Licensing Board and Peer Review Proceedings
Representing A Chiropractor
Background: Our client received a letter from the State of California Chiropractic Board alleging unlawful practice of medicine due to alternative health care treatments, website content, and internet blogs.
Resolution: After our lengthy presentation to the Board, the case was closed and no disciplinary charges were filed. (2007)
Venue: Office of Administrative Hearing, California (Chiropractic Board) 2015
Background: Chiropractor defaulted on an Accusation after it was filed due to a guilty misdemeanor plea for driving under the influence.
Resolution: After our extensive mitigation and rehabilitation preparation and presentation to the Attorney General and Board, the default was set aside and the Chiropractor was placed on probation with no testing restrictions (he was shown not to have an alcohol problem) and allowed to continue his professional practice.
Representing A Dentist
Background: Our client had extracted the wrong tooth. In the deposition for his civil malpractice case, he gave allegedly false testimony.
Resolution: We resolved the State of California Dental Board investigation prior to the filing of any disciplinary charges, and case was closed. (2005)
Background: Dentist had a biller who had billed insurance company for services not provided and failed to bill for services provided for a number of years.
Resolution: After our extensive preparation with the client, creation of a compliance plan which involved repaying and rebilling, the investigation was closed and not referred for criminal prosecution or to the Board. (2017)
Representing An Occupational Therapist
Venue: Board of Occupational Therapy
Background: Represented an occupational therapist who was convicted of a driving under the influence.
Resolution: After our extensive mitigation and rehabilitation preparation, the Board issued a citation and no other discipline. (2017)
Representing A Pharmacist
Venue: Office of Administrative Hearing, California (Pharmacy Board)
Background: Pharmacist imported steroids from outside U.S. and compounded medications at home for sale to body building community. After criminal case was resolved favorably (misdemeanor), the Pharmacy Board filed an Accusation and sought revocation or surrender of the license.
Resolution: After our extensive mitigation and rehabilitation preparation and presentation to the Attorney General and Board, the Pharmacist was placed on probation and allowed to continue his professional practice. (2017)
Venue: Office of Administrative Hearing, California (Pharmacy Board)
Background: Pharmacist diverted a bottle of Schedule II drugs from the pharmacy in an unusual circumstance. The pharmacy fired the pharmacist and reported the theft to the Board. The Board filed an Accusation.
Resolution: After our extensive mitigation, rehabilitation preparation and presentation to the Attorney General and Board, the Pharmacist was found to have to have no substance abuse issues and was placed on probation and allowed to continue her professional practice with no drug testing requirements. No criminal charges were filed for the theft as well. (2018)
Representing A Physician
Background: A Board Certified pathologist physician was investigated for misdiagnosis of cancer and irregularities in five other cases during a difficult time of the physician's life. An Accusation was filed and the Board sought revocation of the license.
Resolution: After our thorough investigation, use of an expert and the physician's interview, the Board agreed to settle the case with probation and no suspension time. (2017)
Background: A physician was on seven years' Medical Board probation and wanted early termination of probation in order to obtain board certification and hospital privileges back.
Resolution: At the hearing on the petition for early termination of probation and a strong showing of rehabilitation, the Administrative Law Judge granted the petition to terminate probation early at the five year mark. (2017)
Background: A Board Certified pathologist was investigated for a misdiagnosis case on the grounds it was gross negligence.
Resolution: After our preparation, submission of expert opinions, use of several experts and the physician's interview, the Board agreed to settle the case for a letter of public reproval. (2016)
Background: OB-GYN had multiple malpractice lawsuits arising from high risk pregnancies and the Hospital had commenced an investigation. One of the cases made the local newspaper and the Hospital was under pressure to suspend privileges.
