A notification from your California licensing body and the Department of Consumer Affairs that there is an investigation against you can cause you to worry. This is because investigations like these can significantly affect your reputation as a healthcare professional and your license. Although they are mainly conducted for administrative purposes, their findings can have severe ramifications, including possible criminal charges.
When a patient, employee, or administrator files a complaint against you with the Department of Consumer Affairs or the Medical Board, you must act quickly to avoid the severe consequences of losing your license. To defend your license and reputation, you can hire a skilled license attorney to help you with the legal processes. They can also review your case to help you understand the severity of the allegations you face and possible consequences. They can also build a solid defense against your claims to compel the board to dismiss them or to rule favorably.
Criminal Charges Against Healthcare Professionals
Healthcare professionals play a critical role in ensuring everyone is healthy. They recommend preventive measures against common lifestyle diseases like diabetes and hypertension and diagnose and treat diseases affecting various parts of the human body. This role requires them to have excellent training and experience to perform well. Additionally, they must demonstrate care, integrity, and professionalism in their dealings with patients and colleagues.
Sadly, this does not always happen, as healthcare professionals are constantly accused of negligence, incompetence, and unprofessionalism. When a mistake occurs in the workplace, the people who are most affected are the patients. The medical board does not take such matters lightly, especially if the well-being or life of a patient is at risk. It can take stern action against the accused professional after a successful administrative process and could suspend or revoke their license. Although a stern action protects the public from unprofessionalism or incompetence, it affects a professional who has worked hard to train, obtain a license, and build a career in the medical industry.
The board allows healthcare professionals to defend their license, with the help of an attorney, if they face an administrative process due to an allegation of unprofessionalism, incompetence, or negligence. Once you receive a notice from your licensing board notifying you of a pending investigation, you should act fast because your profession and license are on the line.
However, most healthcare professionals are not usually prepared for an administrative process, especially those that can result in grave criminal charges. If there is an investigation against you by your licensing board and the Department of Consumer Affairs (DCA), you could be in more trouble. This is because investigations by the DCA can result in criminal charges. The possible consequences of such an investigation will also be grave. However, a competent license attorney will ensure you understand everything, including what to expect during the investigation, hearing, and after the final ruling.
You could be under investigation by your licensing body and the DCA for many reasons. When an aggrieved patient files a complaint against you, the Department of Consumer Affairs will most likely investigate the matter. Some complaints by colleagues, employers, or hospital administrators can also attract the attention of the DCA. These investigations can affect any licensed healthcare professional, for example, holders of nursing licenses, physician assistants, nurse practitioners, physical therapists, and dentists.
Generally, administrative processes against healthcare professionals do not lead to criminal charges. However, your case can be severe if your actions demonstrate criminal behavior. An investigation into your case by the DCA can result in an arrest warrant and criminal charges against you.
Example: Working in a nursing home has not always been easy for Robert. However, he does his best to get the job done since this job is his only source of income. Sometimes, his patients are unruly, and he is forced to use physical force when attending to them. Recently, his colleague reported him to the DCA for using excessive physical force on an ill elderly woman. The department notified him of a pending investigation into his character, which he completely ignored.
The DCA investigator can file a formal complaint against Robert with the District Attorney, who then files assault and battery charges against him. Ultimately, a judge can issue a warrant for his arrest.
The Enforcement Power of Licensing Board Investigators
As a healthcare professional, it helps to know that your licensing board has enforcement powers, allowing it to follow through with every investigation against unprofessional, incompetent, or negligent professionals. It is easy to assume that these enforcement powers are nonexistent, especially because some investigators working on most licensing boards are retired probation officers or policemen. Once they complete an investigation and hand over their findings to the Attorney General, the investigator’s report can be used as discovery material in a subsequent criminal case.
