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It takes years to get a medical license, between college, medical school, and residency. If you are a physician who is accused of physician misconduct, all of that hard work may be in jeopardy. In this situation, you need experienced legal representation to protect your license and your ability to earn a living.
In California, there are two boards – the Medical Board of California (MBC) and the Osteopathic Medical Board of California (OMBC) – that oversee the licensing and regulation of physicians and surgeons. These boards are also tasked with investigating any complaints related to licensees. A complaint may be dismissed as unsubstantiated, resolved through negotiation, or result in disciplinary action – up to and including a license revocation. In some circumstances, criminal charges may also be filed alongside disciplinary action.
Based in San Diego, the Law Offices of Nicole Irmer represents doctors and other healthcare professionals in Riverside County. With decades of experience in both professional license and criminal defense, advocate for people who are seeking a medical license, facing disciplinary action, and those who are seeking reinstatement of their license. Reach out today to schedule a consultation with a member of our legal team.
The MBC and OMBC have the authority to investigate allegations of misconduct by physicians and surgeons and to impose discipline. These allegations are based on the Medical Practice Act (MPA), which governs the practice of medicine in the state of California. A complaint may be filed by a member of the public, a patient, a family member, a colleague, an employer, or an insurance company. If a doctor is charged with a criminal offense, such as driving under the influence (DUI), drug possession, or domestic violence, the prosecutor will refer the case to the Board.
Typically, a complaint will allege a violation of the MPA. Our law firm has extensive experience representing physicians and surgeons in cases involving allegations of:
After the MBC or OMBC receives a complaint, its investigatory division will begin an investigation. As part of the process, an investigator may reach out to you and ask you to give a statement, sit for an “informal” interview, or sign paperwork. If you are contacted by a Board investigator, you should not talk to them – even “informally” – or sign anything until you have consulted with a Palm Desert medical license defense attorney.
Anything that you say to a Board investigator can be used against you in a disciplinary action AND a criminal prosecution. For this reason, you should not talk to the Board without legal counsel. You should also seek legal services immediately if you learn that you are under investigation by your licensing board.
An experienced Palm Desert medical license defense lawyer won’t just communicate with the board investigator on your behalf. They can also advocate for you with the Board, offering other evidence about the alleged violation, mitigating evidence, or proof of rehabilitation. In this way, your attorney may be able to have the complaint dismissed or obtain a reduced penalty such as a public reprimand or a citation and fine. They may also help you avoid criminal charges.
If the investigation substantiates the complaint, then the matter will be sent to the Office of the Attorney General for preparation of a formal Accusation. Once an Accusation has been filed, the matter will move towards a hearing before an Administrative Law Judge (ALJ). Importantly, your lawyer can still try to work out a stipulated settlement related to the complaint.
If a deal cannot be negotiated, then the case will go to an administrative hearing where both sides will have an opportunity to present evidence and question witnesses. Once the hearing has concluded, the ALJ will issue a proposed decision. The Board will then adopt, modify, or reject the decision.
A medical board may impose the following discipline based on the nature and severity of the alleged violation:
The Board may also seek recovery of the costs associated with investigation and enforcement. They often impose other requirements on physicians, including a requirement to complete certain medical education courses, submit to toxicology screenings, or complete psychological evaluations. These conditions are typically based on the violation.
Because Board disciplinary action can also result in criminal charges, hiring a Palm Desert medical licensing defense lawyer who also has experience in criminal defense is a smart choice. As both a healthcare license and criminal defense attorney, Nicole Irmer can defend you against both Medical Board and criminal complaints.
Being under investigation by the Medical Board of California or the Osteopathic Medical Board of California is stressful. The potential consequences of a substantiated complaint are incredibly serious. However, it is possible to defend yourself against these complaints with the assistance of a Palm Desert medical licensing defense attorney.
At the Law Offices of Nicole Irmer, we utilize a proactive, multi-pronged strategy for our clients. Our initial aim is to have the complaint dismissed or resolved with relatively minor sanctions. We simultaneously prepare a strong legal defense to the complaint so that we are prepared to go to a hearing. This may include:
Our professional licensed defense lawyers may be able to resolve a complaint before a formal Accusation has been filed. If an Accusation has been filed, we will work towards a stipulated settlement. If we cannot achieve a settlement, our Riverside County medical license defense lawyers will defend you in an administrative hearing. We can also represent you in any related criminal investigations.
Being a doctor is incredibly demanding and stressful. Even the most conscientious physician can make an error in judgment or go through a difficult time. If you are under investigation for a violation of the MPA, we will work to protect your license and your livelihood.
The Law Offices of Nicole Irmer represent medical professionals in Riverside County, including Palm Desert and Palm Springs. We offer highly skilled, compassionate legal representation for doctors who are seeking a medical license, facing disciplinary action and/or criminal charges, or looking to have their medical license reinstated. To learn more or to schedule a consultation with a Palm Desert professional license defense attorney, give us a call at (619) 237-6130 or fill out our online contact form.