You must provide ethically sound and effective care as a physician or a surgeon. The Medical Board of California enforces these standards. A single complaint to the board is enough to trigger an investigation that could destroy your professional license. These investigations routinely involve in-depth investigations and, if substantiated, could result in severe disciplinary actions, including fines, suspension, or license revocation.

In these situations, it is best to partner with an experienced professional license defense attorney. At San Francisco License Attorney, we will help you navigate the medical board procedures and protect your rights. We will also work to present a strong defense to mitigate any consequences. Our support ensures that you handle investigations and subsequent hearings effectively and achieve the best result in your case.

Let us start by looking at the legal landscape around complaints filed with the Medical Board of California, the investigation process, and what disciplinary actions you could be subject to.

Physicians’ and Surgeons’ Roles in Modern Healthcare

Surgeons and physicians play critical roles in healthcare. Your skills and decisions shape patient outcomes and public health. As healthcare providers, you engage in various tasks beyond diagnosis and treatment while considering each patient's particular circumstances. These tasks include:

  • Undertaking thorough patient assessments
  • Developing treatment plans and
  • Educating people on their health condition

As a physician, you are often the first person a patient will come in contact with. You take detailed medical histories, perform physical examinations, and order diagnostic tests as needed. You interpret the tests so you can make decisions regarding treatment options, which may include:

  • Prescribing medications
  • Suggesting lifestyle changes or
  • Referring patients to specialists

This helps patients to understand their health issues and make their choices.

As a surgeon, the care you provide your patients becomes more specialized. You carry out surgical procedures that require technical expertise and composure under pressure. In the operating room, you make decisions in seconds that affect a patient’s immediate safety and long-term recovery. You also need to run post-operative care, which requires monitoring patients for complications and guiding them through recovery protocols.

The second important part of your role is collaboration. You collaborate with other healthcare professionals, including nurses, anesthesiologists, and pharmacists, to deliver coordinated patient care. Your leadership helps improve care quality and patient outcomes in collaborative settings.

All these require you to continue learning and researching to improve your skill set. Being informed about the latest developments in your field means you can implement evidence-based practices that help your patients and the rest of the medical community.

As you discharge your duties, there are ethical dimensions to consider. You have to make difficult decisions about which treatment choices may offer potential benefits and the risks they expose patients to. This requires you to uphold the principles of the Hippocratic oath, which include:

  • Supporting your patients while ensuring they receive compassionate care
  • Respecting their autonomy and
  • Respecting their preferences

The Medical Board of California

The Medical Board of California enforces strict standards to protect public health. As a physician or surgeon, you have a lot of responsibility, and the board ensures you meet the ethical and professional expectations to keep patient trust. When the board receives a complaint, it investigates the matter to protect the public's welfare. The board does not serve as your advocate. This investigation involves a thorough review of medical records, consultations with experts, and interviews of appropriate parties to determine if misconduct or negligence has occurred.

If the Board can establish the evidence that supports the allegations, the Board will escalate the matter by engaging the Attorney General’s Office. After evaluating the facts as presented, the AG will decide whether to formally charge you.

You can contest the charges through a formal hearing if you are accused of wrongdoing. The first step in this process is to file a Notice of Defense with the Deputy Attorney General and the Medical Board within fifteen days of service of the accusation. You have to file this notice within the stipulated time frame. If you fail to, you waive your right to a hearing. In this situation, the board can take disciplinary action without your involvement.

If you request a hearing, it will be in front of an Administrative Law Judge (ALJ) who evaluates the evidence and arguments of both sides. The ALJ ensures a fair and balanced assessment of the case. Based on their findings, the ALJ will prepare a proposed decision to be sent to the Medical Board for consideration. The Board reviews the ALJ’s recommendation and can accept, modify, or reject it.

Violations That Can Lead to Disciplinary Action

The Medical Board of California deals with several violations that erode patient safety and are detrimental to the integrity of medical practice. Some of the more common violations that could result in board action include the following:

  • Practicing without a valid license — Practicing as a physician or surgeon without a current license is a serious infraction. Furthermore, practicing under someone else’s license is illegal and unethical.
  • Medical negligence — This occurs if you do not meet a pre-set medical standard while discharging your duties and this causes your patient to suffer harm or injury. On the one hand, it covers cases of misdiagnosis, and on the other, of selecting wrong treatment plans.
  • Substance abuse — Misusing drugs or alcohol is very risky. Your substance abuse could get you in trouble in more serious ways if it is detrimental to your ability to offer safe and competent care.
  • Fraud and misrepresentation — Falsifying medical records, billing for services not delivered, and misleading your credentials attract harsh penalties and undermine public trust.
  • Incompetence — Disciplinary action can follow a lack of knowledge, skills, or judgment. However, to provide safe and effective patient care, you must continually improve your skills.
  • Unprofessional conduct — This includes behaviors that are against ethical standards. Examples include sexual misconduct or harassment and forming inappropriate relationships with patients. You can easily damage your professional reputation when you engage in unprofessional conduct.
  • Failure to maintain records — Medical records need to be accurate and thorough. Failing to do this exposes you to your credibility being questioned. This will result in disciplinary measures.
  • Failure to report violations — You should report some issues, like malpractice settlements and criminal convictions. If these events are not disclosed, there can be repercussions from the medical board.
  • Violation of the Medical Practice Act — Investigations and possible sanctions could result from actions that violate the provisions of California’s Medical Practice Act. It is very important to follow these regulations to keep your license.
  • Improper prescription practices — You should always prescribe medication based on legitimate medical purposes. If practitioners are careless or ignore established protocols for controlled substances, disciplinary measures and the safety of the patient are jeopardized.
  • Abandonment of patients — When you are a physician, you owe your patients ongoing care. Failing to do so amounts to unprofessional conduct and is grounds for disciplinary actions. You could also face the same if you abandon a patient without proper notice or referral.

