As a licensed podiatrist in California, your reputation is critical to the success of your healthcare professional practice. Therefore, when you face an investigation or possible disciplinary action from the California Board of Podiatric Medicine, you should talk to a proficient license defense attorney. At San Jose License Attorney, we understand the resources, dedication, and time you have put into becoming a podiatrist. Therefore, we will utilize our experience and knowledge to safeguard your career and livelihood.
Podiatrist Functions
With the current rise in the number of individuals with diabetes, obesity, and senior citizens, the services of podiatrists are in high demand. These healthcare professionals conduct routine checkups on these patients and administer complex procedures like surgery to improve patient health and quality of life.
To practice podiatric medicine in San Jose, you must undergo extensive training and practical skills to obtain a license that allows you to practice. A permit is necessary for you to offer services in the private sector, public sector, or military, where your services are highly sought. Before issuing you a license, the licensing organization ensures that you possess the necessary skills and experience to administer anesthesia and treat sprains, arthritis, wounds, and foot disease without jeopardizing the safety and health of your patients. These health problems you commonly address are prevalent among people with diabetes, obesity, or the elderly. With the rise in population of individuals in these categories, your role is pivotal in society’s health, hence the need for your licensing body to ensure you possess the skills to offer high-standard services.
Despite your critical role, a small error, an exaggerated complaint, or a false accusation can put your permit at risk. If the board substantiates the claim against you, you risk disciplinary action like a citation, fine, license suspension, or cancellation.
If a complaint has been lodged against your podiatrist license, all is not lost because you can fight the allegations for a fair verdict. At San Jose License Attorney, we can defend you against any form of complaint or disciplinary action to preserve your license and ensure you perform your professional duties to keep society healthy.
California Podiatric Medicine Board Mission
The mission of the California Board of Podiatric Medicine is to safeguard the public and patients consuming your podiatric medicine services. Further, the licensing organization regulates podiatrists in the state. The organization achieves its mission by restricting license issuance to only qualified and trained podiatrists. After issuing licenses, the agency has an additional mandate to ensure licensees adhere to board rules and regulations. Licensees who engage in violations or professional misconduct risk disciplinary measures, which sometimes can be career-ending.
So, when the licensing body serves you with an investigation notice or complaint against your healthcare professional license, you should seek legal guidance from a proficient permit defense attorney. The board issues podiatrists with licenses to protect the public and maintain high standards. Therefore, you should know they are not on your side when they notify you of an investigation or accusation. Their decision aims to protect your services' public and consumers, meaning they will not be on your side. They will be on the side of the public, but this does not mean the agency will work against you. They only want to ensure you uphold the high standards required in this healthcare profession, even if it means suspension or canceling your license.
Now that you know the podiatric medicine board is not on your side, retaining the services of an attorney with knowledge of these cases will be instrumental in helping you maintain your license and keep practicing. An experienced legal representative understands that your permit hangs on the balance and will work hard to prevent unfair disciplinary measures by the licensing body in their efforts to safeguard the consumers of your services. The right defense lawyer will help you gather all the evidence required to shift bias from the licensing organization and demonstrate that you uphold your practice’s rules.
Common Accusations You Can Face as a Podiatrist
The podiatric medicine licensing board can complain about you for multiple reasons. The common accusations you can attract in podiatric medicine are:
Incompetence
Substandard services are the primary reasons a patient, a patient’s family, or a coworker can accuse you of incompetence. As a trained and certified podiatrist, you must provide high-quality care and satisfy the board’s professional standards. Anytime you fail to meet these standards by maintaining inaccurate patient records or not performing a necessary procedure or treatment, it amounts to incompetence and leads to accusations or complaints. Improper communication with patients or their families regarding the patient’s illness can also attract incompetence allegations.
Negligence
Sometimes, incompetence or failure to maintain the requisite high standards in podiatric medicine can result in personal injuries. When your patients sustain injuries because of a procedure or treatment you have administered, you risk negligence allegations. The common negligence allegations podiatrists face are for leaving medical tools inside patients, poor post-surgery care, improper anesthesia administration, post-operative infections, and nerve damage.
Engaging in Fraud
Another common complaint in podiatric medicine is fraud. If you engage in fraudulent billing, like charging patients or their insurers for treatment not provided, billing for more costly procedures or treatments than you offered, or falsifying patient records, you risk an investigation and possible disciplinary action by your licensing body.
Having a Criminal Conviction
You could face an investigation from the podiatric medicine body if you or someone, including the authorities, reports to the board an existing criminal conviction that substantially relates to your profession and one that could hamper your capacity to safely and professionally deliver podiatric services. The crimes whose convictions can result in a complaint against your license include DUI, engaging in inappropriate sexual conduct with your coworkers and patients, and workplace alcohol or drug addiction or abuse.
Failure to Maintain Adequate Supervision
As a podiatrist, your licensing agency expects you to sufficiently supervise your assistants and other medical professionals working under you. When you fail to maintain proper supervision and these assistants engage in negligence or incompetence, you will be equally liable for their actions or inactions. You can face an accusation or complaint from the board. Your accusations are based on the legal principle of vicarious liability. Per the principle, a master is liable for the actions of agents working under their supervision.
