California Medical License Defense Attorney

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

It is key to protect yourself and consult a California medical license defense attorney early on. All cases can potentially be won no matter how they appear at first.

Everyone can make a mistake, but for California doctors or nurses a mistake or even an accusation can jeopardize your license. Simply being accused of an ethics violation, medical malpractice, criminal charge or substance abuse can trigger disciplinary action.

California’s new patient disclosure law can ruin your reputation and practice. If you have been contacted by the Medical Board or DEA, or are facing a criminal or DUI charge, our doctor license defense attorney can immediately help you.

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

Our former Government Prosecutor has successfully handled 1,000's of medical license, 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 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.

If you want the best possible outcome, give us a call. You can rely on our proven medical license defense attorney to skillfully defend you and fight to minimize exposure to license suspensions, revocations or convictions.

▸ Call 949.750.2500

Get Expert Help and Advice.
We represent doctors throughout California from our Orange County office.


 
Doctor license attorney Los Angeles for all California Medical license matters. Our Medical doctor defense attorney represents physicians throughout Los Angeles, Orange County, Riverside County, San Bernardino County, San Diego County, Riverside County and all of California.
 

Medical Board of California License Defense Attorney

 

California is enacting a new misconduct disclosure law for doctors. This first in the nation “Patient’s Right to Know Act” requires all 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 license alerts to consumers whenever their physician has received a license disciplinary action or change in license status.

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

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

Medical Criminal Defense Lawyer

Many of our professional license defense cases involve healing arts licensees 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 California physician license defense attorneys know how to protect you and your career. We defend doctors in Los Angeles, Orange County and throughout California 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” 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

What Types of Doctors are Subject to the New Disclosure Rules?

The Patient’s Right to Know Act applies to all California healing arts licensees, including those licensed by:

  • Medical Board of California

  • California Board of Podiatric Medicine

  • Osteopathic Medical Board of California

  • Naturopathic Medicine Committee

  • State Board of Chiropractic Examiners

  • Acupuncture Board

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 California physician 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 2009-2018 complaints and investigations of Physicians & Surgeons surged 69% from 6,437 to 10,888 per year.

Complaints of gross negligence and unprofessional conduct were by far the most prevalent with the public. During fiscal year 2017-2018:

  • 10,388 total complaints were filed

  • 6,632 (64%) of the total complaints were filed by the public

  • 4,956 gross negligence/incompetence complaints filed

  • 2,885 unprofessional conduct complaints filed

  • 539 insurer and attorney reports of malpractice filed

  • 421 unlicensed/unregistered complaints filed

  • 156 fraud complaints filed

  • 504 cases referred by investigators to the Attorney General

  • 36 cases referred for criminal action

Physician complaints received

Physician complaints received by the Medical Board of California from 2007 to 2018
 

Complaints received by type, 2018

Number of complaints to Medical Board of California by type during fiscal year 2018

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.

Medical malpractice settlements in 2017-2018

The Medical Board of California 2017-2018 Annual Report disclosed that MBC received 527 malpractice settlement reports in fiscal year 2017-2018 per Business and Professions Code §801.1. This regulation requires doctors disclose all malpractice settlements over $30,000.

The practice specialty areas with the most malpractice settlements were: Anesthesiology, Emergency Medicine, General/Family Practice, Gynecology, Internal Medicine, Obstetrics, Orthopedic Surgery, Plastic Surgery, Radiology, and Surgery.

The number of malpractice settlements in excess of $30,000 reported in FY 2017-2018 by practice specialty area were:

  • Allergy and Immunology: 1 settlement

  • Anesthesiology: 22 settlements

  • Cardiology: 17 settlements

  • Critical Care: 2 settlements

  • Dermatology: 4 settlements

  • Emergency Medicine: 38 settlements

  • Endocrinology: 1 settlement

  • Gastroenterology: 5 settlements

  • General/Family Practice: 47 settlements

  • Gynecology: 27 settlements

  • Hematology: 4 settlements

  • Infectious Disease: 2 settlements

  • Internal Medicine: 48 settlements

  • Neonatal/Perinatal: 7 settlements

  • Nephrology: 3 settlements

  • Neurological Surgery: 17 settlements

  • Neurology: 8 settlements

  • Obstetrics: 50 settlements

  • Opthalmology: 9 settlements

  • Orthopedic Surgery: 36 settlements

  • Otolaryngology: 9 settlements

  • Pain Medicine: 5 settlements

  • Pathology: 9 settlements

  • Pediatrics: 11 settlements

  • Physical Medicine and Rehabilitation: 2 settlements

  • Plastic Surgery: 24 settlements

  • Psychiatry: 4 settlements

  • Pulmonology: 3 settlements

  • Radiology: 44 settlements

  • Rheumatology: 1 settlement

  • Sports Medicine: 1 settlement

  • Surgery: 38 settlements

  • Thoracic Surgery: 9 settlements

  • Urology: 14 settlements

  • Vascular Surgery: 5 settlements

  • TOTAL: 527 settlements in California

Resources

 

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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Service Area:

We represent healing arts licensees throughout California from our Orange County office, including:

Los Angeles County: Alhambra, Beverly Hills, Brentwood, Buena Park, Burbank, Culver City, El Segundo, Encino, Glendale, Hollywood, Huntington Park, Long Beach, Los Angeles, Malibu, Manhattan Beach, Pasadena, Pomona, San Fernando, Santa Clarita, Santa Monica, Sherman Oaks, Simi Valley, Thousand Oaks, Torrance, Van Nuys, Venice, West Hollywood and Woodland Hills.

·  ·  ·

Orange County: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda.

·  ·  ·

Riverside County: Riverside, Moreno Valley, Corona, Temecula, Murrieta, Jurupa Valley, Indio, Hemet, Perris, Palm Desert and Palm Springs. | San Bernardino County: San Bernardino, Fontana, Rancho Cucamonga, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley and Redlands. | San Diego County: San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas and National City.


Written by Robert Weinberg, JD and Tsion Chudnovsky, JD.

Last updated 7.15.19