Note: Any criminal matter will be reported to the relevant authorities for action. This means there is a possibility you face prosecution. If convicted, you will face harsher penalties.

Disciplinary Outcomes for Physicians and Surgeons

You may be subject to various disciplinary actions depending on the findings of the hearing by the Medical Board of California. The board thoroughly looks at violations of medical practice standards and laws. The consequences you will face depend on many factors, including the nature and severity of the violation and your past professional history.

The board could issue any of the following disciplinary actions in your case:

  1. Reprimand

One possible outcome of a disciplinary hearing is a reprimand. In this instance, the board will advise you that, going forward, you must follow conventions regarding established medical standards. With a reprimand, you can continue to practice medicine, but you should address the problems pointed out by the board.

  1. Probation

If the board decides that the violations are not severe but warrant additional oversight, the board could place you on probation. Being on probation means you have to follow certain conditions the board sets. These include:

  • Additional training
  • Monitoring by a certain supervisor or
  • Submitting regular reports of your responsibilities

Probation is a way to ensure you take corrective action while keeping your medical license while supervised.

  1. Suspension

The Medical Board of California can suspend your medical license for more serious violations. This action keeps you from practicing medicine for a set amount of time and may devastate your job and income. The length of the suspension also correlates to the seriousness of that violation and your compliance history on that violation. When the board suspends your license, it seeks to strongly remind you it is imperative to uphold professional standards.

  1. Revocation

In the most serious cases, the board will revoke your medical license. A revoked license means you will be prohibited from practicing medicine anywhere in California. Generally, revocation applies to the most profound violations, including fraud or gross negligence. If you lose your medical license, it can be devastating to your career and livelihood, so you do not want to take any allegations lightly.

Note: If the board suspends or revokes, reinstatement conditions may be required. However, the board sets specific requirements, so you must fulfill them before you can reapply for your medical license. They might include showing proof of rehabilitation, completing educational programs, or endorsements from reputable colleagues. You must meet these conditions to regain your right to practice medicine.

  1. Fines

In addition to possible penalties, the board could impose fines for your misconduct. The fine amount depends on the nature of the violation and its impact on patient safety. Fines are an instrument that imposes a financial deterrent to encourage adherence to medical regulation.

  1. Continuing Education Requirements

The board could require continuing education in the disciplinary process. You may need training or workshops to improve your medical knowledge and keep current with changing healthcare standards. These educational requirements help you improve your practice and prevent future violations.

  1. Restitution

If you caused financial harm to patients, the board may order that you make restitution. Restitution is a means to rectify the financial impacts of medical malpractice and reinforce accountability among physicians and surgeons.

  1. Board-Mediated Resolution

A board-mediated resolution is also possible. This simple approach involves directly contacting the complainant to reach an amicable agreement to resolve the matter without resorting to formal disciplinary actions. This process is time-consuming but can lead to open communication and understanding. It aims to save your professional reputation as you navigate the issues raised.

  1. Confidential Dismissal

If there is not enough evidence to justify disciplinary action, the investigation can be dismissed without creating a public record. This confidential dismissal maintains anonymity so that the investigation and its results are kept private, your professional standing is not damaged, and no public action is taken against you.

Violation Without Severe Consequences

In cases where the board identifies a violation but believes that significant disciplinary actions are unwarranted, they may acknowledge the violation without imposing further penalties. This decision shows that the board found fault but also sees mitigating factors that will reduce the severity of the board’s response.

Find a Professional License Attorney Near Me

The challenges are significant if you are a physician or surgeon facing allegations of wrongdoing. To make matters worse, the disciplinary actions you may be faced only complicate the matter further. Even if you believe you acted correctly in your professional capacity, you must get expert representation to present your case to the Medical Board of California.

A professional license defense attorney can handle the legal complexities on your behalf. They will analyze and present your case, ensuring the board understands your actions and the context surrounding them.

Your attorney will use compelling arguments to help protect your reputation and professional standing. Contact the San Francisco License Attorney today at 415-919-6594 to discuss your circumstances and explore your options.  We are ready to offer assistance throughout the investigative process and at the hearing.