Medical License Defense Attorney
You have worked very hard to earn and maintain your medical license. Your achievement is not simply an achievement, but the means to your career and livelihood. If you are facing challenges to your professional license due to allegations of criminal wrongdoing, you may not know how to move forward to fight the criminal charges against you while also preserving your medical license. It is important for you to retain the services of an experienced medical license defense attorney.
At Fienman Defense, we focus on helping protect your future and preserve your freedom. Our team understands the nuances of the legal system as well as the administrative hearing process to which you may be required to submit. We will stand with you every step of the way to ensure the best possible outcome on your behalf.
Call us today at (215) 839-9529, or contact us online to request a consultation.
Types of Medical Professionals Eligible for License Defense
Regardless of the subcategory of medicine you practice, our attorneys are adept at defending medical professionals against the possible threat of license suspension or revocation, as well as any criminal charges that may leave you vulnerable to facing penalties such as fines, probation, or prison time. We’re able to provide effective representation for the following types of doctors and medical professionals:
- Family doctors
- Physical therapists
- Pain management specialists
- Respiratory therapists
- Medical residents
- Medical trainees
In general, the Pennsylvania Bureau of Professional and Occupational Affairs is the organization within the state’s government that initiates a professional medical license investigation after the filing of a complaint against a licensed medical professional has occurred.
Once a complete investigation has taken place, if the Bureau feels that your case warrants further investigation, you may have the opportunity to negotiate with the Bureau for a negotiated sanction. However, it’s important that you have an experienced medical license defense attorney with you during such a negotiation.
Order to Show Cause
If the Bureau files charges against you, an Order to Show Cause will be issued. This sets forth the allegations you are facing. A Hearing Examiner will then be assigned to take motions, conduct a hearing ,and determine the outcome of your case with a decision and order.
The Administrative Hearing Process
Administrative hearings involving the evaluation of professional licenses are governed by the Administrative Agency Law and the General Rules of Administrative Practice and Procedure. The medical license defense lawyer representing you must be involved in the process of obtaining the necessary evidence and documents the prosecutor intends to use at the hearing as evidence. The discovery process at your hearing will be limited in nature, therefore requiring your defense attorney to be proactive to the point of requesting a pre-hearing conference in order to obtain the required documents.
After an Order to Show Cause has been issued in your case, your medical license defense lawyer must show the Bureau prosecutor that you and your team are ready to litigate and defend your case. The higher the level of preparation you demonstrate to the prosecutor, the better opportunity you may have to obtain a more favorable settlement regarding the status of your medical license.
You may be familiar with how a negotiated settlement works in civil court. In the same way, a consent decree generally involves an admission of guilt on your part with a reduction in the level of disciplinary action taken against you. In some instances, you may be able to avoid the loss of your medical license in exchange for a consent decree. In this situation, it is important to have a skilled and experienced medical license defense attorney by your side conducting any negotiations on your behalf.
Consent decrees may be either privately or publicly available. If the decree is available publicly, hospitals, insurance companies, and third parties will likely be able to view the decree through the National Practitioner Data Bank. In the midst of various stages of your administrative hearing, our team at Fienman Defense will take all measures possible to fight for the long-term preservation of your medical license and career.
Common Offenses Initiating the Loss of a Medical License
- DUI. Can you lose your medical license with a DUI charge and/or conviction? Licensed medical professionals are required to address any legal issues resulting from a DUI not only in court, but also with respect to disciplinary measures at their place of employment – all of which may have a significant impact on their careers. You could face a suspension or revocation of your medical license due to a DUI conviction. That’s why it is incumbent upon you to obtain the services of a medical license defense attorney committed to fighting vigorously for a favorable outcome on your behalf.
- Fraud. Any fraudulent activities such as inflating costs of services, bills, or invoices may subject you to legal penalties and administrative discipline, including the possible loss of your medical license.
- Sexual Misconduct. As a doctor or medical professional, if you engage in any type of sexual inappropriateness with a patient or another professional, you may not only ruin your reputation, but you also face potential charges in a court of law. These charges may result in fines, jail time, and the loss of your license to practice medicine.
- Substance Abuse Issues. If someone suspects you of using drugs or abusing alcohol at home or at work, you may be reported to the State Board for such behavior. As a doctor, you may face fines, license suspension, probation, or even mandatory treatment before you will be able to apply for reinstatement of your medical license.
- Improper Issuance of Prescriptions. When not used properly, prescription medications can be highly addictive. If you issue these medications to family members or friends without a specific authorized medical reason, or you prescribe them to patients in dosages that are inappropriate, you have committed a violation of medical law that can threaten the standing of your license.
Above are some of the most common reasons for medical professionals to lose their license in the Commonwealth of Pennsylvania. If an investigation finds that you have violated any of the State’s medical codes or laws, or if you have one or more medical license with DUI issues pending, it is crucial to have a criminal defense attorney who is knowledgeable about medical license defense issues working to defend your rights.
Contact an Experienced Pennsylvania Medical License Defense Lawyer
If you’re facing charges that could result in the loss of your medical license, you need to know that you have rights that must be protected. Regardless of the allegations against you, our team at Fienman Defense realizes how hard you have worked to obtain your medical license, and we will defend you in any type of criminal or administrative proceeding that threatens the standing of your medical license and future.
Get the legal representation you need at this crucial time. Contact us today at (215) 839-9529 to set up a case review.