Podiatrist Board License Defense Lawyers

Podiatrist Board License Defense Lawyers

Dealing with a podiatrist board investigation can be stressful and frightening, but a good defense lawyer can help. I wanted to write this article to explain the process and give some advice if you’re facing discipline from the licensing board.

The Investigation Process

If a complaint gets filed against you with the board, they’ll open an investigation. This starts with a letter saying you’re under investigation and requesting a response. I know it’s scary to get a letter like that, but don’t panic! An investigation doesn’t mean your license is in jeopardy yet.

The board will look at the complaint, your response, and any other evidence. If they feel it’s a minor issue, they may just send you a warning letter. For more serious cases, they’ll hold a hearing to decide if discipline is needed.

Common Reasons for Discipline

Some common reasons podiatrists get disciplined include:

• Negligence – Making mistakes in patient care.
• Inappropriate behavior – Anything from sexual misconduct to rude comments.
• Substance abuse – Using drugs or alcohol in unsafe ways.
• Fraud – False billing, lying about credentials, etc.
• Criminal conviction – Committing a crime that’s substantially related to the practice of podiatry.

But there are many other reasons as well. The board looks at each case individually.

Possible Disciplinary Actions

If the board determines discipline is warranted after a hearing, here are some possible outcomes:

• Probation – Allowed to keep practicing under monitoring for a set time.
• Suspension – License temporarily revoked for a set time, like 6 months or a year.
• Limitation – Allowed to keep practicing but with certain restrictions, like no surgery.
• Revocation – License permanently revoked.

They also often require additional education or ethics training. Fines may be imposed too. It depends on the severity of the case.

The Role of a Defense Lawyer

A knowledgeable defense lawyer can help at every stage of this process. During the investigation, they can respond to the board on your behalf and present evidence in the best light. This may lead to charges being dropped if the board feels there isn’t enough of a case.

If it does go to a hearing, your lawyer can defend you and try to get the lightest discipline possible. In some cases, they can even get the charges dismissed entirely. A good lawyer knows how to negotiate with the board effectively.

It’s important to get an attorney who specializes in podiatrist board defense specifically. Don’t just use a general practice lawyer. You want someone very familiar with the podiatry regulations and board processes.

Building Your Defense Strategy

Your lawyer will start by thoroughly reviewing your case and looking for any weaknesses in the board’s position. For example, if the standard of care allegation stems from one expert the board hired, your attorney may look to find another expert who disagrees.

They’ll also advise you on putting together evidence to explain your side of the story. This may include gathering records, asking colleagues for statements in your defense, or finding witnesses who can testify on your behalf.

In some cases, your lawyer may recommend getting an evaluation, like for possible substance abuse issues. Showing you recognized a problem and took steps to address it can help mitigate discipline.

Negotiating a Settlement

Many board complaints end up settling through negotiations between your lawyer and the board’s representatives. This avoids a hearing and gives you more control over the outcome.

In a settlement agreement, the board may agree to reduce charges or recommend lighter discipline in exchange for concessions like probation terms or additional education. There is room for creative solutions that allow you to continue practicing.

Your lawyer’s experience with negotiating board settlements will be crucial in getting the best deal possible. An attorney who regularly handles these cases will have insight into what agreements the board is likely to accept.

Preparing for a Hearing

If a settlement can’t be reached, your case will go to a hearing in front of an Administrative Law Judge. Your lawyer will represent you and call witnesses to support your side of the story.

They will also cross-examine the board’s witnesses to point out inconsistencies or flaws in their testimony. Prior to the hearing, they will work with you to prepare testimony and practice answering tough questions.

During the hearing itself, your lawyer will make objections to improper evidence or questioning. They will also present legal arguments as to why charges should be dismissed or discipline not imposed.

Appealing the Decision

If the outcome after a hearing is suspension or revocation of your license, your lawyer can file an appeal. They will argue the decision was incorrect legally, factually, or procedurally.

The appeal goes to the licensing board first. If still unsuccessful there, your lawyer can take it to the courts. While appeals rarely lead to decisions being overturned completely, discipline is sometimes reduced.

Tips for the Investigation Process

Here are some tips if you find yourself under board investigation:

• Don’t ignore inquiry letters. Respond promptly and professionally.
• Be cooperative with investigators without admitting fault.
• Start gathering and organizing any records that may be relevant.
• Don’t post about it on social media while the investigation is ongoing.
• Consult with a defense lawyer early for guidance on responding.
• Follow your lawyer’s advice about releasing records or providing statements.

The investigation process can be lengthy, often taking 6 months to over a year. This period of uncertainty can be very stressful. Having an experienced lawyer in your corner can provide reassurance and help things go as smoothly as possible.

How to Find the Right Lawyer

When looking for a lawyer, here are some tips:

• Find someone who specializes specifically in podiatrist license defense – this is a niche area.
• Look for lots of experience handling board investigations and hearings.
• Ask about their track record of getting charges reduced or dismissed.
• Make sure they have expertise with podiatry regulations and standard of care issues.
• Find someone you’re comfortable with and who will respond promptly to you.
• Consider lawyers recommended by colleagues who’ve faced board inquiries.

Don’t just go with the cheapest lawyer you can find. This is too important for bargain hunting. Be willing to pay for quality representation – it’s an investment in your career.

The Value of Legal Defense

Some podiatrists choose to represent themselves before the board to save money on attorney fees. This is almost always a mistake. The laws and procedures are complex, and most people can’t effectively defend themselves.

A knowledgeable lawyer is invaluable in navigating this process and achieving the best possible outcome. Their skills can literally make or break your professional future.

Yes, legal defense costs money, but not nearly as much as losing your license or having your career derailed by serious discipline. Think of it as an insurance policy protecting everything you’ve worked for.

If you find yourself facing a board complaint, get a qualified lawyer on your side right away. With an experienced defense attorney representing you, you have the very best chance of preserving your practice and livelihood.