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Las Vegas Physician License Defense Attorney

Last Modified: March 18, 2024

Defending Physicians And Their Licenses

Physicians in Nevada who are facing a complaint or investigation by the Nevada State Board of Medical Examiners may be subject to a period of probation, license suspension or license revocation. If your license is in jeopardy, it’s important to seek the assistance of an experienced Las Vegas doctor license defense attorney to protect your interests when facing the disciplinary Board due to a Board inquiry or investigation. Claims against your physician’s license can stem from a number of sources such as hospital disciplinary actions, healthcare fraud, disgruntled patients, failing a drug test, and many others. As a medical professional it is critical to obtain and maintain your license to practice medicine. You’ve dedicated countless hours to your profession, don’t let your license and reputation be stripped from you without a fight. Our dedicated physician license defense lawyer will fight for you and your right to practice medicine. Call the Spartacus Law Firm today for a free consultation and begin planning your defense.

Reasons For A Physician’s License To Be In Jeopardy

Losing your physician’s license rarely begins with complete revocation unless the claims against you are very serious, and most importantly, credible. Instead, the disciplinary process usually starts with action less severe. For example, a routine audit, a letter requesting some basic information, a probationary period, or possibly suspension. In fact, the information that the Nevada Board of Medical Examiners asks for might not even be directly about you. There are scenarios where you may only be a witness in an ongoing investigation of a colleague’s or company’s conduct. All too often, witnesses or parties close to the incident end up becoming the targets of investigations themselves. Alternatively, you might be facing disciplinary action against your medical license because of:
  • Alleged ethical violations
  • Medical malpractice
  • Alleged breaches of the standard of care
  • Healthcare fraud charges or convictions
  • Criminal charges
  • Legal problems in other jurisdictions
  • Probation violations
  • Financial matters
  • Previous suspension of your license
  • Medical disciplinary proceedings

A Nevada physician license defense attorney can help you explore all options when it comes to your defense. The Spartacus Law Firm’s mission is to aggressively defend professional licenses, end investigations, mitigate consequences, and spare your reputation and career from catastrophe.

Losing Your Physicians License

When doctors, nursespharmacists, and other medical professionals in Nevada receive a license to practice medicine in the state, they take an oath to follow the regulations and guidelines that the state of Nevada has in place. These laws help to protect patients from medical malpractice injuries and other unethical practices from medical professionals that the public trusts to keep them safe. The rules outlining physician and physician assistant discipline and guidelines are embodied within chapter 630 of the Nevada Revised Statutes.
 
When a medical professional receives criminal charges or harmful accusations from patients, colleagues, or employers, they run the risk of disciplinary action by the Board. If allegations are made the Board will review the case and determine if it is necessary to suspend, revoke, or place limitations and conditions on your medical license to practice. The following scenarios may bring your medical licensing into question.

Who Needs to be Licensed by the Board of Physicians?

All physicians must be licensed before practicing in Nevada. In addition to meeting the basic educational requirements (M.D. or D.O.) from an accredited medical school and passing a licensing exam, new applicants must also be fingerprinted and submit to a criminal background check. However, after complying with all required prerequisites, the Nevada State Board of Medical Examiners still has the authority to deny a medical license if the applicant previously engaged in unethical behavior. For example, if a physician license applicant was charged with a DUI in their past, that could be grounds for denying a license. In addition to traditional medical professionals, the Board also has jurisdiction over other groups of allied health professionals such as:

  • Athletic Trainers
  • Naturopathic Doctors
  • Nuclear Medicine Technologist
  • Perfusionists
  • Physician Assistants
  • Polysomnographers
  • Radiation Therapists
  • Radiographers
  • Radiologist Assistants
  • Respiratory Care Practitioners

Each of these allied health professions have unique training, licensing, and ethical standards that they must uphold. If you have any questions about the laws and regulations applicable to your particular field, it’s recommended that you seek advice from a Las Vegas physician license defense attorney. The Spartacus Law Firm can advise you on whether you may run into issues with the Nevada Board of Medical Examiners and how to best approach the licensing process.

