As a medical professional, you must fulfill all your roles accordingly. Among these roles includes making medical prescriptions for patients after providing initial treatment. Since medical prescriptions should help the patient improve their health, you need to provide accurate and valid prescriptions that do not exceed what is necessary.

Excessive prescribing may endanger a patient’s health and make them more prone to addiction. Based on the potential severe outcomes of excessive prescribing, you risk facing criminal and civil accusations if reported by a concerned patient or colleague. Thus, you want to partner with a legal professional who understands the consequences of excessive prescribing, and how to navigate them.

At The Legal Guardian, you will work with some of the best legal practitioners handling excessive prescribing cases. Our role is to provide all the necessary information you should know about facing disciplinary action for the error. Further, you will receive guidelines on the best strategy to use if you face criminal accusations. Thanks to our years of experience, the team is ready to provide quality legal services for anyone facing excessive prescribing charges in Long Beach, California.

The Nature of Excessive Prescribing Charges

The recent influx in drug addiction cases in California has raised concerns about drug prescriptions, calling for extra monitoring of doctors and how they prescribe. As a result, you as a medical practitioner need to follow the specified guidelines to ensure you issue prescriptions as required. In doing so, you protect your patients from potential overdose and avert any negative attention to your practice field.

If you face any accusations surrounding excessive prescribing, you risk losing your license and receiving a criminal charge, all of which are detrimental to your career. To avoid this, you need to contact a defense attorney as soon as possible to establish the severity of charges you face, and the potential consequences.

Beyond legal consequences, excessive prescribing can also significantly impact, your reputation, and professional standing. Doctors known for overprescribing may have difficulty attracting new patients and struggle to maintain relationships with existing patients concerned about their medications' safety. In addition, excessive prescribing can lead to negative media coverage and public scrutiny, damaging a your reputation and career prospects.

Further consequences include patients' potential harm after consuming more drugs than necessary. When patients are prescribed medications that exceed the medically required amount, they may be at increased risk of addiction or overdose.

Involvement in excessive prescribing may also contribute to the growing problem of prescription drug abuse, which has become a significant public health concern in California and nationwide.

In order to avoid these consequences, you must be careful to prescribe medications only when they are medically necessary and to follow established guidelines for dosing and monitoring patients. You should also be aware of the potential risks associated with certain medications and should educate patients about the risks and benefits of any medications you prescribe.

Generally, excessive prescribing can have a range of negative consequences for you, and understanding the subsequent administrative and legal consequences of your actions is necessary. By obtaining the information, you can equip yourself with strong and relevant defenses that prevent you from suffering the serious negative outcomes of your case.

The Processes Administered to Persons Accused of Excessive Prescribing

While you may do your best to undertake your medical duties correctly, you may still face accusations, making it important to understand better the specific consequences you face, both administrative and legal.

Your attorney’s role is to ensure you are well equipped before facing trial by running background checks on the originating allegations, and meeting with the complainant where necessary to establish that their accusations are true. You may also need to provide information on any details that may help your case to aid the attorney’s legal process.

What to Expect During Administrative Hearings Under Section 725(A) of the Business and Professions Code

Facing an administrative hearing for excessive prescribing is provided for under Secrion 725(A) of the Business and Professions Code. You will be answerable to the medical disciplinary board relevant to your field in California, so you want to begin preparations in advance. Among the most important preparation steps to take is contacting your defense attorney to seek guidance on the subsequent processes.

Some of the best steps to take in preparation for an administrative hearing under Section 725(a) of the Business and Professions Code include:

  • Understand the Allegations Against You

Upon receiving a formal notice of an upcoming administrative hearing for alleged excessive prescribing, you need to understand the charges against you. You should obtain a copy of the complaint or accusation and review it carefully to understand the specific charges that you are facing. By having a good understanding, you can begin discussions with your defense attorney on how to develop your defenses ahead of the scheduled hearing date.

  • Gather Sufficient Evidence

Once you understand the allegations against you, you should gather evidence to support your defense. The importance of having persuasive evidenfe during the administrative hearing cannot be understated, as it helps persuade the disciplinary board of your innocence. Therefore, taking time to identify credible sources is instrumental to your case.

