Frequently Asked Questions
Here are a few of the more frequently asked questions we receive, and our answers.
We've been servicing the South Bay and surrounding areas for over 60 years, so it's safe to say that we've dealt with a lot of different scenarios and situations, in and out of the courtroom.
If you have a question that we haven't addressed here, please send us a note on our contact form and we'll get back to you as soon as possible, or call us directly at 310-792-1315.
General Questions
Q: I received a mailed brochure and letter from you. How did you get my name?
A: You have probably received notice from the Board of proceedings against your license, although you may not have received that notice yet. Every month, we secure from many state agencies the names of those licensees against whom disciplinary proceedings have been filed.
Q: Why do I need an attorney?
A: Legally, you don’t. However, after Donald Brown’s 64 years in practice, he can assure you this is not a do-it-yourself situation. Legally, you can remove your own appendix, but we wouldn’t recommend it. There is absolutely no substitute for the skill and knowledge acquired over 60 years of successful law practice.
Q: The Attorney General says I don't need counsel. Do I?
A: Absolutely! We constantly hear from our clients who took the Attorney General’s “advice” and didn’t hire administrative counsel at the beginning of the case only to get revoked at a hearing due to handling the matter on their own, or who reach a poor settlement and don’t realize it. Even if your administrative hearing is a few days away, give us a call–there are ways to avoid going into battle on your own–and almost certainly getting revoked.
Q: What about costs? What are your fees?
A: We provide a free initial office conference to discuss your case and our fees. After we interview you, we can quote you a fee, payment terms, etc. Every case is different, so fees vary, but we keep our fees reasonable and do our best to work with our clients so that we can help them, despite financial challenges that occasionally arise.
Medical Board Defense
Q: What happens after I receive a formal Accusation document from the Medical Board of California (“MBC”)?
A: Receiving a formal “Accusation” document from the Medical Board of California (“MBC”) will be sent to you both by regular and Certified Mail. This is the first formal notice most doctors receive of the Board’s intent to try to revoke their medical license. Yes, this is a scary thing to receive, especially if you’re truly not expecting it, but our firm deals with these matters every day, and has for over 20 years. You will receive a document along with the Accusation called a “Statement to Respondent” which includes very important information, such as the requirement that you file a “Notice of Defense” within 15 days of service of the Accusation on you, as well as other important information. The “Notice of Defense” form you can fill out is also included, but we strongly recommend hiring our attorneys at this phase to protect your license, as we have our own legal papers we file on your behalf that not only protect your license, but put the Board and its attorneys (the California Attorney General) on notice that you’re being aggressively defended by one of the top firms in this field. It also lets the Attorney General know that since you have our office as counsel, they may not contact you directly, potentially avoiding major harm to your defense. It is critical to have us file your responsive documents at this phase, as you can seriously harm your license if you don’t, including a possible “default revocation” being taken by the Board if you don’t respond timely. This is just one reason why retaining an attorney early in the case is critical. Learn more on our Medical Board License Defense page
Q: Can I lose my California medical license if I’m arrested or charged with a crime?
A: In a word, yes. Though it’s obviously very important how your criminal case plays out—dismissal, reduction in charge level via a plea bargain, jury verdict, etc., the mere filing of a felony against a physician triggers a reporting requirement to the Board. Failing to report such a filing within 30 days can subject you to discipline on that simple omission alone. Allegations involving medical negligence, moral turpitude, substance abuse or fraud are especially serious and must be handled by an experienced healthcare attorney, such as those at Brown & Brown. A proactive defense strategy is crucial at this stage and retaining counsel at this time can mean the difference between keeping, or losing, a medical license. Visit our Administrative Discipline and Criminal Defense page for more on how we protect your license when criminal matters overlap with Board discipline.
Q: Do You Handle Related Matters?
A: Yes. Primarily if they are related to licensed professionals, such as federal criminal MediCal fraud defense, state criminal defense cases, third party payor, etc. There is very little in this field of licensing/disciplinary matters that we haven’t handled. Attorney Adam B. Brown also handles serious personal injury matters on the plaintiff’s side, with his first jury trial (resulting in a significant verdict for his client) in July of 2011. Learn more about our wide range of services on our Healthcare License Defense page.
Pharmacy Board Defense
Q: How does the California Pharmacy Board investigate complaints against pharmacists?
A: The California Board of Pharmacy usually begins an investigation when it receives a complaint. That complaint can be filed online and can be anonymous or may identify the complaining party. It may be filed by your employer, a patient, a fellow pharmacist, a physician or many others. The Board will typically then send you a letter notifying you that the complaint has been received and asking you for your response. This is a very important time to retain counsel, as we draft these responses to nearly all California Boards and agencies daily. We know what to include, what not to include and how to word the response most favorably to you and your license. The letter may also request that you complete an “Authorization” for your medical, work or other records and consulting with our highly experienced attorneys to decide whether to sign this vital document is extremely important. The Board may also send an inspector into your pharmacy to conduct an inspection. This can be a very stressful experience for a pharmacist and is one you should not handle on your own. Our experienced attorneys have dealt with hundreds of such situations and we can definitely protect you and your license if you find yourself facing an announced or unannounced inspection. See more on our California Pharmacy License Defense page.
