Administrative Law Topics: Investigations / Complaints

Family Practice Doctor Cleared by Medical Board of Overprescribing

On May 14, 2014, a California Family Practice physician received a Medical Board of California investigative inquiry following the death of a young adult patient from a poly-drug overdose while the patient was in-patient at a residential facility to treat Methadone addiction and related issues.  The Medical Board requested the patient records and a formal, written statement from the physician detailing all care provided to the deceased patient.

Board of Registered Nursing Closes Investigation of Delayed Medication

The Board of Registered Nursing investigated our client's role in treatment of a hospital patient after a malpractice settlement.  Our client was one of several nurses involved in the patient's treatment.  The malpractice lawsuit alleged professional negligence against the treating physicians and hospital.  One of the allegations was that the administration of a single medication was delayed.  The hospital settled the case and allocated a small percentage of responsibility to our client without the nurse's knowledge.  Years later, a Special Investigator from the Board of Registered Nursing

Acupuncture Board Closes Investigation of Patient Sex Complaint

The California Board of Acupunture investigated our client because of a complaint that the Acupuncturist had sexual relations with a patient. California law prohibits acupuncturists, physicians (doctors), dentists, chiropractors, psychologists, psychiatrists, psychotherapists, nurses and other health care professionals from having sexual relations with patients.  (California Business and Professions Code Section 726.) 

California Anesthesiologist Defends Patient Complaint

One of our administrative law clients received an inquiry from the Medical Board of California regarding a patient’s complaint alleging over-anesthetizing and improper care related to surgery. 

MEDICAL BOARD COMPLAINTS: WHAT EVERY PHYSICIAN SHOULD KNOW

A letter from the California Medical Board arrives at a physician’s office. It informs the doctor that a patient (or family member) has filed a complaint. The letter demands a certified copy of the patient’s medical records and requires the physician to submit a written statement of care in defense of the complaint per Bus. & Prof. Code § 800 (c). A two week deadline is usually imposed--not long for a physician with a busy practice. What should the doctor do? Does he or she need an attorney at this point?

Nurse Arrested for Domestic Violence Receives Citation

An RN arrested for domestic violence received a citation from the California Board of Registered Nursing. 

California Physician Cleared of Negligence in Medical Board Investigation

A California physician received a patient complaint to the Medical Board of California alleging that the doctor had refused to provide the patient with proper pain medications, improperly refused to change medications when the patient had an adverse reaction, ignored test results, and refused to provide proper testing to diagnose and treat the patient's injury.

Avoiding Sexual Misconduct for California Doctors

Stephen M. Boreman appears in the October 4, 2012 issue of Neurology Today speaking on the subject of sexual misconduct and physicians. He provides expert advice on navigating physician-patient relationships safely. Steve was interviewed by Dr.

How to Respond to Board of Acupuncture Investigations

Investigations for the California Board of Acupuncture are handled by the Division of Investigations of the Department of Consumer Affairs.  An investigation usually starts with a telephone call or letter from the investigator.  The best course of action is to have a license attorney promptly respond on your behalf.  Sometimes, the investigator will start asking questions during the first phone call.  Rather than answering questions, we recommend that you ask what the investigation is about and inform the investigator that you plan to cooperate with the investigation after retaining

Avoiding Denial of a California Medical License by Withdrawing the Application

Medical license applicants in California may have the option to withdraw their applications before a final license denial.  Here is how it works:

The process starts when a medical resident or physician licensed in another state (or foreign jurisdiction) applies for a medical license in California.  The license application is made to the Medical Board of California where a medical license is formally called a physician and surgeon’s certificate.