Resolution: In order to avoid the suspension of privileges, we had the physician take a leave of absence at an early stage while we worked on a comprehensive plan. The physician drafted explanations on each case, we received expert opinions on each case to show there was no incompetence and we created a plan where high risk pregnancies would be referred to a specialist. At that point, we negotiated with the Hospital and with this plan avoided any action against the physician's privileges. (2014)
Background: Pain management physician was under investigation for treatment of six patients and allegations of over-prescribing or insufficient medical record keeping to substantiate the prescribing. The physician hired us to represent him before the State of California Medical Board as soon as medical records were requested and through the interview. We helped the physician address office practices and prepare responses to allegations for each patient.
Resolution: After our thorough investigation and the physician's interview, the Board closed its case and filed no disciplinary charges. (2013)
Background: Three of the patients of a board-certified OB-GYN had made claims of sexual abuse/touching. The physician hired us to represent him before the State of California Medical Board when it requested copies of the medical records and an interview.
Resolution: After our thorough investigation and witness interviews, the Board closed its case and filed no disciplinary charges. (2006)
Background: A pediatric patient of a board-certified ER physician died at a hospital after routine examination. After a civil lawsuit, the State of California Medical Board began an investigation. The physician hired us to represent him when the Medical Board first requested an interview.
Resolution: We conducted a thorough investigation, including interviews with witnesses. We also hired an expert witness to prepare our client prior to his Medical Board interview. The Board closed the case and filed no disciplinary charges and simply issued a citation for record keeping. (2007)
Background: A physician had two "driving under the influence" convictions.
Resolution: We made a presentation to State of California Medical Board for which we hired a substance abuse expert. The physician entered a diversion program, and no disciplinary charges were filed. (2007)
Representing A Resident/Fellow Physician
Background: Resident had not disclosed information about a prior residency and it was discovered during his third year. The program suspended him pending investigation.
Resolution: After filing an appeal, our firm worked with the client to submit an honest and accurate explanation of the facts and circumstances and negotiated the lifting of his suspension and he was allowed to finish his program. (2015)
Background: Fellow was placed on probation during a prestigious professional training program and was terminated from two year program during last four months.
Resolution: After filing an appeal, our thorough preparation and submissions resulted in the Program agreeing to reverse the termination, reimpose probation and allow the Fellow to finish the training program. (2017)
Representing A Physical Therapist
Background: Our client had submitted allegedly false claims to a private insurer and became involved in a business dispute involving alleged patient abandonment. The State of California Physical Therapy Board sought a one-year suspension as a result of the fraud claims.
Resolution: After our thorough investigation, pre-hearing preparation and several meetings, the Board agreed to probation with 60 days suspension. (2006)
Representing A Physician Assistant
Background: Our client was the subject of two separate criminal complaints of unlawful physical touching and sexual allegations. We were hired prior to any interviews with police or the State of California Medical Board investigator.
Resolution: After our thorough presentations, no criminal charges or disciplinary charges were filed. The Board case was closed. (2007)
Representing A Psychiatrist
Background: An institutionalized paranoid schizophrenic patient died while under the psychiatrist's care. The California Department of Mental Health suspended the psychiatrist's privileges.
Resolution: We conducted extensive preparations before the hearing, which resulted in the reinstatement of our client's privileges. (2004)
Representing A Registered Nurse/Nurse Practitioner
Background: A Registered Nurse was investigated for an improper relationship with a patient and patient HIPAA privacy violations.
Resolution: After our preparation for the interview and presentation to the Board, the case was closed. (2017)
Background: A Nurse Practitioner/Registered Nurse had an Accusation filed due to alleged gross negligence and incompetence in treating a patient. The Board insisted on probation which would greatly limit employment options.
Resolution: After our thorough preparation for hearing, we obtained a letter of public reproval. (2017)
Background: A Registered Nurse was on probation for diverting narcotics and violated probation by failing drug tests and admitting to use of alcohol. Board filed Petition to Revoke Probation. Board insisted on revocation.
Resolution: After our thorough preparation of mitigation and rehabilitation, the Administrative Law Judge ruled for reinstating probation. (2016)