Los Angeles Physician License Defense Lawyers

Los Angeles Physician License Defense Lawyers

6 AM. Medical Board investigator on voicemail: “We need to discuss a patient complaint.” OR: Certified mail from the Medical Board of California – an “Accusation” demanding you appear for administrative hearing to defend your license. OR: Your DEA registration just got revoked and now the Medical Board opened a parallel investigation. OR: Your license was suspended overnight – interim suspension order – you can’t see patients starting today. You’re terrified.

Thanks for visiting Spodek Law Group – a second generation law firm managed by Todd Spodek. Our criminal defense lawyers have over 50 years of combined experience defending physicians in Medical Board of California investigations. Todd Spodek has many, many, years of experience handling administrative proceedings and federal cases. We’ve represented clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. We know how Medical Board prosecutors think – because many of us used to be prosecutors.

Before you call that investigator back. Before you miss the 15-day deadline. Before you say anything that destroys your defense – understand this: Your medical license is property protected by the Fourteenth Amendment. Constitutional rights. And the Medical Board DOESN’T want you to know how to use them.

The MBC Investigator Wants to Talk

The voicemail: “Dr. [Your Name], this is Investigator Chen from the Medical Board of California. We just need to clarify a few things about a patient matter. Please call me back at your earliest convenience.” Sounds friendly. Sounds routine. Trap.

What the investigator already knows before calling you: Your full patient medical record for the patient who complained. Pharmacy records showing your entire prescribing history – every controlled substance you wrote for the last 5 years. Hospital peer review notes. NOT protected from Medical Board – despite what hospital lawyers told you. Prior complaints against you. Even the ones that were dismissed. The investigator isn’t calling to “clarify” anything. They’re calling to get YOU to make admissions that prosecutors will use against you at your administrative hearing.

What happens when you talk WITHOUT a lawyer: No Miranda warnings. This isn’t a criminal arrest – you’re not in custody – so Fifth Amendment protections don’t attach the same way. Everything you say goes into the investigator’s report. Prosecutors quote your words verbatim in the Accusation document. You can’t “un-say” damaging admissions later. The classic physician mistake: “I was just trying to help the patient” becomes “Defendant admitted knowing patient was drug-seeking but prescribed anyway.”

Your Constitutional right: The Fifth Amendment protects you against self-incrimination. You have the right to refuse the investigator interview. Invoking your right is NOT evidence of wrongdoing – the Supreme Court held in Griffin v. California that prosecutors cannot comment on your exercise of Fifth Amendment rights. What TO do when investigator calls: “I’m exercising my right to consult with counsel before discussing this matter. Please direct all future communications to my attorney.” Then hang up. Call us immediately.

The Medical Board received 10,000 complaints in fiscal year 2020 and opened only 2,000 investigations – that’s 20%. If they’re calling YOU, they’ve already decided your case has merit. Don’t give them ammunition. According to Medical Board statistics, 30% of investigations close with “no action” at the investigation phase – but ONLY if physicians invoke their rights and hire experienced defense counsel immediately.

The 15-Day Deadline

The Accusation arrives by certified mail. Twenty to fifty pages of dense legal language listing charges against you: unprofessional conduct, gross negligence, sexual misconduct with patient, drug diversion. Buried on page 3, in 10-point font, between paragraphs of legalese: “You have 15 days from the date this Accusation was mailed to file a Notice of Defense with the Medical Board.”

That 15-day deadline is NOT a suggestion. It’s California Business & Professions Code § 2227 – a statutory deadline. Miss it and your license is automatically revoked by default. No hearing. No appeal. Just gone. The Medical Board doesn’t send reminder letters. They don’t call you. They WANT you to miss the deadline. Free win without having to prove their case.

What “Notice of Defense” actually is: A simple 1-page form saying “I contest these charges and request a hearing.” Filing it preserves your right to administrative hearing. Discovery. Cross-examination of witnesses. Presenting your own expert testimony. It keeps your license active during the hearing process (unless they get an interim suspension order). Most importantly – it forces the Medical Board to actually PROVE their allegations by “clear and convincing evidence” instead of just taking your license by default.

The most common reasons California physicians lose their license: Criminal conviction (especially patient-related crimes) triggers automatic minimum penalty of 1-year suspension + 7-year probation. Gross negligence. Deviation from standard of care causing patient harm. Sexual misconduct with patient. Automatic revocation – Medical Board shows no leniency. Drug diversion or self-prescribing controlled substances. Insurance fraud. Medicare/Medi-Cal billing fraud.

The procedural trap nobody tells you: The Medical Board hires physician expert witnesses in your specialty to review your records. That expert’s opinion carries enormous weight with the Administrative Law Judge. Your burden to rebut it with your own expert witness – and expert witnesses in Medical Board cases charge $15,000-$50,000 per case. Unlike criminal cases where prosecutors must prove guilt beyond reasonable doubt, Medical Board only needs “clear and convincing evidence.” Lower standard. Still career-ending consequences.

