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Criminal Defense for Philadelphia Healthcare Professionals

March 21, 2024 Uncategorized

Defending Healthcare Professionals Against Criminal Charges

Healthcare professionals in Philadelphia face immense pressure and responsibilities in their work. As in any high-stakes profession, mistakes can happen. And sometimes, those mistakes lead to criminal charges.

If you’re a doctor, nurse, pharmacist or other medical professional facing criminal allegations in Philadelphia, don’t panic. You have rights. And an experienced criminal defense attorney can protect them.

This article breaks down key things Philadelphia healthcare professionals should know if accused of a crime on the job.

Common Criminal Charges Doctors and Nurses Face

A range of criminal offenses may apply when licensed professionals make errors or lapses in patient care. Charges often allege some form of negligence, misconduct or fraud.

For doctors and nurses, common allegations include:

  • Manslaughter – If a patient dies due to alleged medical negligence. Prosecutors must prove recklessness or gross negligence caused the death.
  • Assault – For instances of unwanted medical treatment or medication errors that harm a patient.
  • Sexual assault – Improper sexual contact between a practitioner and patient.
  • Drug diversion – When a medical professional steals prescription medications.
  • Insurance/Medicare fraud – Overbilling, fake claims, kickbacks.
  • Violating privacy laws – Sharing patient medical records without consent.

Pharmacists also face drug diversion charges for pharmacy thefts. And administrators or practice owners may face fraud accusations around billing, coding and referrals.

Prosecuting Medical Errors as Crimes

Not all medical errors warrant criminal charges. But over recent decades, more patient harm incidents have led to arrests and convictions.

Some factors make criminal allegations more likely, including:

  • Patient death or severe injury
  • Intentional misconduct
  • Systemic, repeated negligence
  • Financial motives
  • Previous complaints/disciplinary issues

The line between civil malpractice and criminal liability remains blurry. Well-meaning doctors and nurses can easily face manslaughter charges after a patient dies.

And prosecutors increasingly treat healthcare fraud as they would street crimes – pursuing criminal convictions and prison time.

Defending Philadelphia Healthcare Professionals

The government holds licensed medical practitioners to high standards. When errors occur, administrative sanctions, civil lawsuits and criminal charges may quickly follow.

To face these consequences, doctors, nurses and other healthcare workers need an advocate in their corner.

An experienced Philadelphia criminal defense lawyer understands both healthcare operations and criminal law. They know how to challenge unreasonable charges and negotiate better outcomes for clients.

Specific defenses in healthcare professional cases may include:

  • Contesting causation – For injury or death cases, arguing that alleged negligence did not directly cause the harm.
  • Questioning intent – When fraud or diversion is charged, proving the client acted in good faith without criminal purpose.
  • Highlighting systemic issues – Explaining how staffing shortages, outdated technology/policies or productivity pressures contributed to errors.
  • Getting charges lowered – Negotiating plea deals to less serious charges like reckless endangerment to avoid prison time.
  • Asserting due process issues – Challenging how an investigation was conducted, like Miranda violations during questioning.

A solid criminal defense strategy combines legal arguments with humanizing the client. The attorney must show that the doctor, nurse or pharmacist is an ethical professional who made mistakes but does not deserve harsh punishment.

This nuanced advocacy requires lawyers highly experienced with both the intricacies of healthcare and defending criminal allegations.

Impact of Criminal Convictions

For medical practitioners, criminal convictions carry devastating professional penalties. Their livelihoods depend on state-issued licenses.

A felony or serious misdemeanor conviction, or even pending criminal charges, can prompt emergency license suspension. Eventually, a conviction likely leads to full revocation of medical licensure and the ability to work in healthcare.

Even a short license suspension disrupts client relationships and practice stability. And revoked licenses essentially end medical careers.

That’s why fighting criminal allegations vigorously from the start remains so important. Avoiding a conviction, or plea bargaining to a lesser offense, helps mitigate fallout.

Some states offer alternatives like deferred adjudication programs. These allow defendants to get charges dismissed after completing probation and other requirements.

An experienced lawyer guides clients through all options specific to their charges and situation. Their advocacy before, during and after criminal allegations makes all the difference.

Takeaways for Philadelphia Healthcare Professionals

Mistakes under intense job demands can put well-meaning medical practitioners on the wrong side of the law. Criminal convictions upend both professional and personal lives.

If you’re a Philadelphia healthcare worker facing criminal charges, know that help exists:

  • Stay calm and don’t answer questions without an attorney
  • Hire an experienced criminal defense lawyer quickly
  • Follow their guidance to avoid self-incrimination
  • Challenge unreasonable charges
  • Keep your license if possible

With an attorney as your guide, advocate and counselor, you can emerge intact. Healthcare professionals save lives daily. When needed, let a trusted lawyer return the favor.

 

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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