Disciplinary and Licensing Matters: Medical Professionals
Collora LLP has represented licensed health care professionals before nearly every licensing board in the Commonwealth. While these boards of registration are governed by statutes and regulations, they also enjoy broad discretion in fulfilling their statutory mandates to protect the public and police their respective professions.
We can provide you with lawyers who have an intimate knowledge of each board’s structure, policies, and procedures. The collective knowledge, experience and reputation of our lawyers can provide the critical difference between a positive and negative outcome in a disciplinary proceeding or licensing matter. As in all health care matters, the advice of counsel at the earliest opportunity can also be critical to the outcome.
We are pleased to share with you the following executive summary showing the kinds of clients we have represented in health care disciplinary and licensing matters, the legal issues we have handled for them, the forums in which we have appeared, and some of the representative results that we have produced for them. (For information about our other health care advocacy services, see links at the bottom of this page.)
Clients
Collora LLP has represented many clients in health care disciplinary and licensing matters, including but not limited to:
- Full and Limited License Physicians (both domestic and foreign)
- Psychiatrists
- Psychologists
- Dentists and Dental Directors
- Physician Practice Managers
- Pharmacists
- Opticians
- Nurses
- Chiropractors
- Profusionists
- Physical and Occupational Therapists
- Social Workers
- Treating, Teaching and Research Professionals
Issues
We have successfully dealt with many different issues associated with health care disciplinary and licensing matters, including but not limited to the following:
- Alleged Professional Misconduct
- Alleged Substandard Care
- Alleged Criminal Conduct
- Alleged Immoral Character
- Alleged Conduct Undermining “Public Confidence”
- Alleged Drug or Alcohol impairment
- Alleged Failures to Supervise Conduct
- Problematic Disclosures in Licensing Applications and Reports
- Potential Impacts of Civil Malpractice Claims
Forums
Our lawyers have appeared in many forums for the adjudication of health care disciplinary or licensing matters. We can provide you with lawyers who not only understand the relevant legal issues, but are familiar with the rules, procedures and operations of the relevant forums for judgment and appeal, including:
- Complaint Committees of the pertinent Boards of Registration
- Boards of Registration in Medicine, Dentistry, Nursing, etc.
- Board of Allied Health Professionals (for physical therapists)
- Department of Public Health (i.e., for profusionists)
- Division of Administrative Law Appeals
- Massachusetts Superior Courts
- Massachusetts Supreme Judicial Court (for rights of direct review)
Results
The following summaries are a representative sampling of results we have produced for our clients in disciplinary and licensing matters related to health care:
- Won dismissal of all charges brought by the Board of Registration in Medicine against a psychiatrist for alleged improper prescription of controlled substances to undercover officers after hearing by the Division of Administrative Law Appeals.
- Won dismissal of charges brought by the Board of Registration in Medicine against a psychiatrist accused of sexual assault after hearing by Administrative Magistrate.
- Successfully defended a neurosurgeon who was accused by the Board of Registration in Medicine of performing more than 20 unnecessary surgeries. The Administrative Magistrate for the Division of Administrative Law Appeals rendered a decision in the doctor’s favor regarding each of the surgeries, and found that the Board’s expert witness was biased against worker’s compensation claimants that the doctor had served.
- Obtained full license and limited license waivers of examination requirements for foreign doctors seeking to practice in the Commonwealth on a number of occasions, and resolved prior allegations made against them in order to obtain licenses.
- Successfully responded to numerous complaints filed against physicians, pharmacists, dentists, nurses and other licensed professionals alleging professional misconduct, substandard care or criminal conduct.
- Successfully assisted physicians and other health care professionals in responding to inquiries related to disclosures made in licensing applications and in reports submitted by health care facilities. In many cases, we have persuaded relevant licensing boards that no further inquiry or action is warranted, or that remedial counseling or other remedial action is more appropriate than discipline.
- Protected the rights of many physicians against whom civil malpractice claims have been filed, insuring that physicians get the full scope of protection to which they are entitled under their insurance policies, and providing advice in the civil case to insure that the physician’s license or standing before the Board is not adversely affected if possible.
For more information about other forms of civil advocacy we provide to clients in the health care sector, click on any of the pertinent links below:
For information about our legal representation of health care clients faced with actual or potential government enforcement actions, click on any of the link below:
For more information about other forms of administrative advocacy that we provide to clients, click on any of the pertinent links below.