Medical License Defense
Vigorous Nationwide Legal Defense for Physicians and Medical Care Providers
If you are facing the potential loss of your medical license, now is the time to fight to save your reputation, your livelihood, and your career.
You’ve worked incredibly hard to get where you are. Physicians and health care providers are some of the most studious, accomplished, and noble professionals in the world. You’re among them, and by virtue of the years you’ve invested in achieving your goals, you deserve to be.
Even after your many years of college, medical school, residency, medical board exams, and investing in your job or business, the government has the power to take it all away.
This can happen through your licensing board, the state government, or the federal government. These entities perform investigations that can result in disciplinary actions, or federal criminal charges that automatically trigger suspension or revocation of your license in your state.
Whatever the case may be, you deserve vigorous and highly strategic legal representation to protect you against any such overly aggressive government action.
At Oberheiden & McMurrey, LLP, we work every day to protect physicians and medical professionals from governmental investigation and disciplinary proceedings.
Because our clients are esteemed white-collar professionals, who are often seen as pillars of society, our job goes beyond defending against civil and/or criminal penalties. Our goal is also to fight to protect our clients’ reputations, to preserve their good standing in the medical community, and to keep their medical licenses active and intact.
An experienced medical license defense attorney can advance legal arguments in your defense, and counter the aggressive tactics of agencies like:
- the CMS,
- the DOH,
- the DEA,
- the OIG,
- the HEAT Strike Force offices,
- third-party government contractors (e.g., MAC and RAC auditors, ZIPCs, etc.), and
- other governmental entities.
Losing your medical license rarely begins with the formal revocation itself. Rather, in most cases, the process starts with something that seems minor or innocent – a routine audit, perhaps, or a letter requesting some basic information. In fact, the information the government asks for might not even be about you. You might only be a witness in an investigation into someone else’s conduct. But so often, witnesses or incidental parties end up becoming the targets of investigations themselves — and usually with little or no warning.
Alternatively, you might be facing medical license revocation because of:
- Alleged ethical violations (e.g., positive drug tests, DUIs, impairment matters, failure to complete the requisite CME hours, etc.)
- Medical malpractice
- Alleged breaches of the standard of care
- Health care fraud charges or convictions
- Criminal convictions in matters unrelated to health care
- Legal problems in other jurisdictions (e.g., reporting sister-state convictions, etc.)
- Probation violations
- Financial matters (e.g., failure to make court-ordered payments on certain debt obligations, such as student loans)
- Previous suspension of your license
- Medical disciplinary proceedings (e.g., administrative disciplinary actions)
As experienced medical license defense attorneys, we explore each and every available avenue of defense for our clients. Our goal is to vigorously address and defeat the government’s actions, end investigations, and spare your reputation and career from undue harm.
Don’t risk your medical license by going it alone. Contact Oberheiden & McMurrey, LLP today.
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Drug Diversion Allegations
State licensing authorities take drug diversion allegations extremely seriously, especially in the current climate of heightened awareness toward prescription drug abuse and alleged pill mills.
Whether or not the allegations are true, the mere suspicion of drug diversion can put your license in immediate jeopardy of suspension, especially if criminal charges are filed.
The most blatant examples of drug diversion involve stealing prescription medications from the hospital, writing prescriptions that aren’t medically necessary, or writing prescriptions for personal use or profit.
However, allegations might stem from less obvious conduct. This may include failure to dispose of narcotics in the precise method required by law, accidental errors when using the Pyxis system, or mixing up patient files.
The medical license law defense lawyers at Oberheiden & McMurrey, LLP can provide legal services to doctors, nurses, or care providers accused of drug diversion on two fronts.
- Criminal defense against diversion investigations and charges
- Defense against license suspension or revocation actions by the state licensing authority
Loss of Medical License Due to Criminal Charges or Convictions
Drug diversion isn’t the only criminal charge that can threaten your medical license. In fact, nearly any criminal conviction — in some cases, even misdemeanors — can have an adverse impact on your ability to lawfully practice medicine (or prescribe drugs).
Our firm has helped doctors or care providers who have faced the following issues.
- You are currently being investigated or charged with any crime (whether related to your medical practice or not).
- You have previously been convicted and may lose a professional license as a result of the conviction.
- You have already had a license suspended or revoked due to criminal conviction and wish to appeal.
- You are facing disciplinary action for failure to timely report a criminal conviction.
- You are facing legal matters in one state but are licensed in another (or in multiple other states).
