Our appreciation goes out to all healthcare professionals on the front line and our sincerest thoughts are with our community both locally and afar. During these unprecedented times, The Law Office of Nicole Irmer, as an essential business, remains open and available to help. If you need assistance maintaining or applying for a professional license, of if you have been contacted by a Board or DCA investigator, please do not hesitate to contact us at (619) 237-6130.

Medical Board Accusations

Posted in Medical Malpractice

Medical board accusations

Each year, the Medical Board of California (MBC) receives more than 8,000 complaints about physicians and surgeons licensed to practice in the state. As part of its authority over doctors, the Board investigates these complaints. If it finds that there is a basis for the complaint, it may result in a formal Accusation being filed against the physician in question.

An Accusation is filed by the California Department of Justice after investigation and review of the complaint. It is a formal pleading document that lists all of the charges against the physician or surgeon. At the end of the Accusation, the Board will request that the doctor’s license be revoked.

Receiving a “Notice of Accusation” can be devastating, particularly because it may mean the loss of a career that you have worked your entire life to have. With the help of an experienced California medical license defense attorney, you can develop a strategy to protect your license and your livelihood.

What Is an Accusation?

An Accusation is the culmination of the California Medical Board’s enforcement process, which starts when a complaint is filed. A complaint may be filed by a patient, family member, a fellow health care practitioner, a hospital, or even an insurance company. The most common type of complaint received by the Board’s Central Complaint Unit (CCU) involves allegedly negligent care or treatment of a patient.

Once the CCU receives a complaint, it reviews it to determine if the allegations fall within the Board’s jurisdiction. As part of this process, the CCU will request and review a patient’s medical records, along with other relevant information. At this point, the CCU may contact you to request a response to the complaint. If you receive a phone call or letter about a complaint, you should contact an attorney immediately.

If it appears that a violation may have occurred, the CCU will refer the matter to the Board’s District Office for further investigation. This may result in a situation and fine for minor violations of the Business and Professions Code, a referral to a local District Attorney for criminal prosecution, or a referral to a Deputy Attorney General. The Attorney General’s Office will then review the complaint, and decide whether or not to file a formal Accusation.

The Accusation will list all of the charges and/or sections of the law that the physician allegedly violated. These charges and/or violations form the basis of disciplinary action. Once a formal Accusation has been filed, a doctor may be facing penalties that range from a public reprimand, probation, suspension or even revocation of their license.

What Should I Do If I Receive a Notice of Accusation?

If you receive a Notice of Accusation, you should take it very seriously. The outcome of the Accusation may depend, in part, what you do over the coming days and weeks.

As an initial matter, you should check the Accusation to find the date of the proof of service. You have 15 days from this date to file a “Notice of Defense.” Doing this serves two purposes: (1) acknowledging your receipt of the Accusation and (2) providing notice of your intent to defend yourself against the allegations. If you fail to submit a Notice of Defense in a timely manner, it may result in the waiver of certain rights.

If you have not already contacted a healthcare licensing defense lawyer, you should do so as soon as possible after receiving a Notice of Accusation. These matters are complex, governed by the Rules of Administrative Procedures. An experienced attorney can advocate for you in several important ways, including:

  • Determining what, if any, affirmative defenses should be raised;
  • Filing a Notice of Defense, including all affirmative defenses, requesting a copy of the discovery from the Board, and requesting that the matter be set in a jurisdiction that makes the most sense for the physician; 
  • Reviewing and Analyzing the discovery; 
  • Facilitating an expert review of the discovery; and
  • Preparing for an administrative hearing while simultaneously drafting a persuasive mitigation packet to attempt to resolve the matter before the hearing.

In this way, your lawyer can help you achieve the best possible outcome for your case. With so much at stake, it is vital to retain legal counsel immediately after learning of a complaint against you or after receiving a Notice of Accusation. Early intervention by a knowledgeable California Medical License Defense Attorney can make the difference between having the complaint resolved with minimal penalties, being put on probation, or having your license suspended or revoked.

Facing an Accusation? We Are Here to Help.

As a physician, you have dedicated your career to helping people who need your skill and expertise. Learning that you may lose your ability to practice medicine can be heartbreaking, and provoke significant anxiety. While an Accusation by the Medical Board is incredibly serious, you may be able to resolve the matter in a more favorable manner by working with a compassionate, knowledgeable lawyer.

At the Law Office of Nicole Irmer, our medical license defense lawyers are dedicated to helping medical professionals who are facing complaints and Accusations. From the initial request for an interview through the final resolution of your case, we will stand by your side. For a confidential, no-risk discussion of your legal options, we encourage you to contact us right away at (619) 237-6310 or email us at any time.