California Medical License Defense Attorney

If your license is on the line due to an investigation, disciplinary action or criminal charge, be very careful. Licensing actions risk your career and everything you’ve worked for.

It is key to protect yourself and hire a California medical license defense attorney asap. All cases can potentially be won no matter how they appear on the surface.

Everyone can make a mistake, but for California doctors a mistake or even an accusation of a mistake can jeopardize your license. Simply being accused of an ethics violation, medical malpractice, criminal charge or substance abuse issue can trigger disciplinary actions that ruin your reputation and career.

If you have been contacted by the Medical Board, DEA or are facing a criminal charge, DUI or disciplinary action, our doctor license defense attorney can immediately help.

Ex-Prosecutor skilled in Medical License, State & Federal defense

Our former Government Prosecutor has successfully handled 1,000's of licensing, criminal, DUI, Medicare fraud, DEA and Federal criminal defense cases.

We understand how the Medical Board operates, how disciplinary investigations are handled and the complete process of statement of issues and administrative hearings. We are uniquely qualified in the complex intersection of licensing and criminal/DUI law.

You take care of patients – Now let us protect you

We understand the pressure you are dealing with and are 100% focused on protecting you, your reputation and your practice. We do not judge, we are only here to help.

You can count on our proven medical license defense attorney to skillfully defend you and help minimize exposure to license suspensions, revocations or convictions.

CALL 949.750.2500

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Medical Board of California License Defense Attorney

 

California has become the first state to require patients sign disclosures if their doctor faces a probationary discipline action beginning July 1, 2019.

This is in addition to a new Medical Board of California iOS app announced July 2018 for consumers that pushes out alerts to consumers whenever their physician has received a complaint or license disciplinary action.

These progressive patient’s rights initiatives from the Medical Board of California (MBC) and legislators increase the reputation risk and consequences for disciplined doctors.

Medical Practice Act defense lawyer in Orange County

We have a wealth of experience representing physicians and surgeons from our office in Orange County, CA. You can depend on us to skillfully defend you and help you minimize exposure to sanctions or other CA Medical Board disciplinary actions.

Medical Criminal Defense Lawyer

Many of our cases involve medical professionals whose licenses are at risk due to substance abuse, arrests, convictions, insurance fraud or DUI medical license issues.

Our seasoned former government prosecutor is adept at navigating the complex intersection of California criminal, licensing and Federal criminal law.

Medicare Fraud Defense Lawyer

Medicare fraud cases can encompass False Claims Act, anti-kickback, Stark Law and health care fraud statutes. Our team defends healthcare providers experiencing Medicare fraud investigations or charges by the Medicare fraud control unit.

DEA Defense Lawyer for Doctors

Our DEA defense attorney represents DEA registrants with criminal and disciplinary actions initiated by DEA diversion investigators for alleged violations of DEA license regulations including the Controlled Substances Act.

Medi-Cal Fraud Attorney

Healthcare providers facing Medicaid investigations and audits can be subject to Medicaid fraud penalties including criminal charges, license actions and financial penalties.

Our California Medicaid fraud attorney represents healthcare providers with Medicaid fraud investigator audits – often initiated in response to a complaint received from a patient, whistleblower or Medicaid plan.

Don't let a mistake ruin your career.  Call to learn your legal options.

 

 
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Top Medical Defense

Call 949 750-2500 for Help

Our experienced, discrete attorneys know how to protect your license, your reputation and your career. We represent Los Angeles and all California physicians from our office in Newport Beach.

 

Licensing Consultation and Analysis

If you would like to book a 1 hour legal analysis and advice session on your licensing case, please visit the page below.


 

New “Patient’s Right to Know Act” Disclosure Effective 7/1/19

California’s new Patient’s Right to Know Act of 2018 (SB1448) is a first-in-the-nation law protecting patients’ right to know when their doctor is disciplined for misconduct.

Beginning July 1, 2019, disciplined doctors are required to obtain patient signatures on a disclosure of the following before their next patient appointment:

  1. The doctor’s probation status.

  2. The length of the probation and it’s end date.

  3. All practice restrictions placed on the licensee by MBC.

  4. An explanation of how the patient can find further information about the licensee’s probation on the licensee’s MBC website profile page.