This means it can be legally acquired as evidence to support an administrative claim (for a licensing case) or criminal case to obtain an arrest warrant. However, you can change the outcome of such an investigation by acting quickly to engage a skilled license attorney with experience in criminal law. Your attorney can influence your case’s outcome in many ways, including introducing evidence to compel the board to dismiss your allegations or introducing mitigating factors to push for a favorable outcome. Thus, if a patient, employer, or colleague files a complaint against you with your licensing board, and the accusation can result in criminal charges, you must act immediately.
Do not respond quickly to DCA investigators before obtaining advice and guidance from your license attorney. Choosing the right attorney will protect your rights, license, and reputation throughout the administrative process. They could also use the best available strategies to prevent subsequent actions by the DCA investigators against you, which can lead to criminal charges and the issuance of an arrest warrant.
Thus, if your healthcare professional license is under investigation today and the allegations you face can result in criminal charges, start looking for a skilled and experienced license attorney. An experienced attorney will know how to handle all licensing accusations and issues. They could also be experienced in handling licensing cases that result in criminal charges. Such an attorney will offer better advice, guidance, and support during the most challenging period of your career.
When looking for an attorney, find out how many cases they have successfully handled. Consider the kinds of cases they specialize in and reviews from their past clients. Fortunately, most license attorneys have a strong online presence and have all this information on their web pages. You can contact them to discuss their services further before engaging them in your case. Starting this process early enough allows you time to make the best choice of an attorney. Remember that having the right licensing attorney by your side improves your chances of obtaining a favorable outcome in your case.
How an Investigator’s Report can Lead to a Criminal Warrant
When word reaches your licensing board that you have been negligent, incompetent, or unprofessional with a patient, colleague, or employer, the board can investigate the matter. Generally, the DCA does not investigate all reports it receives regarding unprofessional healthcare professionals. They must first determine the authenticity of your case before taking action. If your case seems authentic, the DCA will want to know more about your unprofessional conduct and how to discipline it. This is when it launches an investigation.
DCA investigations are conducted by trained investigators who look deeply into the current matter. They can review your past performance if it is relevant to the current investigation. They can speak to your former and current patients, colleagues, employers, and even family members to gather information to support the claim against you. However, the DCA notifies you of the investigation before the investigators start the job. It also gives you a hearing date when you must appear before an administrative judge for the hearing and determination of your case.
Once the DCA investigator’s report is out, it can result in a criminal warrant if there is sufficient probable cause. The report details the investigation, the evidence gathered, and the analysis of that evidence. The investigators hand over the report to a judge, who establishes the necessity for a criminal warrant. Here is a breakdown of how this happens until a judge issues an arrest warrant:
The Investigation and Evidence Gathering
If, after receiving a complaint against you, the DCA decides to pursue it, it will launch an investigation immediately to obtain credible evidence to support the claims. This is why the department needs to take action against you. The investigators handling your case will be selected based on the details of the complaint against you. Some investigators work on fraud cases, while others conduct investigations of professional violations. The kind of evidence they will gather will also depend on the nature of the complaint.
Preparing the Report
An investigation by the DCA investigators can take a few days, weeks, or months. This depends on the nature of the complaint and how difficult or easy it is to obtain evidence against you. Once the investigation is completed, the investigators will work on the report they need to present to your licensing board and the judge (in case of a criminal element in your case). The report will contain a detailed account of the investigator’s findings, including physical evidence, witness statements, and any other information that could help the licensing board make a reasonable decision.
Determination of Probable Cause
The investigators must determine probable cause in their findings for a criminal warrant. A report that establishes probable cause demonstrates a reasonable belief that you have committed a crime. The report must also show that the prosecutor can find evidence of that crime on a particular person or location. Remember that this report can be adapted to support charges in a criminal proceeding against you.
Application for an Arrest Warrant
If the investigator’s report shows probable cause, a prosecutor can prepare an affidavit and then apply with the court to obtain an arrest warrant. The judge will review the affidavit, application, and the investigator’s report to issue the warrant. However, the judge must ensure probable cause in your case before taking action. They will issue the warrant if they are satisfied with the report and the affidavit.
