California Medical Board Cracks Down on Pain Doctors

In our busy practice representing all types of physicians before the Medical Board of California (“MBC”), we have noticed a clear bias by the Board against pain physicians.  We believe this is somewhat of a knee jerk reaction to the opioid crisis, but there is clearly an increased scrutiny being placed on doctors who treat pain patients and prescribe needed medications in the course and scope of that practice.

We recently represented a physician who successfully treated a chronic pain patient through the effective use of Ketamine IV therapy, when all other avenues for pain mediation had failed, yet she was subjected to an Accusation filed by the MBC based on that patient’s false allegations.

The point is that an otherwise well meaning doctor who utilizes alternative pain treatment methodologies can be subject to unreasonable and untrue complaints by patients who either are abusing medications or become frustrated when a competent and ethical pain doctor refuses to prescribe the medications sought by the patient.  This leads to possible Board complaints and even civil and/or disciplinary litigation.

What we have found is often the key to a pain doctor lodging a successful defense in such cases is to over document in the chart or EMR.  Our lead trial attorney, Adam B. Brown, has repeatedly tried cases before the Board where if the pain doctor had just charted thoroughly, many of the allegations against him or her would be easily disproven. 

The Board absolutely believes in the tried and true maxim that “If it’s not in the chart, it didn’t happen.”  In fact, the Board’s expert witnesses will almost always testify to this during trial.  It is difficult, therefore, for a pain doctor to rehabilitate his image before the judge when the charting is incomplete or unclear as to what alternative treatments, patient questions, discussions, etc. occurred with a particular patient.

With the advent of AI programs for physician chart dictation, many of our clients have found that much more thorough charting has become easier than ever before to accomplish.  We recommend all our clients, and potential clients, explore these applications to increase charting accuracy and thoroughness.  Doing so can mean the difference between keeping your medical license and possibly losing it.

If you are experiencing any type of discipline, or even an investigation, of your medical license due to pain treatment, prescribing, or any other type of practice issue, our seasoned attorneys can assist you in protecting what you’ve worked so hard to achieve.  We constantly try cases before the Medical Board and know what it takes to win—it’s what we love to do.

Give us a call today for a free consultation and let us protect you and your medical career as a California physician.