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Attorneys For Medical Board Investigation

In this article, I’ll list competent attorneys for physicians who need help with state medical board investigations. If you’re reading this article, then you know what that’s all about. If you’re new to this topic, the state medical boards can levy hefty punishments on physicians, believing that their heavy hand will bolster the patient-doctor relationship.

The following individual attorneys understand the entire gamut of the state medical board investigation process. They know how to communicate with the licensee physician and how to handle the case properly before the state medical board.

Bookmark this link because I’ll update it anytime I come across good attorneys. If you know of good attorneys, add it in the comment section. If you’re a reputable attorney representing physicians, reach out to me or comment below.

How To Choose a Competent Attorney

The attorney I had for my state medical board investigation was caring and patient and taught me a lot about how to respect the entire investigation process without bending over backward for the state medical board. He explained to me patiently why what I did was wrong and how to think about it to prevent any patient harm in the future. He cared, pure and simple.

Just like physicians, there are far more average attorneys than superb ones. As I’ll describe below, the superb ones tend to have a few things in common. Let’s start with a few questions to ask them and ask yourself.

Don’t be afraid to shop around. The first few conversations may not go smoothly because you don’t know what to expect, what to ask, and you don’t know what you don’t know. Hopefully, you’ve read my ten million articles on my own investigation process and listened to my podcasts about what I went through.

1. How many physicians have you represented in the past year before the state medical board?

An attorney who is familiar with healthcare licensing and board matters needs to handle such cases regularly. They are rather nuanced because the nursing board is very different from the medical board, which is quite different from the pharmacy board.

If someone tells you that they are all the same – you know, admin is admin, you have my permission to hang up on them.

2. Have you dealt with a case like mine before?

Each case truly is different when it comes to these medical board matters but the concepts and themes are in some ways predictable and repetitive.

Your attorney should be able to give you some general examples of similar cases and what the outcomes were. If they haven’t, it’s worthwhile to ask if there are more senior attorneys in the firm who could lend a hand in such cases.

The point is that you want to feel reassured that this professional can represent you effectively.

3. How familiar are you with this state’s medical board?

Your attorney may have to go back and forth with the board’s attorney many times to finalize the consent decree – the settlement. In some cases, you want your attorney to go toe to toe for you even if they risk burning some bridges with their connections at the board.

At the same time, you don’t want an attorney who is so hard-headed that they clash with everyone on the board. Well, in some cases, you need that. Sometimes, your attorney needs to wield a club; other times, they must know to push the board gently to get what you’re after.

The attorney should be able to explain to you this fine balance. It’s an art.

4. I’m worried about downstream consequences from this investigation – can you help me anticipate them? Can you help me mitigate any fallout?

An attorney who cannot answer this for you is a churn-n-burn attorney; they likely never heard back from their clients to know how things developed over time.

A license suspension or probation has major consequences that only an attorney is familiar with. They can tell you which direction the shit ball rolls and how feculent it will be when it hits its target. Your state will differ from mine, so your attorney’s insight is important.

They can help you craft the proper narrative to navigate commercial insurers, CMS, hospital boards, malpractice carriers, etc.

5. After I discuss my case, can you give me a sense of what I’ll be facing based on your experience?

A good attorney is not in the prediction game, but they can give you a sense of what to expect in the best-case and worst-case scenarios. They can help you identify the various variables, how to think about a good tactic, and how to roll with the punches.

It’s understandable to become neurotic during this process and some of you who have reached out to me certainly are going through that. A good attorney should be able to communicate with you clamly and, while charging you for their time, of course, help calm some of your concerns.

6. Who are the attorneys you’ll be dealing with at the state medical board?

It’s nice when your attorney can tell you who the medical licensing board lawyer is (of the DA) and describe their temperament. It should instill a bit of confidence that they know who they are dealing with and how to approach that person and the board as a whole.

Fortunately or unfortunately, many state medical board attorneys are on texting terms with certain attorneys representing physicians.

