Being a physician or surgeon in California means you are responsible for the health of numerous patients who trust you. However, this responsibility also comes with the fact that your practice will be under the close supervision of the California Medical Board.
If you are under investigation or if a complaint is made against your medical license, it is essential to understand the disciplinary process involved and your rights. These processes are often complicated, and it is always advisable to consult a proficient license defense attorney who will explain every step of the process to you in simple terms.
At San Diego License Attorney, we focus on representing professionals facing investigations and complaints. We aim to safeguard your professional standing and guarantee that your interests are defended.
If you or a loved one are involved in a case in which you are under investigation or have complaints against you regarding your physician and surgery practices, our license defense attorneys are here to fight for you.
The Role of Physicians and Surgeons
As a physician and surgeon in California, you treat and diagnose your patients' illnesses or injuries and address how they should maintain their health. As a surgeon, you perform surgical operations on your patients to remove or repair diseased or damaged organs and tissues. You also prescribe medications to be taken, develop treatment plans, and perform diagnostic tests on your patients to determine the cause of their illnesses.
You must complete your bachelor's degree before becoming a licensed physician or surgeon. Additionally, you must complete your medical degree, which takes four more years to complete. You will also need to practice for up to 3 or 9 years, depending on your specialization as an intern.
The California Medical Board (CMB) will grant you your license after completing your coursework and clinical practice. You can work in a hospital, physician’s office, insurance company, non-governmental organization, or government agency.
Your role goes beyond diagnosing and treating illnesses; you also counsel your patients, advising them on healthy living. You are expected to maintain a high standard of care, keep up with medical advancements, and manage the day-to-day pressures of your career.
However, your patients can file a complaint against you that could jeopardize your career if they feel your services were not of a high standard. Your license could be revoked if you are found guilty of the offense.
The Role of the California Medical Board
The California Medical Board (CMB) is responsible for maintaining the integrity of the state medical profession. Its job is to protect public health and safety by ensuring that every physician and surgeon in the state meets strict standards.
The board verifies the qualifications of new practitioners, reviews complaints brought to it by patients or their relatives, and takes disciplinary action if necessary. At this point, the board's role is to protect the rights of patients, not of the professionals.
Verifying the Qualifications of New Practitioners
Before granting a practice license, the board ensures that all new physicians and surgeons are qualified to perform their medical roles. It enforces strict qualification requirements, ensuring that only those with the proper education, training, and experience are granted a license.
This process involves thoroughly reviewing your credentials, including your medical school education, residency training, and any board certifications you may hold. The Board also looks into your professional history, checking for any past disciplinary actions or legal issues that could impact your ability to practice safely.
Receiving and Reviewing Complaints Against You
Practicing in the medical field has its challenges, as you can face a complaint if a patient feels that your services do not meet their standards. Complaints can be brought in by your patients, their relatives, or your colleagues. Once the board receives the complaint, they will review it to see whether it is viable and within their jurisdiction.
If the complaint against you warrants investigation, the board will send their representative to examine your medical records. Interview your patients and staff, and evaluate your professional conduct. This investigation is done to ensure that you are practicing safely and ethically.
Administering Disciplinary Actions
If the complaints against you hold water, you will have to undergo a disciplinary process where an administration judge will grant the board to take disciplinary actions such as license suspension or revocation against you, depending on the circumstances of your case.
The process from initial complaint to disciplinary action can be overwhelming. If you are unaware of the legal consequences of your actions during the process, you could further incriminate yourself. A license defense lawyer will explain the process to you in simple terms and advise you on how to conduct yourself. This will help you have a clear picture of what to expect at each step and how to respond effectively. When you conduct yourself appropriately, you could have complaints against you dismissed, thereby protecting your license.
Common Complaints That the California Medical Board Handles
As a medical practitioner, even the slightest mistake could lead to complaints that may put your practicing license at risk. You need to know the complaints that the CMB handles to avoid making such mistakes so you cannot lose your license. Some of the issues that can lead to investigations include:
Sexual Harassment
A patient can accuse you of sexual harassment if you touched them inappropriately during your care. However, there are some instances where you could be a victim of misunderstanding, so you have to seek the services of an experienced attorney who will help you prove your innocence. If you are found guilty, these claims can result in license suspension or revocation.
Employing Unlicensed Medical Practitioners
You risk having your license revoked if the board determines that you have employed unlicensed medical personnel in your firm. The Board requires all medical assistants under your supervision to meet specific qualifications. Failure to ensure that your staff is properly licensed or certified can result in disciplinary action against your license.
Having Prior Convictions in Your Criminal Record
If you have ever been convicted of a crime related to your medical practice, the board may question your ability to hold a license. The board could suspend or revoke your license even if the conviction is from many years ago. You should be transparent about your criminal history to your patients so that they are aware of whose services they are seeking.