Process & Timelines
Q: How long does a Medical Board or Pharmacy Board license defense case typically take?
A: This can vary greatly, depending on the facts of your case and how quickly the Board performs its investigation. Other factors that can greatly affect the time to resolution are whether you decide to go to an administrative hearing before a judge or settle the case. Cases of lesser complexity, or those where the facts are not seriously disputed, can resolve in 1–3 months or so, while more complex cases that are highly contentious can take a year or more. Also, petitions for reinstatement cases before the Medical Board are currently taking approximately one year to be heard. Thus, it’s very important to hire counsel as early in the process as possible. Explore details on both our Medical Board Defense and Pharmacy Board Defense services.
Settlements & Post-Settlement Options
Q: Can you help me even if I’ve already signed a Stipulated Settlement?
A: Yes, but it becomes more difficult at this phase, since when you sign a settlement agreement with the Board, you agree that you will not withdraw that agreement while the Board decides on whether to “adopt” or approve it. If you haven’t yet signed the settlement agreement and are considering whether the settlement you’ve reached with the Board is in your best interests, our attorneys can immediately review it for you and provide crucial feedback that may drastically improve the result for you and your license. In fact, we’re asked to do this all the time. Let our decades of experience in negotiating the best possible deals for our clients work for you. Learn more about how we guide professionals through settlements on our Healthcare License Defense page.
Risk Factors & Public Records
Q: What are common reasons healthcare professionals lose their licenses in California?
A: Frequent reasons for this include serious criminal convictions, medical negligence, poor charting resulting in harm to a patient, failing to respond to an Accusation due to not keeping one’s mailing address current with the Board, “805” reports of loss of privileges by an issuing hospital, medical malpractice settlements or judgments against a physician and even poor performance on a Board-ordered physical and/or mental examination can result in the loss of a professional license, among many others. Our vast experience with all of these matters is what gets our clients the results they receive. It’s why you should call us today for a free consultation if you find yourself facing such a situation. Learn more about our defense approach on our Healthcare License Defense page.
Q: Will my disciplinary record be made public if the California Medical Board or Pharmacy Board takes action?
A: In most cases, yes. Each agency publicly posts its “internet retention policy” online and this should be consulted to determine what your Board’s disciplinary retention policy is. Obviously, the posting of discipline online can quickly bring a career to a halt, so these considerations must be discussed with one of our highly experienced attorneys to best understand all the possibilities. Of course, our attorneys may be able to have the matter withdrawn, or the file closed, thereby avoiding any posting of discipline at all. Call us today to discuss an aggressive defense for you, or contact us directly through our Contact Us page.
Investigations vs. Formal Accusations
Q: What’s the difference between an internal investigation and a formal accusation from a licensing board?
A: An internal investigation (often conducted by the Department of Consumer Affairs (“DCA”)) is a key way the Board gathers facts before deciding whether formal discipline is appropriate. A formal “Accusation” is a document the Board/agency files after an investigation leads the Board to believe that a serious violation of law or professional standard(s) of care has/have occurred. Appropriately responding to the Board in the investigation stage can mean the difference between the nightmare of a revocation proceeding and minor to no discipline at all. We’ll be happy to discuss all of this with you during your free initial consultation. Learn more on our Healthcare License Defense page.
Q: Do I need a lawyer if I’m innocent and have nothing to hide?
A: Yes—even moreso! Even if you’ve done nothing wrong, the statements you make to investigators or others working for the Board can often be twisted around to make them appear as damaging to your license as possible. It’s the same as in a criminal case—we don’t want you to EVER speak with the Board or its investigators, unless you must during an investigative interview (with counsel present!), so having a strong legal defense if you’re innocent is extremely important. Our experienced attorneys know these situations well and work very hard to protect your rights and your license from unsubstantiated allegations the Board may think are worth pursuing. We often remind judges at trial that the Board’s mission is not to punish, but to protect the public. Learn more about our approach to aggressive defense on our Administrative Discipline and Criminal Defense page.
Consultation & Contact
Q: How do I schedule a free, confidential consultation to discuss my case?
Give us a call, chat with our representatives online or complete our contact form on our website to schedule your free consultation. We’ve seen it all in our field and are certain we can help you from the first discussion. There is no pressure ever put upon you—only a sincere desire to protect you and your license at all costs. Call or email us today and protect your career with the best defense firm there is. Schedule now via our Contact Us page.