Los Angeles Medical License Defense

In California, physicians and surgeons are regulated and monitored by the Medical Board of California (MBC) or the Osteopathic Medical Board of California (OMBC). Both agencies take allegations of professional misconduct incredibly seriously. If you are found to have violated the rules and regulations governing the practice of medicine, you could face serious consequences – including your medical license.

If you are notified of a complaint or investigation against your license, it is important to consult with a Los Angeles medical license defense lawyer as soon as possible. An experienced attorney can intercede early in the process and advocate for a more favorable resolution – which may even include dismissing the complaint entirely. If the matter proceeds, they can gather mitigating evidence or put together a rehabilitation plan to potentially reduce the consequences imposed by the MBC or OMBC.

The Law Office of Nicole Irmer offers skilled, compassionate representation to physicians and surgeons facing disciplinary action throughout the greater Los Angeles area. With decades of experience in California professional license defense, our team understands the complexities of the process. We will put our knowledge to work for you to help you achieve the best possible outcome for your case.

Potential Consequences of a Board Investigation

Both the MBC and the OMBC investigate violations of the Medical Practice Act. These investigations may arise from a complaint from a patient, family member, colleague, insurance company, or from a criminal investigation.  The MBC and OMBC may investigate allegations related to any number of violations, including:

  • Misleading advertising
  • Excessive prescribing of opioids
  • Non-therapeutic prescribing
  • Sexual misconduct or exploitation
  • Mental or physical illness
  • Substance abuse
  • Unprofessional conduct/professional misconduct
  • Gross negligence
  • Negligent quality of care
  • Incompetence
  • Failure to maintain records appropriately
  • Criminal arrests, charges, and/or convictions
  • DUI
  • Failure to comply with mandatory reporting requirements

After a complaint is filed with the appropriate board, the formal disciplinary process begins. A board investigator will begin an investigation. As part of this process, you will likely be contacted by the investigator by phone, by mail, or in person. 

You should be cautious before talking to a board investigator or submitting any paperwork before first speaking to an attorney. Keep in mind that the investigator is a law enforcement officer. Anything that you say can be used against you in the ensuing licensing investigation and in any potential criminal case.

At this stage, the complaint may be dismissed if no apparent violations are found by the board investigators. Alternatively, the complaint may be mediated and the board may issue a letter stating that the matter is closed. A minor violation may result in a citation with or without a fine instead of formal disciplinary action.

If the allegations are substantiated, then they may be referred to the Attorney General’s office. A Deputy Attorney General will then file a formal Accusation and may even refer the case to a local district attorney for criminal prosecution. If a licensee contests the charges, then the matter will be scheduled for an administrative hearing.

The potential consequences of disciplinary action include public reprimand and reproval, probation, license suspension, and license revocation. In addition, the results of Board disciplinary action are made publicly available, and are reported to various practitioner’s databasis. As a result, even relatively minor discipline – such as a public reprimand and reproval – can have a serious adverse effect on a physician’s career.

Fortunately, it is possible to defend your license against MBC and OMBC disciplinary actions. There is often a reasonable explanation for what occurred or mitigating evidence. A Los Angeles medical license defense attorney will work with you to advocate for your license and your livelihood.

Defending Physicians in Board Disciplinary Actions

Because the potential consequences of disciplinary action are so severe, it is vital to have a multi-pronged defense. At the Law Office of Nicole Irmer, we carefully analyze the facts and circumstances surrounding the allegations against you. We understand that even the best doctors can make errors or may go through a difficult time.

Our team takes a proactive approach to minimize the impact of board disciplinary action on our clients’ medical licenses. We know that early intervention can often make the difference between a dismissal or informal discipline and more serious formal disciplinary action. 

We represent physicians at all phases of disciplinary proceedings, from the request to medical records, to the initial investigation to the issuance of investigative subpoenas to the filing of an Accusation to contested hearings and appeals. We also assist physicians that have been arrested/convicted of offenses, and those with petitions for reinstatement to have their medical licenses restored after being surrendered or revoked.

Our law office understands that there is no such thing as a one-size-fits-all approach to medical license defense. We treat each client as an individual and take the time to truly understand what may have happened that led to the investigation. In this way, we can be sure to put together a comprehensive, personalized defense for each of our clients.

Depending on the facts of the case, we may:

  • Request a meeting with a board investigator or Deputy Attorney General to refute the allegation or present mitigating evidence;
  • Retain expert witnesses;
  • Work with a defense investigator to put together a factual defense;
  • Develop a rehabilitation plan for substance abuse disorder and/or mental health issues; 
  • Gather the necessary mitigation and rehabilitation documents to demonstrate that the problem has been addressed or to prepare for a hearing;
  • Advocate for the doctor in an administrative hearing;
  • Negotiate a settlement; and/or
  • File an appeal (also knows as a Writ) of an adverse Board decision.

Through each stage of the process, we will work collaboratively with you to understand the circumstances underlying the allegations. In each case, our goal is to achieve the most favorable resolution possible for our clients.

How Our Law Firm Can Help

After spending years of your life getting the education and experience necessary to become a physician, learning that your license is in jeopardy can be devastating. In this situation, you will need an experienced advocate who can fight for you before your licensing board. Our law firm can help.

The Law Office of Nicole Imer is dedicated to providing high-quality, compassionate legal representation to physicians and surgeons throughout California. We have substantial experience with all phases of board investigations and a track record of successful outcomes. To learn more or to schedule a consultation with a Los Angeles medical license defense attorney, give us a call at 619-207-4233 or fill out our online contact form.