  • Prepare Your Testimony in Advance

As the respondent in the administrative hearing, you can present your testimony and evidence to the administrative law judge. Preparing your testimony in advance is vital to be confident and well-prepared when you take the stand. Your attorney can help you prepare your testimony and anticipate any questions the prosecutor may ask.

  • Dress Professionally and Be Respectful

Finally, it is important to dress professionally and behave respectfully at the administrative hearing. This will demonstrate to the administrative law judge that you take the proceedings seriously and are committed to presenting a solid defense. Being polite and respectful to the opposing party and the administrative law judge is also essential, as this can help build goodwill and demonstrate your professionalism.

  • Consult With an Attorney

Charges filed under Section 725(a) of the Business and Professions Code require you to consult with a defense attorney to help you understand the nature of the hearing you will face. Usually, your employer or the medical disciplinary board in your field schedules a hearing and requires you to attend, with an option to have legal representation. By having your attorney present, you are in a better position to handle the hearing better.

During the hearing, your defense attorney should focus on establishing that you performed your roles under the duty of care prescribed in the laws of negligence. Raising this argument can help the disciplinary board understand your case better and provide lenient disciplinary orders after the hearing session.

When demonstrating that you followed the requirements prescribed under the duty of care, your attorney should first demonstrate that you obtained the patient’s consent to proceed. Acting after receiving the patient’s informed approval is critical to your case, as you can argue that they understood the possible outcomes of your actions.

Further, your attorney may highlight your efforts to obtain additional information about the patient, including their medical history. In obtaining these details, you will demonstrate the efforts you took to perform due diligence. As a result, the medical board handling your case is more prone to reconsider your plight and provide a lenient outcome,

Your defense should also demonstrate that you performed your duties as a medical practitioner with objectives in mind. Presenting this information can be essential to show that you did not intend to issue an excessive prescription, thereby raising your chances of receiving a favorable outcome.

Preparing for an administrative hearing under Section 725(a) of California's Business and Professions Code requires careful preparation and attention to detail. Making consultations with your defense attorney ahead of the hearings is essential, as they will provide more guidelines on the best strategies to adopt.

How to Prepare for a Criminal Hearing Under Section 725(b) of the Business and Professions Code

A criminal hearing under Section 725(b) of the Business and Professions Code also requires you to seek the professional services of a criminal defense attorney. They should have prior experience in handling similar matters, and provide information on how they intend to approach your case. Upon meeting your attorney, you can inform them of the facts in question and begin preparations on how to develop strong defenses.

For a better chance of receiving a favorable case outcome after a hearing, you need to understand the charges brought against you. Additionally, you want to download a criminal indictment or complaint copy to help you understand the nature of your charges. In doing so, you are better positioned to identify useful arguments to include in your defense strategy.

Moreover, working with an experienced criminal defense attorney is essential, as they will help you determine the most practical approach for your case.Choosing an attorney with experience in handling medical malpractice cases is also essential because you are assured of their ability to handle the case facts satisfactorily.

Preparing specially tailored defenses with your attorney’s help is also essential, as it helps you prepare relevant information to persuade the court. This may involve challenging the evidence presented by the prosecution, presenting evidence in your defense, or arguing that the charges are unfounded. Your attorney can help you develop a good case strategy.

Working with your attorney to obtain evidence for your defense hearing is essential. They may including witness statements, documents, photographs and other sources to combat the charges presented against you. With your criminal defense attorney’s help, you will identify the most relevant evidence for use during trial.

Finally, presenting yourself well in court during the trial date is essential. In doing so, you portray yourself as a credible person deserving of a fair hearing and committed to meeting all other court obligations. Being polite and respectful to the prosecution, judge, and jury is also essential, as this can help build goodwill and demonstrate your professionalism.

Overall, the criminal trial process can have multiple nuances that require you to remain alert throughout the sessions. Discussing the elements of your case is essential because you will also better understand how to help your attorney prepare strong defenses to fight the charges.

Additionally, you need to maintain open communication with your lawyer to ensure they are aware of any emerging issues promptly. The quality of information your attorney has can pivot your case dramatically, putting you in a better position to secure a positive case outcome.

