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The Medical Board of California License Defense Lawyers

 

Medical Board of California License Defense Lawyers

Dealing with a complaint or investigation from the Medical Board of California can be an incredibly stressful and frightening experience for physicians. Your medical license and career are on the line. Where do you turn for help? Who do you trust to guide you through this process and protect your reputation and ability to practice medicine?

That’s where an experienced California medical license defense attorney can make all the difference. Having the right legal counsel on your side gives you the best chance of resolving the complaint favorably and avoiding discipline on your license.

What Does the Medical Board of California Do?

The Medical Board of California (MBC) is responsible for licensing and regulating physicians in the state. This includes:

  • Issuing medical licenses
  • Investigating complaints and reports of misconduct
  • Disciplining licensees through probation, suspension, or revocation
  • Monitoring physicians on probation

In fiscal year 2020, the MBC received 10,868 complaints and opened 1,956 investigations. The most common allegations included:

  • Negligence, incompetence
  • Drug or alcohol abuse
  • Sexual misconduct, boundary violations
  • Prescribing issues
  • Failure to refer or consult
  • Poor medical record keeping
  • Unprofessional conduct

As you can see, the MBC takes its role in public protection very seriously. Any complaint is a big deal that requires experienced legal representation.

Stages of the Disciplinary Process

If you receive a complaint from the MBC, here are the general stages you can expect in the disciplinary process:

  1. Complaint – The MBC receives a complaint or report about a physician.
  2. Investigation – The MBC investigates the allegations through interviews, subpoenas, expert reviews.
  3. Accusation – If there is sufficient evidence, the MBC files a formal accusation against the physician’s license.
  4. Settlement – Many cases settle through a stipulated agreement at this stage.
  5. Administrative Hearing – If no settlement, an administrative law judge hears the case.
  6. Proposed Decision – The judge issues a recommended decision.
  7. Final Decision – The MBC reviews and makes a final decision on discipline.
  8. Appeal – The physician can appeal the decision to the state court system.

This entire process can take anywhere from several months to a year or longer. Throughout the proceedings, the physician faces restrictions on their license and the threat of losing their livelihood altogether.

Why You Need an Attorney From the Start

Some physicians think they can handle the early stages of an investigation themselves. This is a mistake. Retaining legal counsel from the very beginning offers important benefits:

  • We can conduct a pre-investigation analysis to get out ahead of the allegations.
  • We engage with the MBC early and gain control of the narrative.
  • We advise you on interacting with investigators to avoid missteps.
  • We identify weaknesses in the complaint and build your defense strategy.
  • We negotiate aggressively to reach a favorable settlement where appropriate.

When your reputation and ability to practice are put at risk, there is no substitute for experience and knowledge of the system and tactics you are facing. Chudnovsky Law attorneys Robert Weinberg, Melissa DuChene, and Suzanne Crouts have over 50 years experience representing physicians in California Medical Board license defense, federal, DEA and state criminal defense matters.

How an Attorney Defends Your License

Effective medical license defense requires meticulous attention to detail. This is what you can expect from your attorney:

  • Carefully review the letter of complaint and request additional information from the MBC.
  • Advise you regarding communications with the MBC and prepare you for any interviews.
  • Thoroughly investigate the allegations, review relevant records and documents.
  • Retain independent expert witnesses to review the case and support your defense.
  • Aggressively defend you before the MBC and negotiate for the best possible outcome.
  • Present your defense at an administrative hearing if a settlement cannot be reached.
  • File appeals to challenge any adverse decisions against your license.

An experienced California medical license defense lawyer will fight to protect your reputation and preserve your ability to practice medicine. We help many physicians reach favorable outcomes that avoid discipline altogether or minimize the impact on their licenses.

Contact a California Medical License Defense Attorney Today

Dealing with the Medical Board of California can be overwhelming. Don’t go it alone. The experienced medical license defense attorneys at Chudnovsky Law are here to help. We represent physicians statewide against MBC complaints and allegations. For a free case review, call 800-547-9851 or contact us online today.

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