When Physicians Face Criminal Charges

One of the most devastating events a physician can face is being criminally charged. This event can shatter both your career and personal life. After years devoted to trust, ethics, and healing, and after earning the respect of colleagues and patients, a criminal charge can bring everything to a halt, putting at risk your reputation, medical license, and even your freedom.

Public perception can quickly shift, from viewing you as a trusted professional to seeing you as someone capable of committing a crime. A criminal proceeding is not just another malpractice case. It is a battle for your future, identity, and everything you have worked to achieve. This harsh reality forces physicians into an experience few anticipate, highlighting the fragile intersection between the duty of care and the unforgiving nature of criminal law.

It is best to prepare for when you could face criminal charges, and the information below will help you in this pursuit.

Your Mandatory Reporting Duty and the Medical Board of California

The Medical Board of California (MBC) regulates and licenses physicians in the state. Its primary role is to protect the public by ensuring physicians meet high competence and professional conduct standards. The MBC can investigate and discipline physicians who violate professional or legal standards.

As a California physician, you should legally report certain criminal charges to the MBC. This duty is outlined in Business and Professions Code § 802.1, which stipulates that you must self-report specific criminal events to the MBC within 30 days of their occurrence. The incidents that instigate this obligatory reporting responsibility include:

• Any felony indictment — An indictment is an official statement that you have perpetrated a crime, often handed down by a grand jury
• Any felony conviction resulting from a trial, guilty, or no contest plea
• Any misdemeanor conviction, whether from trial, guilty, or no contest plea — A misdemeanor charge alone does not trigger the reporting duty. Only a conviction does.

Failure to report within 30 days is itself a serious violation. The MBC views it as another unprofessional behavior, which may result in disciplinary measures, such as fines, suspension of the license, or even revocation. The Complaint and Enforcement Unit of the MBC investigates these reports and any further complaints. Even if the criminal case is dismissed or you are acquitted, failure to report promptly can still result in separate disciplinary action by the Board.

This law ensures that the MBC knows of criminal conduct involving their licensees so that the board can determine whether a physician will likely harm members of the public. It is a critical part of the board’s oversight function and a significant obligation for every physician practicing in California.

When Medical Practice Becomes a Crime

For physicians, the key distinction is between a medical error that leads to a civil lawsuit and conduct so reckless that it results in criminal charges. Although civil medical malpractice suits are usually common, criminal charges are a far rarer and more severe consequence.

Civil Medical Malpractice

Civil medical malpractice is a lawsuit against you by a patient to demand monetary damages for the injury caused by a medical error. These cases are based on the legal principle of negligence, alleging that you fell below the standard of care, defined as the degree of skill and diligence a reasonably competent physician would exercise under similar circumstances.

For example, failing to diagnose a condition, carrying out a surgical procedure in an unprofessional manner, and prescribing the wrong medication may be considered medical negligence. What you do is viewed as an error or an omission, not an intentional act to do harm.

A civil lawsuit aims to compensate the patient through medical expenses, loss of wages, and pain and suffering.

Criminal Medical Negligence

On the other hand, criminal medical negligence involves conduct that is so egregious and reckless that it goes beyond a simple mistake. It involves a significantly greater burden of evidence and is sought by the state instead of the patient. This is not merely a departure from the norm of care, but a terrible departure, which shows a deliberate and negligent attitude towards human life.

This will attract severe criminal proceedings, like involuntary manslaughter. To prove involuntary manslaughter, prosecutors must show you acted far beyond acceptable medical practice, creating a high risk of death or serious injury that a reasonable person would have recognized. This would include you:

• Working under the influence of drugs or alcohol
• Prescribing opioids in excessively high amounts without any consideration of the patient, causing their death

In these cases, the legal system aims to punish you with consequences like imprisonment, not just to compensate the victim.

Other Criminal Charges That Trigger MBC Scrutiny

The criminal convictions to which your medical license is vulnerable are extensive and are not limited to criminal offenses directly connected with patient care. The Medical Board of California (MBC) has the authority to impose disciplinary measures for any crime substantially related to a physician's qualifications, functions, or duties. It often involves offenses of an unscrupulous nature, incapability to practice, or a possible danger to the community.