Driving Under The Influence (DUI) Charges

One of the most common license questions amongst medical professionals is, “can I be a doctor with a DUI?” Nevada law states that physicians must report a DUI charge to the Nevada Board of Medical Examiners. Hiding a DUI or failing to identify this charge in a timely manner can result in license denial or revocation. After learning the facts and circumstances of your DUI charge, the Board will determine the appropriate penalties as it relates to your career and license. Depending on the severity of the offense as well as your openness to report the charge, a doctor may be directed to seek help and pursue recovery which if completed, will allow them to continue practicing.

If you are a physician facing a DUI conviction or some other allegation of substance abuse, you’ll likely also be burdened with legal penalties such as fines, prison time, or mandatory recovery treatment. These requirements are on top of your license being at risk for suspension or revocation. If you’ve found yourself in a similar position, having an experienced Las Vegas doctor license defense attorney by your side in the legal courtroom and administrative hearing settings is critical for retaining your career and your integrity.

Physician License Defense For Substance Abuse

It’s common for cases to involve a physician losing their license due to substance abuse. Examples of this include being arrested for a DUI, diverting medications at work, appearing or being intoxicated at work, and many other instances where substance abuse affects their work. At the Spartacus Law Firm, our mission is to aggressively fight to keep your physician license by deploying an air-tight defense strategy with the best chance of success.

Before you agree to any possible settlement or resolution of your case with the Nevada Board of Medical Examiners, it’s recommended that you have a physician defense lawyer to assist you in the process. Believe it or not, there are many terms and conditions of a possible settlement with the Board that is negotiable. However, without the assistance of an experienced professional license attorney, you may not fully understand all of the possibilities and scenarios in your case. We can help you find all possible areas for negotiation with the Board, and tirelessly work to improve them.

HIPAA – Privacy Violations

Federal HIPAA violations are privacy laws and institutional policies that address patient privacy rights. Doctors and other healthcare professionals accused of violating these rights can potentially face legal issues that could involve adverse employment actions, civil lawsuits, disciplinary action from the Nevada Board of Medical Examiners or even criminal charges. Some typical scenarios involve when a physician inappropriately accesses and/or discloses personally identifiable health information. All physicians should be ever vigilant to know and understand privacy policies for caring for high profile patient cases, celebrities or co-workers as patients, or any type of patient case.
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Frequently Asked Questions

Suspension vs. Revocation: What’s the Difference?

When dealing with a credible claim of malfeasance against your license you will likely be facing two outcomes: suspension or revocation. A suspension of your professional license results in temporary loss of your ability to practice medicine with a timeline that is to be decided, while a revocation of your license is permanent most of the time. Although suspension is the lighter consequence of the two, suspension still has serious implications. For example, potential employers will take your suspension into account when comparing you to other candidates. Certain employers can and will restrict a suspended licensee from working in certain settings, even if your license was reinstated. If an allegation against your license is not handled correctly, it can have significant implications for you and your career in the future.

What Do I Do If I Have Received A Letter Notifying Me I Am Under Investigation?

First things first, don’t panic. After receiving a letter notifying you that you are under investigation, it’s natural to start fearing the worst. Just know that it is legally required to open an investigation after being issued a complaint against a licensed individual. You’ll likely want to immediately defend yourself against these allegations, but understand that the Nevada Board of Medical Examiners is simply trying to gather information about the incident.
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The best thing to do after learning you are under investigation is to seek legal assistance as quickly as possible. A Las Vegas doctor license defense attorney can help ensure that your response to these allegations addresses all necessary issues involved. Your first reaction may be to respond on your own, but a response that overlooks or misses key defense information can be detrimental and result in harsher penalties.

Contact Our Las Vegas Doctor License Defense Attorney Today

At the Spartacus Law Firm, we defend physicians at every stage of a disciplinary proceeding throughout Nevada. Chandon Alexander, Esq. is dedicated to helping medical professionals keep their medical licenses and reputations intact. We aggressively defend medical professionals to attain favorable outcomes in actions initiated by their respective licensing boards. Don’t risk your career by facing the medical board on your own. Get an aggressive, experienced Las Vegas physicians license defense lawyer on your side immediately. 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.
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