What Does a Medical License Defense Attorney Do?

As lawyers, we understand that when people retain us for our services, it is often a challenging time in their lives. No time is more challenging, perhaps, for a medical professional than when their medical license is in jeopardy. Medical licenses take a lot of hard work and sacrifice to obtain, so when a medical professional faces the loss of it, it can be devastating. In cases such as this, it is imperative that the medical professional contact a medical license defense attorney. Here are the things that a medical license defense attorney typically does.

Why Might I Face Medical License Revocation?

There are several reasons that a medical professional might be facing revocation of their license. This can include things such as:

• Medical malpractice 
• Breaches of the standard of care
• Healthcare fraud charges or conviction
• Positive Drug Tests
• DUIs
• Failure to Complete Requisite CME Hours 
• Probation violations
• Legal problems in other jurisdictions
• Criminal convictions that are unrelated to healthcare 
• Previous license suspension
• Medical disciplinary proceedings
• Financial matters

What is a Medical License Defense Attorney?

Medical license defense attorneys specialize in representing healthcare professionals in matters related to their licenses. Medical professionals include doctors, nurses, pharmacists, and other licensed medical practitioners. Medical license defense attorneys help clients with various legal issues concerning their professional licenses, including disciplinary actions, investigations, hearings, and appeals. These attorneys are imperative to protecting the professional interests and livelihoods of healthcare professionals and ensuring that they can continue to practice medicine effectively and ethically. Through zealous representation, medical license defense attorneys present a case that refutes any allegations of professional misconduct or incompetence by the medical professional.

Why Can’t I Just Hire Any Type of Lawyer?

All attorneys, including medical license defense attorneys, passed the bar exam. They are probably all smart and able to understand the law. With their training, any lawyer could take a stab at medical license defense. But medical license defense attorneys specifically understand why medical licenses may be imperiled and, importantly, how to launch a successful defense. While you could hire the attorney you asked to do your will, you stand a stronger chance of retaining your license if you hire a medical license defense attorney. After all, you likely would not hire your pediatrician to do open-heart surgery on you.

What Things Do a Medical License Defense Attorney Do?

A medical license defense attorney serves as the client’s legal advocate throughout the disciplinary process. This includes representing the medical professional at administrative hearings, negotiating with licensing boards or regulatory agencies, and going through the appeals process, if necessary.

Perhaps the most important thing that a medical license defense attorney does is to provide guidance and support to their clients throughout the legal process. They will do what they can to address the client’s concerns and answer their questions. Throughout the medical license defense case, the attorney will keep the client informed about any developments and resultant changes in strategy.

First Steps 

To begin, the medical license defense attorney will consult with the medical professional about what happened that led to the medical professional retaining their services. They will determine why the individual’s medical license is in jeopardy. This includes not just interviewing the medical professional but also gathering information. This includes reviewing relevant documents and evidence. The type of evidence that the medical license defense attorney will consider are things like medical records, witness statements, and expert opinions. They will review all of the evidence, but they will pay close attention to what evidence can support the client’s defense. Although the medical license defense attorney cannot say for sure what the outcome of the case will be, they will give their client their first assessment of the case and preview what they suspect it will look like.

Subsequently, the attorney develops a strategy for defending the client’s medical license. They consider what the specific allegations are and then look at the applicable laws and regulations. Looking at the potential outcomes, the attorney will pick the best course of action.

Additionally, the attorney will advise the client on what to do in the interim before there is a decision. This includes giving advice on making statements and other conduct while the process is playing out. The client must refrain from doing things to make the situation worse.

Working Through the Legal Process

One of the big things that a medical license defense attorney does is to negotiate. They will negotiate with licensing boards or regulatory agencies to get a favorable result for their client. This can include things like mitigation of disciplinary actions or settlement agreements. 

If they are unable to negotiate, they will help a client with administrative hearings. Clients must be well-prepared for these hearings. This means preparing the client for when they give testimony and for when they are cross-examined.

If things do not go favorably for the client, not all is lost. The attorney can file an appeal on behalf of the client. The attorney will be responsible for drafting the appeal paperwork and arguing the appeal.

Protecting the Future

If the medical professional is able to retain his or her license, the attorney’s job is not complete. It is important for the medical license defense attorney to explain to the medical professional how to remain in compliance. They will assist the client in implementing corrective actions or compliance measures to address any underlying issues that led to the disciplinary action or could lead to future problems.

Contact a Medical License Defense Attorney Today

The prospect of losing your medical license is scary. It can mean loss of income, loss of reputation, and so much more. Do not leave your future in the hands of an attorney unproven in the specific area of medical license defense. Contact a seasoned medical license defense attorney today.