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Toll-free:  (888) 331-6620 



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   * Available in the Following States
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Seven Things To Know When You Receive A Notice Of Investigation From The
Department Of Health

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RESIDENT AND FELLOWSHIP PHYSICIAN DISCIPLINE CASES

Resident Physician Discipline Cases and Terminations, Fellowship Physician
Discipline Cases and Terminations, Residency and Fellowship Program Grievances,
Graduate Medical Education (GME) Program disciplinary Hearings, Residency and
Fellowship Program Academic Cases, Medical Students, Medical Interns, Medical
Residents, and Medical License Applicants

We have represented medical interns, residents and fellows in academic hearings,
grievance proceedings, disputes over adverse performance, decisions to
remediate, disciplinary hearings and termination appeals.  We have represented
residents, interns and fellows in various disputes regarding their academic and
clinical performance, allegations of substance abuse, failure to complete
integral parts training, alleged false or incomplete statements on applications,
allegations of impairment (because of abuse or addiction to drugs or alcohol or
because of mental or physical issues), because of discrimination due to race,
sex, national origin, sexual orientation and on other matters.

By the time you have graduated from medical school and matched into a residency
program or scrambled into one of the few positions left, you’ve invested a lot
of your time, your money, and your life into your career.  This is especially
true for post-graduate fellows.

It can be devastating when you are threatened with disciplinary measures like
remediation, probation, suspension, non-renewal, or dismissal from your
program.  Residents struggle everyday with the question: “What can I do if I’ve
been dismissed from my program?”  Even some seemingly minor discipline may be
reportable to third-parties, which can adversely impact your career.  Dealing
with the allegations being made against you can be personally and professionally
devastating on top of balancing your already demanding schedule, but there are a
number of ways you can protect yourself.  You do have a number of rights as a
resident physician or fellow.

In most cases, these disputes have been resolved informally, often through
negotiation or mediation. However, occasionally it is necessary that a civil
suit be filed against the medical school, university, hospital or institution
involved. We will always attempt to resolve such matters as inexpensively as
feasible with as little publicity as necessary (or in accordance with our
client’s wishes). However, we are not reluctant to sue and litigate the case in
federal or state court as appropriate if the circumstances require.

If your program is accredited by the Accreditation Council for Graduate Medical
Education (known to most of us as the ACGME) (or the American Osteopathic
Association (AOA) prior to their merger into the Single Accreditation System),
they are required to provide a minimum amount of due process to residents and
fellows who are subject to disciplinary action.  Each institution’s own policies
and your training contract may provide additional rights.  This means that the
program must give you the opportunity to present your side of the story, in most
cases, to a panel consisting of members of the medical staff and usually other
residents who do not have a conflict of interest regarding the matter at issue.

In addition, we routinely deal with state impaired physician and nurse programs
such as the Professionals Resource Network (PRN) or the Intervention Project for
Nurses (IPN) in Florida. We routinely represent applicants before the Drug
Enforcement Administration (DEA) and the Credentials Committees of the
professional licensing boards, including the Board of Medicine, Board of
Nursing, Board of Osteopathic Medicine, Board of Psychology, Board of Pharmacy,
Board of Chiropractic Medicine, or other professional boards.

If you are charged with answering an application for a license falsely or
incompletely or if you are called before a credentials committee or licensing
board to explain certain answers or omissions you made, you should retain a
competent, experienced, health care attorney to represent you. If you have prior
arrest or convictions (whether expunged or sealed or not), disciplinary action
against a prior professional license of any kind, drug or alcohol treatment,
mental health conditions, suspensions or expulsions from schools or programs,
discipline against a license in another state, unexplained leaves of absence, or
a perceived untruthful answer on an application, you should retain qualified
counsel to advise you before you answer any further or provide any further
information or documentation.

If your application for a license is denied, you will have the right to have a
formal evidentiary hearing before state administrative law judge (ALJ). However,
even if you are successful at such a hearing, it will be very costly and will
delay your admission to your field of practice for many months or longer.

