After a complaint is filed with the MBC, the formal disciplinary process begins. If an accusation is filed, the potential consequences are dire — up to and including the loss of your medical license. However, in some situations, you may be able to resolve your case without formal disciplinary action.
There are two ways that this may occur. First, the Board may perform an investigation and conclude that the matter has been closed. In this situation, the complaint will remain in your file for a period of 3 years. This is not considered disciplinary action.
Second, the Board may issue a citation with or without a fine. This is usually done for technical violations of the law. A citation is not considered a disciplinary action, but the complaint will be posted on the Board’s website and will remain in your file for a period of 3 years.
While resolving a complaint without formal disciplinary action is not always possible, working with a knowledgeable California medical board attorney can help provide the best defense. Your lawyer may take a number of actions to help you achieve this outcome, such as presenting evidence to the Board’s investigator or a Deputy Attorney General to refute the allegation or to show why the degree of punishment should be reduced. They may also develop a rehabilitation plan to address underlying issues that led to the alleged violation, perform an independent investigation of the allegations, or put together evidence for mitigation.
If you are facing a complaint or a Board investigation, the most important thing to remember is to not give up hope or decide that it’s not worth fighting to protect your license. While it may not be possible to avoid disciplinary action in every case, you can obtain a better outcome with the help of a California medical license defense lawyer. Your attorney can also put you in a better position to go back to the practice of medicine in the future, including by filing a petition for reinstatement on your behalf.