When your medical license is in jeopardy, it’s understandable to want to act fast and ensure your defense is strong enough to withstand the licensing board’s investigation. To accomplish this, you will want to hire a professional licensed defense lawyer to help you build your defense strategy. As you prepare to defend your position against the Medical Board of California, you may want to understand the role of due process in California medical license defense.
It’s common for medical professionals facing serious charges or allegations to want to do everything in their power to fight those charges. It really begins with hiring a California professional licensed defense attorney to represent your case and ensure that your defense is built on the facts of your case. The Medical Board of California (MBC) knows exactly what to look for to revoke your license. You must ensure you have an explanation ready for them.
Why Hire a Professional License Defense Lawyer?
Trying to argue a case where your professional license is on the line can be unpredictable and overwhelming for you. You will want the right kind of legal help in your corner. The legal team at Century Law Group, LLP, has over 100 years of legal experience helping clients protect their professional licenses from licensing boards. In fact, we defend more professionals against licensing boards than any other law firm in California. We take our clients’ careers seriously.
According to information collected by Statista, there are currently well over 65,000 specialty physicians who are licensed throughout California. It’s reasonable to assume that some of these physicians have had to defend their medical licenses in the past from allegations of malpractice, negligence, or abuse. They may have gone to a legal professional for help in building a significant defense strategy.
The threat of losing your professional license can be quite overwhelming at times. After all, your entire career may be on the line. Such thoughts can be detrimental to your mental health over time. You may want to consider reaching out to a local support group, such as CalHOPE or NAMI California. Talking to people who have been through something similar may be beneficial as you deal with your case.
The Role of Due Process in California Medical License Defense
Due process is the foundation of a fair and balanced legal system. It’s a constitutional right that gives everyone the right to stand up for themselves in a court of law and defend their position, including doctors, against a licensing board. Through due process, doctors are given the right to call witnesses, gather evidence, and, most importantly, hire a lawyer to defend them. Here are some key aspects of due process that will likely appear in a medical license defense:
- Notice of charges. Your case effectively begins when the Medical Board formally provides you with a written statement of the charges being made against you. This written notice must clearly explain the reasons that disciplinary action is being taken.
- Hearing. As part of due process, you will have the opportunity to request a hearing so you can contest the charges. Generally, your hearing will take place before an administrative law judge.
- Right to counsel. At your hearing and throughout the entire disciplinary process, you have the right to retain legal counsel. Your lawyer can argue on your behalf, help you gather evidence that supports your claims, and ensure that nobody takes advantage of your position.
- Neutral decision-maker. You have the right to insist that the final decision about your case be made by somebody who is a neutral third party, such as an impartial hearing officer or a board panel.
FAQs
Q: What Is the Due Process Law in California?
A: In California, due process is a legal principle that provides everyone with fair treatment under the law and protection of their legal rights. It ensures that everyone facing legal trouble can present a case for their defense. Due process includes the right to written notice, the right to a hearing, the right to present evidence with legal counsel, and the right to a fair decision that takes all evidence into account.
Q: What Is Due Process in Healthcare?
A: Due process in healthcare is similar, as it refers to the fair procedures that are used by medical professionals to make decisions that affect a patient’s or physician’s rights and privileges. Due process ensures that every individual is treated fairly by various healthcare institutions like hospitals, clinics, medical boards, and training programs. If you are accused of malpractice or negligence as a physician, due process gives you the right to defend yourself formally.
Q: What Is the Corporate Practice of Medicine Doctrine in California?
A: In California, the Corporate Practice of Medicine Doctrine (CPMD) prohibits any non-medical entities from employing doctors or owning medical practices. To own a medical practice in California, you must be an individual or a company with a valid California medical license. If you don’t have that, you cannot directly employ doctors to provide medical services or control any business aspect of a medical facility. This doctrine is supposed to ensure that corporate interests don’t infiltrate medicine.
Q: How Does the Medical Board of California Investigate?
A: The Medical Board of California (MBC) investigates by gathering all relevant evidence, conducting interviews with all parties involved, and determining whether a physician has violated the Medical Practice Act and should have their license revoked. Their goal is to establish whether a violation has taken place and what disciplinary action must be taken for that violation. If an accusation is filed, a hearing will take place next.
California Medical License Lawyer
If you have a medical license, you may have a fulfilling career helping people overcome illness, injury, and more. Depending on what you are accused of, you may be at risk of losing that license. You should consider hiring a medical license defense attorney who can help you defend yourself in a disciplinary hearing and a thorough investigation. The team at Century Law Group, LLP, can help. Contact us to speak to someone about your case.