Specific Crimes of Concern

Some of the common offenses the board pays specific consideration to include the following:

• Sexual misconduct — MBC is a zero-tolerance organization towards sexual misconduct. Any conviction of a sex offence, particularly one that relates to a patient, will result in an automatic loss of a license. This is one of the worst things a physician can do since it essentially goes against the patient's trust and professional ethics. Although the sexual relationship might have been consensual, it is said to be a serious violation because of the inherent power difference.
• Domestic violence — MBC considers a conviction of domestic violence to constitute a crime of violence that is closely linked to the practice of medicine. It casts doubts on your stability, judgment, and trustworthiness to care for the patients. The predisposing factors that result in a conviction of domestic violence, for example, the inability to manage anger or the inclination to be violent, are the factors considered relevant to your fitness to practice.
• Insurance fraud and white-collar crimes — Offenses including insurance fraud, billing fraud, or other white-collar crimes are classified as crimes of moral turpitude. These offenses are not merely about money but point to a systemic lack of honesty, corruption, and an attitude to use a position of trust to benefit themselves. The MBC views dishonesty in business as evidence of dishonesty in medical practice, posing a risk to the public.
• Illegal possession of controlled substances — A conviction of illegal possession or use of controlled substances sends significant signals about impairment and your ability to work in medicine. The MBC will be troubled by the fact that a physician abusing drugs could be a liability to the patients in terms of either being under the influence of impaired judgment or illegal diversion of prescription drugs. The MBC can use this conviction to force you to take a psychiatric or medical examination to find out whether your capacity to practice safely is compromised.
• Homicide or other serious felonies — The conviction of a homicide, including an involuntary manslaughter not in a medical setting, is a serious offense. The MBC is most assuredly going to attempt to revoke your license on the conviction alone, as it is a crime that is so grave it will likely automatically show you are unsuitable to be a practising physician.

In each of them, the MBC does not simply examine the conviction. They shall look into the facts and circumstances surrounding the background of your history and the rehabilitative measures you have undertaken. The objective is always to find out whether the criminal act qualifies you as an element that can jeopardize people's safety and whether you should be permitted to go on with the practice of medicine.

MBC Disciplinary Process: The Complaint to Hearing

The Medical Board of California (MBC) investigates a particular issue when a criminal charge or conviction is reported. This management procedure differs from the criminal case and may continue even when the charges are dismissed. The outcome of the MBC's process determines the fate of your medical license.

The Complaint and Enforcement Unit

The process starts with the Complaint and Enforcement Unit of the MBC. This team is in charge of taking in and investigating all the complaints that may be brought against the physicians, including self-reports about criminal charges and the district attorney's report. When a complaint is made, an analyst goes through the information to ascertain whether it is in the jurisdiction of the MBC or not. If so, then an official investigation will be launched.

Investigators will collect evidence with the Health Quality Investigation Unit (HQIU). This may be through:

• Reviewing patient records
• Interviewing you, the complainant, and any other witnesses
• Obtaining expert medical consultations on your behavior

This stage is the most important because the investigation results will be considered when deciding whether formal charges are to be filed.

The Formal "Accusation"

If the investigation provides enough evidence to prove the violation of the Medical Practice Act, the case is submitted to the Office of the California Attorney General. An Accusation is a formal charging document drafted by a Deputy Attorney General. This document is the same as an indictment in a criminal case. It contains the precise charges against you and the legal laws you are said to have violated. Once the Accusation is filed, you face an administrative hearing that could result in the loss of your license.

You have a limited time to file a "Notice of Defense," which indicates your intent to contest the charges and request a hearing. Failure to do so will result in a default judgment against you, and MBC will be allowed to take disciplinary action against you without a hearing.

The Administrative Hearing

If you decide to contest the Accusation, you are to be heard by the Administrative Law Judge (ALJ) in the California Office of Administrative Hearings. This hearing functions much like a civil trial. You and the MBC, through the Deputy Attorney General, may also give evidence, call witnesses, and argue.

