Our office recently represented a medical doctor specializing in cosmetic medicine, who received a letter from the Medical Board of California requesting patient records and a summary of her care following receipt of a complaint to the Medical Board. The patient (and complaint provided pursuant to Business and Professions Code Section 800(c)) stated that the MD failed to properly supervise her advanced practice staff, and, as a result, the patient suffered an injury during a cosmetic procedure.
Although unfortunate, negative outcomes are possibilities in all medical procedures, including elective procedures. The practice obtained written informed consent detailing the potential outcomes, prior to the procedure, in compliance with regulations.
After a thorough review of the patient records, standard operating procedures, and designation of services, our office sought an expert review. The expert opined that our client’s care exceeded the standard of care.
To aid the Board in a proper review of the records, our office provided substantial mitigation and a report from our expert consultant. After many months of review, the Board closed the case against our Client. No additional investigation was conducted, and no discipline was issued.
If you have received a letter from your licensing Board requesting a patient’s medical records, you should contact an experienced professional license defense attorney as soon as possible. The Board only allots a few weeks to provide the required medical records and optional supplemental documents. The supplemental documentation – i.e., summary of care, on point literature, and expert review – can make a significant difference in the outcome of your matter. Getting a knowledgeable attorney on early can help prepare your file for the most optimal review.
If you receive a request for patient records, please do not hesitate to contact our office.
** This information is a sample of past results. Information provided on this website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different, and each case must be evaluated on its own merits. The circumstances of your case may differ from the results provided above. Legal Advertisement. **