The internal due process appeal and any accompanying negotiation can be very
valuable to resolving the dispute, and there are many things to consider in a
very short period of time.  Competent representation by an attorney that knows
the relevant standards is critical to making the most of those opportunities. 
The strategies vary according to each case, and the approach to allegations of
unprofessionalism or deficiencies in interpersonal and communication skills can
be much different than rebutting issues of medical knowledge or patient
care/patient safety.  We have successfully represented a number of residents and
fellows across the country in programs large and small, from many different
medical specialties, each with their own unique clinical, educational, and
accreditation issues.

To read our blogs on graduate medical education law, click here.

Occasionally, when internal due process and negotiation is not enough to resolve
the dispute, it is necessary for residents to protect their rights in court. 
Our attorneys have not only engaged in this litigation, but they closely monitor
how courts around the country assess these cases.  Because residency is a unique
hybrid of employment and education, our understanding of the legal strategies
that have the best chance of success is particularly important.  Our attorneys
practice in both state and federal courts and may be able to represent you
anywhere, depending on bar and court rules.

We can also represent you with related matters like rebutting allegations by the
National Resident Matching Program (NRMP) that a resident has violated the match
agreement in some way, defending medical students against academic dishonesty
charges, and advocating for nursing students and other students in the health
professions in academic matters.

To read about our representation of Medical Students, click here.

To read about our representation of medical students, interns and residents and
foreign medical graduates on problems with the USMLE, ECFMG and NBME, click
here.

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Main Office • 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714 
 Telephone: (407) 331-6620


By Appointment • 37 N. Orange Avenue, Suite 500, Orlando, FL 32801  Telephone:
(888) 331-6620


By Appointment • 201 E. Government Street, Pensacola, FL 32502  Telephone: (850)
439-1001 • Telefax: (407) 331-3030

By Appointment: 201 St. Charles Avenue, Suite 2500, New Orleans, LA 70170

Medicare/Medicaid Audits, Health Care Law, Contracts, Hospital Privileges
Hearings, Investigations, DEA Defense, Board of Medicine Defense, Healthcare
Fraud Defense, Medical Staff Fair Hearings, Administrative Hearings, PRN, IPN,
Professional Licensing, Medicare/Medicaid Fraud Defense, Nursing Law, Hospital
Peer Review,  Hospital Law, Board of Dentistry, Board of Nursing Complaint
Defense, Board of Pharmacy, Medicaid Fraud Control Unit (MFCU) Defense, Search
Warrant and Subpoena Defense, NBME Representation, USMLE Challenges, ABIM
Representation, Resident Physician Defense, VA & Military Physician Defense,
Department of Health Investigation Defense, and more…

Available in the following Florida cities and counties: Daytona Beach, Fort
Lauderdale, Gainesville, Jacksonville, Key West, Melbourne, Miami, Ocala,
Orlando, Pensacola, Panama City, Sarasota, St. Petersburg, Tallahassee, Tampa,
West Palm Beach, Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun,
Charlotte, Citrus, Clay, Collier, Columbia, Dade, De Soto, Dixie, Duval,
Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee,
Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson,
Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion,
Martin, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceloa, Palm Beach,
Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Santa Rosa, Sarasota,
Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and
Washington

By making this website information available for those who access it does not
constitute doing business in or having a presence in any state or jurisdiction,
nor does it constitute an advertisement sent to or a solicitation made in any
state or jurisdiction. This firm is located in and maintains a presence in only
those states where the firm maintains an actual physical office. Its attorneys
are only admitted to practice in those states specifically listed on their
resumes.

Available in the following states: Alabama, Alaska, Arizona, Arkansas,
Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New
Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming

Disclaimer | Terms of Representation

“The Health Law Firm” is a registered fictitious business name of and a
registered service mark of The Health Law Firm, P.A., a Florida professional
service corporation, since 1999. Copyright © 2024 The Health Law Firm. All
rights reserved.