Defenses Applicable for Excessive Prescribing Charges

After the prosecutor concludes their case in a court hearing, you can present your defenses. The court process allows for this to ensure you undergo a fair trial process, which involves giving you a chance to present counterarguments and raise doubt in the prosecutor’s case.

The credibility and strength of your defenses are instrumental in the final case outcome, so you need to pay attention to the quality of arguments presented during the trial. Some defenses applicable to the charge include:

You Did Not Intend to Prescribe Excessively

Proving intent is an essential component of the prosecutor’s case, and they must demonstrate that you acted with criminal intent to prescribe medication excessively. The need to prove criminal intent ties in with the legal requirement to prove premeditated malice in all criminal cases.

In court, demonstrating your lack of criminal intent may require you to present your medical notes and reports on the complainant’s medical case. The information in the documents can be sufficient to show that you did your best to act objectively by following all the rules applicable to doctors before issuing a prescription.

Your Case is Based on Mistaken Identity

 If you face false accusations of engaging in excessive prescribing because of mistaken identity, you can argue that you are not the person who committed the offense. Your defense attorney can help you prepare the defense by sourcing your identification details and compiling them for court presentation.

Additionally, you can retrieve the details belonging to the third party to show that their identity differs from yours. In doing so, you aim to prove that the investigation officers working on your case drew the wrong conclusion, meaning that you currently face unfair and wrongful accusations.

You Faced Entrapment Before Arrest

Entrapment involves creating a simulated scenario to trick you into committing an offense, and investigation officers often use it to find probable cause for arrest. Since the strategy requires the officers to create a false scenario, it is often unfair to arrest someone.

If you were induced to engage in excessive prescribing by law enforcement or other authorities, this could be a defense. However, you must show that you only engaged in the unlawful practices because of the inducement you received. Your defense attorney should help you develop credible arguments to support this defense, on top of accessing evidence in support.

The Prosecution Lacks Sufficient Evidence

In any criminal trial, the prosecutor holds the burden of proof to demonstrate that you are guilty beyond reasonable doubt. The standard of proof is also very high, requiring the prosecution team to produce credible and verified evidence. Due to this, the prosecution team may lack enough evidence to properly proceed with the case, making it a reason for you to contest the trial in your defense hearing.

Nevertheless, your defense attorney must also establish that you do not have any link to the offense by building solid defenses. They should also help you obtain evidence to support your claims, improving your chances of receiving a favorable outcome.

You Have Suffered Constitutional Rights Violations

Facing constitutional violations during the arrest and charging process can also warrant you to raise the issue in defense. Your primary reason for doing this will be because you did not undergo a fair criminal trial process as the constitution prescribes. The violation of rights often occurs because of police misconduct, whereby the officers handling your case force you to confess your wrongdoings. They may also plant evidence or fabricate a report contrary to constitutional provisions.

It is important to note that the availability of these defenses will depend on your case's specific facts. If you are facing charges under Section 725(b), it is highly recommended that you consult with your criminal defense attorney, who can evaluate the strengths and weaknesses of your case and develop a defense strategy tailored to your situation.

Criminal Penalties for Excessive Prescribing

If the presiding judge finds you guilty of excessive prescribing, you may face a sentencelasting between three and six months in county jail. Additionally, you may lose your medical practicing license, preventing you from proceeding with your career.

Contact a License Defense Attorney Near Me

Facing a civil or criminal accusation of excessive prescribing can be detrimental to your career, making it difficult to recover and continue providing services. Additionally, you may face criminal penalties that include detention in prison. To avoid these outcomes, you want to partner with a trusted defense attorney who understands the importance of preparing strong counterarguments to help you. Additionally, your attorney should be proactive in helping you research your case to help you determine the possible trajectory.

At The Legal Guardian, we provide quality legal defense services to cater to healthcare claims. We aim to help you justify your position after facing medical malpractice accusations, raising the chances of a favorable case outcome. Additionally, you will receive the advice you need to help you avoid any further consequences beyond your current charge. If you or a loved one faces excessive prescribing charges in Long Beach, California, you want to contact us for reliable support. For more information on the offense, call us today at 866-448-6811.