However, the standard of proof is different from a criminal case. During an administrative hearing, the MBC has to demonstrate its facts by clear and convincing evidence to a reasonable certainty. This is more rigorous than the preponderance of the evidence standard applied in the civil malpractice cases, but is less strict than the beyond a reasonable doubt standard applied in the criminal cases.

Once the hearing has been completed, the ALJ gives the MBC a proposed decision. The Board can then look into the proposed decision and either approve it, alter it, or dismiss the entire decision, making a new one. The MBC’s final ruling determines the disciplinary penalty, ranging from a letter of reprimand to suspension or revocation of your license.

Rehabilitation and License Reinstatement

In California, it is not always the death of your career when you lose your medical license. You can request that the Medical Board of California (MBC) allow you to resume your practice after a suspension or revocation after a specific period of time. The process is, however, not guaranteed and shifts the whole responsibility of proving that you have been rehabilitated and fit to be safe in practicing medicine.

The right to request the license reinstatement is based on the nature of the disciplinary action. You have at least three years to wait from the effective date of the disciplinary order before you may file a Petition for Reinstatement, in most instances of unprofessional conduct revocation.

The suspension period is usually reduced to one year if the revocation was based on a mental or physical illness. It is crucial to note that you are not allowed to petition to be reinstated during criminal probation or parole. By the time you can begin the administrative process with the MBC, you must complete the term of your criminal sentence.

Once you have submitted a Petition to Reinstatement, the MBC will schedule a hearing in the presence of an Administrative Law Judge (ALJ). Unlike the original administrative hearing, where the MBC had to prove its case against you, you must prove your case to the board this time. You have to prove clearly and convincingly that you are completely rehabilitated and will not be a threat to the people. It means that you have to demonstrate that you have overcome the problems that caused you to be disciplined and that you possess the ability to practice medicine safely and competently.

Evidence of Rehabilitation

The most imperative component of reinstatement is the presented evidence. The MBC will carefully assess your petition, considering tangible evidence of your change. The record that you have to present has to be detailed and convincing. The main components of an effective petition will be:

• Obedience to all orders — You should demonstrate complete obedience to all the orders of the criminal court and the MBC. This involves paying any fines, probation, and other specific terms that are given by the board.
• Letters of recommendation — You must obtain at least two verified recommendations from licensed physicians who have personal knowledge of your activities since the disciplinary penalty was imposed. These letters address your character, rehabilitation, and ability to practice. They have to be up to date and not older than two months.
• Sobriety and mental health — If the case being considered deals with drug abuse or mentally ill individuals, you are required to produce written evidence of your sobriety or effective treatment. It may involve the possibility of attending some known physician rehabilitation program (California does not have a formal one, though there are some available privately), periodic drug testing, and positive psychological assessments.
• Professional and continuing education — You should prove that you have been keeping your knowledge and skills in medicine, and doing so during your license suspension period. This may be demonstrated by completing continuing medical education (CME) courses, postgraduate training, or any other provable professional development activity. It is necessary to prove that you have been abreast with the new developments in your discipline.
• Personal narrative and insight — A narrative statement should contain what resulted in your disciplinary action. What is more essential is that you must demonstrate genuine remorse and a strong comprehension of the damage you have done. You need to be able to explain what you have learned and how you have changed to ensure that the behavior will not recur.

The reinstatement process is long and tedious and requires time, effort, and resources. The board is responsible for protecting the public and will only reinstate a license when they are assured that you are reformed and can be trusted to give safe medical care.

Find a Professional License Defense Attorney Near Me

Being charged with a crime is a life-changing experience for a physician, both in the criminal justice system and in front of the Medical Board of California. The intricacies of mandatory reporting, the differentiation between civil and criminal negligence, and the nuanced world of professional discipline can be overwhelming. As a professional, your livelihood and reputation are your most valuable assets. Do not navigate these challenges alone. The proper defense is not merely the defense, but your life.

When it comes to any medical practitioner under criminal charges or investigation by the board, the most important thing is to act immediately. Call The Legal Guardian today for a confidential consultation to protect your license and career. Contact our Long Beach professional license defense attorneys at 866-448-6811.