Common Defenses to the Accusations
Accusations against you from the podiatric medicine board are not hopeless. Just because you have been served with an investigation notice does not guarantee the board will withdraw your license or impose other disciplinary measures. You still have a right to defend yourself and challenge the accusations to prove you did not engage in any violation. The type of defense you mount depends on factors like violation type, whether the patient sustained harm, or the breach’s severity.
You can counter the accusations by asserting that the board or the attorney representing the licensing body lacks sufficient evidence to warrant disciplinary action. You can use this defense if the allegations are backed by hearsay or incomplete proof. Evidence like this does not attain the evidentiary standard the licensing board demands before imposing disciplinary measures.
Similarly, you can assert that the investigations by the organization issuing your permit were improper. If the procedures used to obtain the evidence against you in the administrative hearing are flawed, the evidence gathered in the investigations is inadmissible in the proceeding. If you can demonstrate these flaws, the ALJ will dismiss the case, or the attorney representing the board will offer a favorable deal in exchange for a settlement to avoid a hearing they are likely to lose.
When you face negligence accusations, you can counter the claims by proving that the alleged victim did not suffer harm. Also, you can prove innocence by demonstrating that the injuries do not stem from the treatment or procedure you provided. Even though these arguments will not necessarily have the case dismissed, it can result in a more lenient disciplinary measure that does not involve the loss of your practicing permit.
Lastly, when you face an incompetence complaint, you can admit that the alleged incompetence happened but have taken the necessary steps to remedy the situation. You can argue that you have enrolled in an additional professional training program to better your skills, are participating in continuing education programs to stay up to date with the latest procedures and medical tools, have sought counseling or drug treatment for your addiction problem, or have made adjustments in your practice to comply with the board’s high standards.
Standard Disciplinary Measures You Could Face
Your licensing organization considers several aspects of your case before imposing disciplinary measures for your violations. These factors include the severity of your violation, whether you obtained injuries, and the nature of your crime.
When found to breach the board’s guidelines, you risk severe penalties, some lenient and others career-ending.
The lenient or less severe disciplinary actions the board can take against you are the imposition of monetary fines, citations, or reprimand letter issuance, which can be public or private. Even though these penalties allow you to retain your professional permit, they appear on your professional record, and this could hurt your reputation, making it difficult to secure employment or attract patients to your practice.
If it is your first violation or mitigating circumstances are present in your case, the licensing agency can revoke your permit but put a stay on the revocation by placing the license on probation. The advantage of the stay of revocation is that you continue practicing under strict conditions. You will retain the license when you abide by the probationary conditions throughout the probationary period. However, the board will impose the initial revocation if you violate the probationary terms.
License suspension is a severe disciplinary measure because it bars you from practicing for the suspension period. You cannot seek employment, and if you are already employed, you will lose the job because your employer will not risk working with an unlicensed podiatrist. If you run a practice, a suspension means you will close down your business until you apply for reinstatement, when the suspension period ends.
A revocation is the harshest punishment you can face for a violation. Revocation means the board cancels your license, and you will likely never practice again as the board does not give a timeline for the cancellation. Losing your license is devastating because you must start afresh in another field.
License Defense Timeline
You have fifteen days upon receipt of the investigation notice or formal allegation to file an answer. Failure to respond within the timeline means the licensing organization will continue with the adjudicative process as usual. Because there is no defense, the proceeding will result in automatic disciplinary measures.
You do not want to face punishment from the board without putting up a fight. Therefore, when you receive a notice, speak to a profound attorney with experience defending people in your profession. The attorney will ensure that you respond to the allegations on time to give you a chance to protect your license and give your side of the story to avoid penalties.
License Reinstatement After Revocation
Even though license revocation is permanent, a reinstatement is possible with proper planning and legal guidance. However, you need an attorney to assist you with the reinstatement process and submit compelling evidence to increase the chances of permit reinstatement.
The first step in the reinstatement process is filing a petition with the board requesting a hearing. Your attorney will help you prepare for the proceeding to build a case that will convince the board you are rehabilitated.
In the hearing, you must submit proof showing that you have made significant strides in fixing the previous mistakes that led to the revocation of your podiatric medicine permit. You can achieve this by presenting as evidence certificates of additional training, rehabilitation, and continuing education programs.
Lastly, before license reinstatement, you should show that you are fit to continue practicing and can maintain the high standards required in podiatric medicine.
Find a Competent Podiatric Medicine License Defense Attorney Near Me
The number of people who have diabetes, obesity, or are injured in the military is on the rise. Life expectancy has also improved, leading to a large population of senior citizens. As a result, the demand for healthcare professionals with knowledge of podiatric medicine is rising to ensure these patients receive the medical attention they require to stay healthy. Unfortunately, despite your hard work and sacrifice to obtain a podiatrist license and address the demand for these experts, a minor complaint can result in disciplinary action. We can fight the San Jose License Attorney complaint and protect your career. Contact us at 408-850-3740 for a no-obligation consultation.