DWI / DUI and Loss of Medical License
Everyone makes mistakes. Driving under the influence of alcohol or drugs is a serious matter. But no one deserves to pay for a single bad decision for the rest of their life. Unfortunately, that’s exactly what happens to many doctors, nurses, and pharmacists who are charged with DWI or DUI.
Ironically, it seems that the harder you work and the more you achieve in life, the harsher the punishment and stigma can be when you make a mistake. As you may know from your own colleagues’ experiences, a DUI can be a life-changing, career-ending event.
As medical license defense lawyers, we fight to minimize any permanent impact a DUI conviction might otherwise have on your ability to practice medicine, or write or fulfill prescriptions in your state.
Positive Drug Test Results
A positive test result for the use of illicit drugs – or even some lawful but judgment or performance-altering medications – can have an automatic effect on your medical license.
If you test positive for drug use during a routine employment drug screen, for example, the result may automatically be reported to the state medical licensing board. In many cases, this will immediately and automatically suspend your license as a matter of policy.
But it is entirely possible to be accused of improper drug use and still keep your license. We have helped many clients achieve exactly that result, even in light of a positive drug test. While every case is different, and we can never guarantee a particular outcome, you should always consult an experienced attorney before voluntarily surrendering your medical license, entering any impairment program, or making any agreements or confessions.
Ideally, you should consult with an attorney who has specific experience in both health care criminal defense and medical license defense. At Oberheiden & McMurrey, LLP, our attorneys are well-versed in both fields, and we provide our services to medical professionals in Texas and throughout the United States regarding federal law germane issues.
Suspensions (Challenging the Suspension of a Medical License)
Suspensions are not the same as revocations, and generally speaking, they can be challenged. But time matters. There is a limited window of time in which to appeal an initial suspension order. An experienced medical license defense lawyer in our office can help you request a hearing to challenge your suspension. We have helped many medical professionals keep their licenses after a suspension.
Help for Providers Struggling to Obtain a Medical License
If you are a medical school graduate who is having difficulty applying for or obtaining a medical license, our office might be able to help.
The most common reasons for difficulty obtaining a medical license are:
- Problems with the law during college, medical school, or in your youth
- Past disciplinary issues (criminal or noncriminal)
- Administrative issues
But these issues do not necessarily have to keep you from ever practicing medicine. You’ve come too far to give up now. Contact Oberheiden & McMurrey, LLP and ask how we can help.
Should You Report Your Legal Problems in One State to Other States?
In many cases, yes. But you should be careful in what you report, when you report it, and to whom you offer the report.
It is essential, of course, that you fully comply with the law. That includes providing notice of legal problems in a timely manner whenever and wherever required. But you should not reveal more than is required of you, especially if divulging too much information could trigger unnecessary legal obstacles or disciplinary action.
It is in your best interest to consult with an attorney to ensure you walk that line lawfully and delicately.
About Our Medical License Defense Lawyers
- Attorney Glenn A. Harrison spent decades as a federal prosecutor, including his tenure as a former Department of Justice Trial Attorney and Special Assistant U.S. Attorney (SAUSA). He has represented the United States government in large-scale health care investigations, and today he uses that experience on behalf of people and entities targeted in those investigations. Mr. Harrison’s record of success on both sides of the courtroom makes him an invaluable advocate for hard-working professionals who find themselves facing suspension or revocation actions.
- Attorney Lynette S. Byrd focuses her practice on civil and criminal litigation, Medicare and Medicaid audits, and general advice and counseling in health care law. She is a former Assistant United States Attorney with years of substantial trial experience under her belt. As both a civil and criminal defense attorney, Ms. Byrd combines her extensive litigation skills with her well-rounded command of federal regulatory and health care law.
- Attorney Bill C. McMurrey has more than 30 years of experience in litigating cases involving health care law and in government investigations involving allegations of fraud or False Care Act violations. He has personally tried and won numerous complex cases in court and has successfully represented physicians, boards of directors, corporations, and others in the face of disciplinary action.
- Attorney Nick Oberheiden has represented medical-industry business owners, executives, public officials, doctors, and other attorneys in health care prosecutions across the United States. Dr. Oberheiden is the managing principal partner at Oberheiden & McMurrey, LLP, where he assists clients in Dallas, Garland, Mesquite, Richardson, McKinney, the surrounding communities — and throughout the country — in federal health care investigations.
If You Are Afraid Of Your Medical License Being Suspended, Contact Oberheiden & McMurrey, LLP Right Away
Don’t risk your career by facing the suspension or revocation process on your own. Get aggressive, experienced legal experience on your side today.
Our lawyers are available 24 hours a day, seven days a week, to talk about your legal matter and how we might help. Please contact us right away.
Compliance – Litigation – Defense