7. Are you able to represent me throughout the entire process, including if we need to appeal?

My own case got really nasty because the state medical board I was dealing with just wouldn’t cooperate with my attorney. At some point, my attorney felt he couldn’t properly represent me, and I had to move forward with someone else.

You want an attorney who will represent you the entire way. Even if she has to consult another attorney for further steps, you want someone familiar with your case to be involved for as long as possible.

Attorneys for State Medical Board Investigations

Here we go; here is my list, which will be updated as long as this website is up and I have a heartbeat.

1. Jenna Milaeger – Illinois, Arizona

I’ve spoken with Jenna directly, so this is a solid recommendation. I am impressed with how well she communicates, her humbleness, her expertise, and the way she thinks through a problem.

2. Jeff Young – Oregon, Washington

I consider Washington one of the most physician-friendly states. But you always will need an attorney to represent you because you don’t know what you don’t know. I consider Oregon among the worst states for a physician to have a state medical license because of their board. My hearing before the Oregon board was an embarrassment to any board – not even because nobody had read the statement I had written, which my attorney had reviewed.

Jeff is kind, a great communicator, a good strategizer, and he’s resourceful.

3. Jeff Segal – North Carolina, Indiana

Dr. Segal is quite knowledgeable and a pleasure to speak with. His office is licensed in NC and Indiana, and he’s familiar with both state medical boards.

I also recommend him for general advice if you have no idea where to start.

4. Elizabeth “Libby” Scott – Oklahoma

I got Libby recommended as an Administrative and Regulatory attorney for physicians facing state medical board investigations. I haven’t spoken or dealt with her directly, but she is well-recommended.

5. Guillermo J. Beades – New York, New Jersey, Pennsylvania

Guillermo is a partner at Frier Levitt, a boutique law firm. I heard him on a favorite podcast and researched him and he seems to know what he’s talking about.

Like any of the attorneys on this list, if you’re going to work with them you need to know what to ask, how to communicate with them, and advocate for yourself.

Great attorneys are comfortable with pushback and questions. Shitty ones, like shitty doctors, don’t like to have their authority questioned.

2 replies on “Attorneys For Medical Board Investigation”

Attorneys for medical board investigations are rare and not many people fully understand the complexities of the medical system. After reading “Digital Nomad,” I empathize with your situation on one hand, but on the other hand, recognize that these issues are part of a larger systemic problem.

I’ve been dealing with situations like this since medical school. When facing the board, my approach involves visiting the specific board’s website to review past disciplinary cases, which are typically public. I look for attorneys who have represented others in similar cases. When certain names frequently appear, I consider hiring them.

Often, it’s a strategic game. Attorneys who regularly represent the board often have connections or inside knowledge through paralegals who work for the board. If the attorney has the right connections, sometimes money changes hands, and the case may be resolved at the investigation level with no formal complaint filed.

Sometimes, if you are lucky enough, you can get a lawyer who used to work for the board

The right attorney can make or break your case. But they need to be involved early enough and, just like a physician, they’ll have bad days and good days. Some attorneys specialize in professional board administrative law cases and many will be familiar with the members of the state medical board, and like my attorney, have the Board Prosecutor on speed dial. I have a friend who works as such an attorney and he built his connections to that state medical board over time and knows what to expect for the physicians he represents but also doesn’t want to burn his connections with the board. It’s no different than physicians who don’t want to get kicked out of netowork with an insurer when they have to choose what’s right for the patient and what’s right for their career.
This all may sound terrible but in the end the state medical board isn’t trying to destroy physicians. But they do often assume that anyone on their radar must be guilty and they’ll try their best to prosecute. If the physician has enough fight in them they will get the right attorney even if it means having to change a couple of times until they feel they are being fairly represented. And they may have to go the distance like I did with the ALJ in California.
If physicians are adequately scared of losing their state licenses they’ll fall in order quickly and will do what’s asked of them without questioning what is or isn’t right for the patient.

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