Improper Prescription of Drugs
You could find yourself on the wrong side of the board if you are found guilty of improper prescription of the drugs you give to your patients. Whether you did it knowingly or unknowingly, a patient may notice that their prescription is improper and file a complaint with the board. You should ensure that you pay close attention while prescribing drugs to prevent overdose or underdose.
Falsifying Medical Records
Having incomplete, incorrect, or falsified medical records of your patients could lead you to face disciplinary actions from the CMB. The investigator will examine your record-keeping practices closely during an investigation. You have to maintain accurate and up-to-date medical records because these records can be used for reference in case your patient has recurring illnesses. That information can be used to recommend mitigation measures to your patients.
Insurance Fraud
The board also receives complaints about insurance fraud. You commit insurance fraud when you intentionally or unintentionally overcharge the services you give to the patient, leading to a higher bill amount than is necessary. If you overcharged your patient unintentionally, your lawyer will help you prove that there were errors made during billing.
Practicing Medicine While Impaired by Alcohol and Drugs
Working as a physician or surgeon while under the influence of alcohol and drugs is dangerous and illegal. In that state, you risk injuring your patient, which can be at times fatal. If a complaint of substance use while working is filed against you, you could have your license revoked and be placed on mandatory rehabilitation programs if found guilty.
Complaint Review Process
As soon as the complaint is made against you, the Medical Board of California undergoes a formal process of evaluating the complaints made against you. This process is meant to ensure the complaints are dealt with in a fair and proper manner; however, this could be challenging for you as you are on the receiving end. The process entails the following:
- Initial Intake and Evaluation: When a complaint is reported, the board examines whether it is in their jurisdiction and whether it has the potential of violating the Medical Practice Act. At this stage the complaint is thrown out if it has no merit or referred to other higher authorities for further investigation.
- Preliminary Review: If the complaint is forwarded, the Board then investigates in order to gather more information about the complaint. They may need to go through your medical records, talk to the complainant, and possibly contact you to hear your side of the story. Their aim is to find out whether there are sufficient grounds for launching a large-scale investigation.
- Full Investigation: In the case that the preliminary review results in sufficient concerns, the complaint proceeds to an investigation. The investigators from the board may talk to witnesses, seek advice from medical practitioners, and review your practice’s activities and papers.
- Investigation Outcome: After the investigations, the Board will determine whether the complaint warrants disciplinary action or not.
The Disciplinary Process
When the board has assessed that you indeed engaged in the offense, they will proceed to enforce the law. This process is intended to bring you to order in case you engage in any wrongdoing while at the same time safeguarding the interest of the public. This process involves the following:
- Issuance of Charges: The enforcement process starts when the Board sends you formal charges and starts the enforcement process. These charges will state the particular manner in which you have violated the law and the facts that substantiate these claims.
- Administrative Hearing: The next legal proceeding is an administrative hearing. This hearing works like a trial in which you are represented by your lawyer, and the board also has their lawyers. Your lawyer can cross-examine any witnesses from the prosecution’s side and also make objections in relation to any evidence presented against you.
- Decision and Disciplinary Action: Following the hearing, an administrative law judge will issue a proposed decision that the Board may adopt, alter, or reject. The final decision will be communicated and will contain any measures that may be taken against you. This may be as mild as a word of caution and goes up as far as having your license withdrawn or canceled.
- Appeals Process: If you are not satisfied with the decision that has been made by the Board, you are free to appeal. The appeal process enables you to appeal the decision to a higher court, where you can present other evidence or arguments for your case.
- Compliance and Monitoring: If disciplinary action is taken, you may be required to comply with certain conditions, such as attending remedial education courses, undergoing drug or alcohol testing, or practicing under supervision. The Board will monitor your compliance closely, and failure to adhere to these conditions can result in further penalties.
Disciplinary Actions That The Board Could Impose
When the California Medical Board determines that you have violated professional standards, they could take the following disciplinary actions against you:
- Mediation
- Issuance of a warning letter
- License suspension
- License revocation
- Citation and fines
Find a Medical License Defense Attorney Near Me
If you are facing a complaint against your practice as a physician or surgeon and you are under investigation by the California Medical Board, you want to seek the services of a skilled license defense attorney. You cannot face this alone, as you are risking your career, your reputation, and your very ability to earn a living.
At San Diego License Attorney, we know how the process of defending a medical license works. Our firm has extensive knowledge about the laws and rules that apply to physicians and surgeons in California and the strategies used by the California Medical Board during investigation and prosecution. We aim to safeguard your license, reduce the consequences on your profession, and secure the best result.
If you are receiving a complaint, are under investigation, or require help in reinstatement from disciplinary measures, we are ready to help. We tailor the defense to your case and your situation so that you get the best defense that you can get. Contact us today at 858-665-2455 so that we can start working on your case.
