Doctors

Physicians, Surgeons, Primary Care Providers

INVESTIGATIONS

Spiga and Associates have successfully represented Physicians, Surgeons and Physician Assistants against investigations by the Medical Board of California and other law enforcement agencies. Every year, The California Medical Board gets more aggressive disciplining Physicians and Surgeons. Disciplinary proceedings can be triggered in a variety of ways but they all start with an investigation. A Physician may receive a Medical Board request for patient records or a call from a Department of Consumer Affairs Investigator. A physician would do well to remember that no matter how friendly, an investigator is not a friend. Even the most innocent questions can have a sinister purpose. You have the right to remain silent. Use it! Often, investigations can be headed off at the pass and disciplinary proceedings avoided, but not without intervention by experienced counsel.

Doctor And Nurse On The Room Of The Patient — Los Angeles, CA — Spiga and Associates

DISCIPLINARY PROCEEDINGS

After an investigation is concluded, the Medical Board will determine whether a formal accusation is justified or some other lower level of discipline. Spiga and Associates intervenes on our client's behalf to deter the filing of an accusation, mitigate penalties and aggressively litigate his or her administrative hearing.

CRIMINAL PROCEEDINGS

Surgeons, Physicians and Physician’s Assistants face unique challenges in the current political climate. In the wake of the "opioid crisis," the Medical Board of California, the Department of Justice and the Drug Enforcement Administration have placed renewed scrutiny on CURES 2 reports. Emergency Care Physicians, Oncologists, and Pain Management Specialists routinely write hundreds, if not thousands, of prescriptions annually for scheduled substances. These areas of practice are rich hunting grounds for investigators, especially if there is an adverse patient outcome.

Never has it been more critical for a Physician to be advised by experienced Criminal Defense Counsel who is also experienced representing Physicians and Surgeons. Lead Attorney, Carlo Spiga brings just such credentials to the table. In addition to his experience representing Physicians in administrative proceedings, Lead Attorney, Carlo A. Spiga is a veteran criminal defense lawyer having tried over 100 cases to verdict. Our experience representing all our clients, but specifically Physicians facing criminal proceedings, is second to none.

LICENSING

Oftentimes, Physicians and prospective Physicians have trouble negotiating the stringent requirements for licensure in California. There are a variety of reasons a Physician may have trouble being licensed: a prior criminal conviction, dismissal from a residency program, denial of licensure in another state, graduation from a foreign medical school etc . . . Whatever the reason, Spiga and Associates have the expertise to help you become an M.D. in California. Call Spiga and Associates

Offenses

(1) crimes of dishonesty, fraud or deceit; or
(2) crimes which are “substantially related” to the medical profession.
The Board may also take action based on “unprofessional conduct,” or certain drug or alcohol related charges. Professional license defense attorneys at Spiga & Associate defend the following medical licenses:
California Medical Board & Unprofessional Conduct

Many professional licensing organizations, including the California Medical Board, reserve the right to take disciplinary action against licensees who engage in “unprofessional conduct,” as defined by the California Business and Professions Code, section 2234:

(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.
(b) Gross negligence.
(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.
An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.

(d) Incompetence.
(e) The commission of any act involving dishonesty or corruption which is substantially related to the qualifications, functions, or duties of a physician and surgeon.
(f) Any action or conduct which would have warranted the denial of a certificate.
(g) The practice of medicine from this state into another state or country without meeting the legal requirements of that state or country for the practice of medicine. Section 2314 shall not apply to this subdivision. This subdivision shall become operative upon the implementation of the proposed registration program described in Section 2052.5.
Alcohol & Drug-Related Charges

For some drug charges, having a skilled attorney on your side can go a long way in protecting your license. In some cases, for example, we may be able to get the charges reduced in exchange for your entry into a rehabilitation program. However, the code has special provisions for charges related to alcohol or drugs, including section 492, which says that the Board may take disciplinary action against a licensee despite his or her completion of certain alcohol/drug diversion or rehabilitation program.

The California Medical Board does not take drugs and narcotics charges lightly. For example, doctors and other healthcare professionals accused of writing invalid or fraudulent prescriptions for controlled substances may face up to one year in jail or prison, or a fine of up to $20,000. The Board can also take action against you for having knowingly made a false statement with regards to your criminal background. Contact us today to make sure you are taking the necessary steps to protect your valuable medical license in the face of alcohol or drug charges.