Judges issue arrest warrants to law enforcement officers. They must locate and apprehend you to answer the criminal charges you face. The police can obtain a search warrant if they need to search for evidence of your involvement in a crime. Arrest and search warrants are particular. Therefore, the police will act according to the warrant the judge issues.
How a Competent License Attorney Can Help
If someone files a complaint against you with your licensing board as a healthcare provider, your career, reputation, and license are usually at risk. However, there is much more at risk if you face criminal charges, including your freedom. Fortunately, a skilled license attorney can help fight for a favorable outcome. License attorneys are specialists in professional license-related matters. However, since a criminal case against a licensed healthcare professional can affect their license, a license attorney can help.
Here are some of how a competent license attorney can help when a DCA investigator’s report against you leads to a criminal warrant:
They Can Protect Your Nursing License
Obtaining a professional license as a healthcare practitioner in California is not easy. You must undergo extensive training for years and spend much time gaining experience and acquiring additional skills to qualify for licensing. You must continuously demonstrate competence and professionalism to keep your license. Thus, losing your license after all the hard work you put into obtaining it is a significant loss.
Remember that your license is your source of livelihood. Your dependents depend on it for a living, and your patients rely on it to enjoy good health.
Sadly, a mistake in your professional or personal life can put your license at risk, threatening to undo all the hard work you have put into building a career in the healthcare industry. A skilled license attorney understands your license is essential and will do their best to protect it. They can use several strategies, including negotiating for a case dismissal with the Department of Consumer Affairs, introducing evidence to fight the allegations against you, or introducing mitigating factors to push for a favorable outcome in your case.
They Can Help You Navigate Administrative and Legal Processes
When you are under the investigation of the DCA or your licensing body, you must go through some administrative processes before your case is heard and determined. Sometimes, these processes are complex and challenging to navigate without legal help. An experienced license attorney knows what to do at every level of your case and can successfully guide you through all those processes.
Once a judge issues a warrant for your arrest and you face criminal charges, you will need help navigating the criminal justice system. Again, there are complex legal processes you must go through before your case is heard and determined. Your attorney will offer assistance and support to ensure you successfully navigate all the processes.
They Can Build a Solid Defense Against Your Allegations
Criminal charges are life-changing, especially for a healthcare professional. A conviction will affect your life, including your social and professional lives. After a conviction, you will likely lose your job and license, meaning you will no longer work again in the healthcare industry. This can be devastating, especially if you are falsely accused or made a genuine mistake.
Fortunately, you can defend your actions by presenting a defense during the criminal trial. Your license attorney can help gather evidence and build a solid defense against your charges. They can use any available defense strategy to push for a favorable outcome. With their help, the judge can dismiss your case or issue a favorable resolution that will not significantly affect your career or license.
They Can Negotiate With the DCA or the Medical Board
Negotiations and case settlements are excellent because they ensure cases are resolved quickly and favorably for the parties involved. Skilled license attorneys are excellent negotiators. They understand how emotionally draining an administrative and criminal process can be for a busy healthcare professional. They also know how quickly cases involving reputable professionals leak out to the public, resulting in a damaged reputation that takes years to repair.
Your attorney can initiate a quick settlement with your accuser immediately after receiving a notice of a pending investigation by the DCA. If this does not work, they can contact your licensing board to negotiate for case dismissal or a favorable resolution. If this works, you will not have to go through long, tedious, and uncertain administrative and legal processes.
Find a Competent License Attorney Near Me
If you are a healthcare professional and face allegations of unprofessionalism, incompetence, or negligence in Long Beach, your professional license is at risk. If your matter is under the investigation of the DCA, the inquiry can find probable cause to obtain a criminal warrant against you. This will put your license at even greater risk. However, working closely with a skilled license attorney can help your situation.
At The Legal Guardian, we recommend hiring a license attorney immediately after being notified of a pending investigation by the DCA. Our skilled and experienced attorneys will work closely with you to ensure your rights are respected, you navigate all legal processes successfully, and you have a strong defense against your charges. Call us at 866-448-6811 to discuss your case and our services at length.
