Representing Doctors, Nurses, and Health Care Providers in Medical Board Hearings
If you are currently at risk of having your medical license suspended or revoked, you’re probably feeling both defensive and terrified. You might also be surprised and maybe even embarrassed. You aren’t alone.
As a medical professional, you’ve worked very hard for many, many years to get where you are today. Throughout the journey, you have cultivated a reputation and standing within your community — not only among your patients and peers but also your family, friends, and everyone you know.
Having your professionalism and ethics called into question can put you in an uncomfortable spotlight.
More to the point, losing your medical license — even temporarily — can utterly destroy a medical career, no matter how well established it is. And it can all develop out of something that seems incredibly minor.
Medical license revocations almost never begin with the act of revocation itself. Rather, it might begin with a patient complaint, a CMS or financial audit, an investigation involving someone else who works in your practice, a DEA discrepancy, or simply a request for information.
Whatever your situation might entail, as medical license defense attorneys, we cannot emphasize this enough: do not take lightly any request, complaint, or notice from the state medical licensing board — and do not approach a medical board hearing alone.
Too many doctors, pharmacists, and nurses have lost their licenses because they assumed the medical board would decide in their favor. On the contrary, you should assume the board will view all the facts in the light least favorable to you, and then proceed accordingly.
At Oberheiden & McMurrey, LLP, we have successfully kept numerous health care providers in practice, defending their licenses and reputations against even the most serious allegations.
When you hire our medical license defense firm, we can handle each aspect of your case. Every decision you make, every item of information you provide, and every response you file matters. Do things the right way, at the right time, with the right strategies in your defense. Hire an experienced medical license defense attorney at Oberheiden & McMurrey, LLP as early in the process as possible.
It is very clear to me that Nick Oberheiden has a deep understanding of health law issues. Nick has been instrumental in managing and resolving many difficult legal matters. He is always relentlessly focused on the critical issues that matter most. Nick is very dedicated and available and always displays a high degree of professionalism. I would not hesitate in recommending Nick for the most important of legal matters.
-Chris (Firm Client)
Our experience with Nick Oberheiden was overwhelmingly positive! We recently brought a range of complex legal issues to the table, which they responded to with a systematic, prudent approach. Throughout our work together, Oberheiden & McMurrey, LLP served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply, the best!
-Vince (Firm Client)
Board of Medicine Complaints & Administrative Complaints
If you have received an administrative complaint, or any complaint from the state medical board, you need to take immediate and proactive steps to begin safeguarding your career.
Upon receiving the complaint, you should assume the board already has cause to believe that disciplinary action might be warranted against you, including possible suspension or revocation of your license.
Indeed, issuing a formal complaint is the first step the board must take to revoke a license. For that reason, you should talk with an experienced medical license defense lawyer as soon as possible.
Drug diversion happens when a health care provider misappropriates a controlled substance or provides it to the wrong person. Common examples include:
- An error in the Pyxis system
- Accidental mistakes made when disposing of medications
- Mix-ups in files
- Theft of medication by someone working in your clinic
- Theft of a prescription pad by a nurse or assistant
- Forged prescriptions
- Using the clinic’s or hospital’s medical supply to feed one’s own addiction
Drug diversion is a crime and carries serious penalties. Unfortunately, prosecutors sometimes blow innocent mistakes out of proportion, and a simple office error becomes a criminal case. Our office works to keep that from happening, to defend your freedom if it does, and to represent your interests in any medical licensing hearing that might arise as a result.
DUI / DWI (Driving While Drunk or Drugged)
A DUI is bad news for health care professionals. But it doesn’t have to be a worst-case scenario. Too many doctors and nurses simply accept the terms of their medical licensing board, however onerous or invasive they might be, in a desperate attempt to keep their licenses. Some end up losing their license anyway.
While we cannot guarantee a particular outcome in advance, by hiring a health care defense lawyer to handle your DUI, you can significantly improve your chances of a best-possible scenario. We fight to get our clients the very best outcome, including in many cases an outright dismissal.
Impairment Issues (Substance Abuse, Positive Drug Test, Impairment Programs, Etc.)
Mere whispers of a rumored alcohol or substance addiction can lead to drug tests, requests for information, searches, and full-blown investigations. A positive drug screen may result in the immediate suspension of a medical license. But an attorney can help.
License Revocation Due to Failure to Treat, Medical Malpractice, or Breach of Care
Health care providers are held to an incredibly high standard of care. But not all medical mistakes amount to malpractice, a breach of duty, an ethical infraction, or a violation of the health care code. Licensing issues often stem from an alleged failure to treat or other concerns about adequate provision of care.
It is important that you work with a medical license defense team well versed in health care law and state / federal regulations. Health care defense is our principal area of focus at Oberheiden & McMurrey, LLP. We encourage you to contact our office before responding to a complaint for your medical board (but do not delay — timely responses are critical).
Difficulty Obtaining a Medical License
If you have experienced ongoing denials or delays in trying to obtain a medical license for the first time, our office may be able to help. Even as an unlicensed medical professional, you have rights. In many cases, simply having a knowledgeable advocate in your corner can make all the difference. Please give us a call to review the facts of your situation so we can make a determination as to how we might be able to help.
Which Types of Medical Licenses Can Your Firm Handle?
We have experience representing a wide range of health care providers in a variety of licensing matters, including but not limited to:
- Nurses, assistants, and nurse practitioners (RN, NP, LPN, APN, ARNP, etc.)
- Physician’s assistants
- Physical therapists
- Radiology technicians
We are available to represent virtually any kind of medical care provider. Please do not make assumptions about your legal rights or options until you talk to us.
Who Are the Medical License Defense Lawyers on Your Staff?
Dr. Nick Oberheiden
Dr. Oberheiden is an internationally educated health care defense attorney. He has successfully represented numerous white-collar professionals in high-profile civil and criminal cases, including:
- Health care executives
- Medical business owners
- Public officials
- And many more
Of course, Dr. Oberheiden is no stranger to the news camera, having served as a legal contributor for media outlets, including his appearance on “60 Minutes.” In addition to his health care defense practice, Dr. Oberheiden leads internal investigations for corporations, implements corporate compliance programs, and has taught U.S. criminal law and federal litigation in the United States and abroad.
Glenn A. Harrison
Mr. Harrison is a former Special Assistant United States Attorney, a former Department of Justice Trial Attorney, and a former federal prosecutor. He is well known for his skills as a health care litigator inside and outside the courtroom, and he has personally overseen numerous high-level, complex cases involving health care law.
Lynette S. Byrd
Ms. Byrd is a former Assistant United States Attorney (AUSA) for the federal government, where she worked on a number of high-profile and complex health care cases. Today, she puts that experience to work for health care clinics and practitioners facing government investigations, including medical licensing disputes. She is seasoned litigator.
Bill C. McMurrey
Mr. McMurrey is a former Department of Justice trial attorney, a former Assistant United States Attorney, the former Lead Prosecutor for Criminal Health Care Fraud, the former Health Care Fraud Coordinator for the North District of Texas at the U.S. Department of Justice, the former Assistant Attorney General with the Texas Attorney General Office in the Criminal Enforcement Division, and a former Briefing Attorney to Justice W.C. Davis. His primary practice areas are government investigations involving health care law.
Get Good Advice on Your Side. Contact Oberheiden & McMurrey, LLP Right Away.
If you are concerned about disciplinary action from your state’s board of medicine, you should take immediate action to protect your legal interests. Please contact Oberheiden & McMurrey, LLP as soon as possible.
We are pleased to offer free consultations. To speak with a medical license defense lawyer, please call (888) 727-0472 or contact us online today.