MBC will also make enhanced disclosures on the licensee’s MBC website profile page

California Medical Board Disciplinary Actions

Many physicians assume the Medical Board is on their side. Unfortunately this is not true. The MBC takes misconduct allegations seriously and they quickly file California Medical Board disciplinary actions against physicians and surgeons for misconduct.

It is critical to consult a lawyer experienced in handling physician medical board license defense to help avoid the many risks inherent in investigation and disciplinary proceedings.

Medical Board statistics show complaints are rising

Medical Board of California statistics show during 2009-2017 complaints and investigations of Physicians & Surgeons surged 49% from 6,437 to 9,619.

Complaints of gross negligence and unprofessional conduct were by far the most prevalent with the public. During fiscal year 2016-2017:

  • 9,619 total complaints were filed

  • 6,161 (64%) of the total complaints were filed by the public

  • 4,746 gross negligence/incompetence complaints filed

  • 2,331 unprofessional conduct complaints filed

  • 640 insurer and attorney reports of malpractice filed

  • 379 unlicensed/unregistered complaints filed

  • 161 fraud complaints filed

  • 425 cases referred by investigators to the Attorney General

  • 43 cases referred for criminal action

Physician Complaints Received

Physician complaints received by the Medical Board of California from 2007 to 2017
 

Complaints Received by Type, 2017

Number of complaints to Medical Board of California by type during fiscal year 2017
 

CA Medical Board Disciplinary Actions & Options

The Medical Board of California implements a wide range of disciplinary actions depending on the circumstances.

The Medical Board of California Manual of Model Disciplinary Orders and Disciplinary Guidelines defines the types of orders that may be implemented and the recommended range of penalties for violations.

MBC model disciplinary orders & optional conditions that may be ordered include:

  1. Revocation - Single Cause

  2. Revocation - Multiple Causes

  3. Standard Stay Order

  4. Actual Suspension

  5. Controlled Substances - Total Restriction

  6. Controlled Substances - Surrender of DEA Permit

  7. Controlled Substances - Partial Restriction

  8. Controlled Substances - Maintain Records and Access To Records & Inventories

  9. Controlled Substances - Abstain From Use

  10. Alcohol - Abstain From Use

  11. Biological Fluid Testing

  12. Community Service - Free Services

  13. Education Course

  14. Prescribing Practices Course

  15. Medical Record Keeping Course

  16. Professionalism Program (Ethics Course)

  17. Professional Boundaries Program

  18. Clinical Competence Assessment Program

  19. Written Examination

  20. Psychiatric Evaluation

  21. Psychotherapy

  22. Medical Evaluation and Treatment

  23. Monitoring - Practice/Billing

  24. Solo Practice Prohibition

  25. Third Party Chaperone

  26. Prohibited Practice

Physician Criminal Reporting Requirement

California Business and Professions Code §802.1 requires physicians to file a report to the Medical Board if (1) criminally charged with a felony, or (2) convicted of a felony or misdemeanor. Health facilities and peers have reporting requirements under §805.

Physician Substance Abuse

Many of our cases involve physicians whose licenses are at risk due to drug or alcohol substance abuse. A Mayo Clinic research report found that 10-12% of physicians develop a substance abuse disorder during their careers. They cite several contributing factors including work stress and a ready access to drugs.

If a physician is alleged to have a substance abuse issue, our medical practice act defense attorneys will carefully review the unique facts of each situation to determine the best defense strategy.

Resources

Last updated 1.1.19

 

Disclaimer

This information does not constitute legal advice and is not a substitute for individual case consultation and research. No representations are made as to the accuracy of this information and appropriate legal counsel should be consulted before taking any actions.  Contact us for a free consultation regarding your specific case and facts.


 

Call 949 750-2500 for Help

Our experienced, discrete attorneys know how to protect your license, your reputation and your career. We represent Los Angeles and all California physicians from our office in Newport Beach.

 

 

CHUDNOVSKY LAW
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660
(949) 750-2500
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