mitigating factors – Explain any circumstances that show the conduct wasn’t as bad.
- Improper procedure – If the board didn’t follow proper procedures, point that out.
- Disproportionality – Argue the discipline is too harsh for the conduct.
An experienced lawyer will know how to craft the best defense strategy for your specific situation.
Settlement Agreements
Many disciplinary cases end up settling through negotiation between the lawyer and board. This avoids a messy hearing. Typical settlements include:
- Agreeing to probation or limits on your license.
- Paying a fine.
- Completing continuing education.
- Being monitored or supervised for a period of time.
- Admitting minor misconduct.
Settlements allow closure while avoiding the worst outcomes. Your lawyer will try to get the best deal possible.
How Lawyers Defend Your License
A skilled optometry board defense lawyer will protect your license and livelihood in many ways:
- Investigate the complaint allegations and build your defense.
- Negotiate with the board for a favorable settlement.
- Represent you through every stage of the disciplinary process.
- Argue to get charges minimized or dismissed.
- Present evidence and witnesses that support your case.
- Cross-examine the board’s witnesses to discredit them.
- Cite regulations and laws that help your position.
- Advocate for the least damaging outcome possible.
- Handle appeals if the initial decision goes against you.
Having an optometry license defense lawyer levels the playing field against the board and protects your interests.
Tips for Finding the Right Lawyer
Not all lawyers are equally equipped to handle optometry board cases. Here are some tips for finding the best one:
- Look for extensive experience specifically with optometry boards.
- Find someone familiar with the laws and regulations in your jurisdiction.
- Ask about the lawyer’s track record defending optometrists.
- Meet with them to discuss your situation and strategy.
- Make sure you feel comfortable with their approach.
- Compare costs, but don’t let it be the deciding factor.
Don’t take chances with your career – do your homework to get the best optometry license defense lawyer you can!
The Bottom Line
Dealing with your licensing board can be intimidating. But with an experienced lawyer guiding you, the process doesn’t have to be scary. They know how to put up the best defense for your license and livelihood.
If you get a complaint, take action quickly. Respond to the board and start consulting with attorneys. The sooner you get help, the better your chances of a favorable outcome. And be completely open with your lawyer – they need to know everything to build your defense.
With the right legal advice and advocacy, you can get through this difficult situation. So take a deep breath, follow the tips above, and let a pro handle the board for you. It’ll be okay!
References
[1] Optometry Professional License Defense Attorney – The Legal Guardian
[2] Solving a Complaint Against Your Optometrist License – Bertolino LLP
[3] State Board Discipline Defense – Craig S Steinberg, OD, JD
[4] Opticianry and Optometry License Defense – Strom Law Firm
[5] Indiana Optometry License Defense Lawyer – Keffer Hirschauer LLP
[6] Licensing Issues for Optometrists – Gimbel, Reilly, Guerin & Brown, LLP