Can You Keep Practicing?

MOST physicians under Medical Board investigation CAN keep practicing. Your license remains active and valid during the investigation phase and even after Accusation is filed – UNLESS the Medical Board gets an “Interim Suspension Order.” Investigation does NOT automatically suspend your license. You can continue seeing patients. Performing surgery. Writing prescriptions while your case proceeds.

The exception that destroys careers overnight: Interim Suspension Order (ISO). California Business & Professions Code § 2236.1 gives the Medical Board authority to immediately suspend your license if they determine you’re an “imminent threat to public health and safety.” You wake up one morning and your license is suspended – effective immediately – before you get a hearing, before you can present a defense. What triggers ISO: Recent criminal conviction. Especially drug-related. Evidence of active drug diversion with patient harm. Credible allegations of sexual misconduct with multiple patients. Practice while impaired. Drugs or alcohol. Mental illness affecting clinical judgment.

The Constitutional problem: Interim suspension takes your property (your medical license) without due process. You get a hearing AFTER your license is already suspended – but by then you’ve lost hospital privileges, patients have left your practice, your malpractice insurance lapsed. The Fourteenth Amendment Due Process Clause is supposed to protect against this – but courts consistently uphold Medical Board’s ISO authority under the “public health emergency” exception.

Difference between suspension and revocation: **Suspension** is temporary prohibition from practicing. Typically 30 days to 3 years. When suspension period ends, license automatically reinstates. Though usually with probation conditions. **Revocation** is permanent cancellation of your license. You must petition for reinstatement after waiting period. Usually 1-3 years minimum. Reinstatement is NOT guaranteed – Medical Board denies most petitions. If reinstated, you’re placed on 5-7 year probation with practice restrictions: random drug testing, practice monitor reviewing charts, quarterly reports to Medical Board, ethics courses, psychological evaluation.

During appeal of final Medical Board order: Discipline usually takes effect immediately. NOT automatically stayed. You must file petition for stay with Superior Court – and judges rarely grant them. So even if you’re appealing a revocation order, your license is revoked during the appeal process. Which takes 1-2 years.

What Happens Next

After you file Notice of Defense to the Accusation, three paths open: Stipulated Settlement (60% of cases) where you agree to discipline without admitting guilt. Typical settlement terms: 5-7 years probation, practice restrictions (no solo practice, practice monitor, controlled substance restrictions), mandatory ethics course, public reprimand on your license forever. Shows up on Medical Board public license lookup that patients and hospitals check. Administrative Hearing at Office of Administrative Hearings (30% of cases) – this is trial before Administrative Law Judge in Los Angeles at 320 W. 4th Street, Suite 630. Hearing lasts 2-5 days with full testimony, cross-examination, expert witnesses. Medical Board’s expert witness testifies you violated standard of care. Your expert witness testifies you met standard of care. ALJ decides who’s more credible. Default or Surrender (10% of cases) – physicians who miss the 15-day deadline or voluntarily surrender their license rather than fight.

The burden of proof: “Clear and convincing evidence” – higher than civil cases (preponderance of evidence = 51%) but lower than criminal (beyond reasonable doubt). Courts created this middle standard for proceedings affecting “fundamental liberty interests” – and professional licenses qualify. The structural bias: The Administrative Law Judge knows the Medical Board reviews their decisions. ALJs who rule against the Medical Board too often get reversed. Subtle pressure to rule for the Board. This is the administrative state overreach Alan Dershowitz writes about – agency acts as investigator, prosecutor, AND judge of its own cases.

Timeline from Accusation to final order: 6-18 months typically. Discovery phase (3-6 months): depositions of witnesses, expert witness designations, document production. Pre-hearing settlement conferences with Deputy Attorney General (Medical Board’s prosecutors). Hearing (2-5 days spread over 2-3 months). ALJ issues Proposed Decision within 60 days of hearing closing. Medical Board reviews and adopts, modifies, or rejects Proposed Decision (usually adopts it). Final Order issued – effective 30 days later.

Appeal to Superior Court: You have 30 days from Final Order to file Petition for Writ of Administrative Mandamus in Sacramento County Superior Court. Not LA County – must be Sacramento. Limited review – court only checks whether Medical Board followed proper procedures and whether evidence supported decision. Court does NOT re-weigh evidence or second-guess expert opinions. Appeal success rate: Less than 10%.

Reinstatement after revocation: Per Business & Professions Code § 2239, you must wait minimum period (1-3 years) before filing reinstatement petition. Must show rehabilitation: completion of therapy/substance abuse treatment, ethics courses, letters of recommendation from physicians, evidence you won’t repeat violations. Medical Board can deny petition – and they frequently do. Many, many physicians never get reinstated. If reinstated, you’re placed on 5-7 year probation.

Don’t call the investigator back. Don’t miss the deadline. Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group’s only loyalty is to YOU. Call us. 212-300-5196.