Selected Cases

The following are select example of cases we have assisted with:

  • When a state medical board brought an action against a psychiatrist for improper prescribing practices, we successfully defended the psychiatrist at a hearing before an administrative law judge and prevailed.  The medical board then refused to adopt the administrative law judge’s decision.  We then appealed to Superior Court and prevailed again, thereby preventing the imposition of any sanctions against his license.
  • In a Federal criminal case, we represented an impaired physician who distributed a significant number of illegal prescriptions.  The U.S. Attorney’s office initially sought to charge him with numerous violations of Federal controlled substances laws, including prescribing and conspiracy offenses.  However, we were able to negotiated a plea agreement to a reduced charge applicable to a limited drug amount, thereby bringing the Federal Sentencing Guidelines offense level down and, at sentencing, pled for a further reduction, which was granted.
  • When a state university terminated our client, a resident physician, from its residency training program based upon an allegation that he failed a pre-employment drug screen, we appealed the termination and our client was reinstated.  At a hearing, we successfully challenged the collection process of the drug screen specimen at issue, and presented overwhelming evidence that our client was not impaired.  In a related case, we successfully defended our client in an investigation launched by the National Resident Matching Program (NRMP).   Likewise, we were represented the client before the medical board, which  closed its investigation.
  • When a state psychology board would not comply with the terms of its own settlement agreement to terminate the agreement upon completion of certain required tasks, we brought a legal action against the Board to require its compliance. The board subsequently entered an order terminating the psychologist’s settlement agreement and probation prior to the court date.
  • In a contested administrative hearing brought by a state medical board, we successfully defended an innocent physician assistant charged with the inappropriate touching of a patient.
  • A state licensing board only recently implemented licensing for prosthetists and orthotists and the “grandfather” clause has expired for those who had previously worked in the profession. We filed and were granted a rule waiver to enable well-qualified and trained prosthetists and orthotists who did not meet the current requirements to obtain a license.
  • We presented overwhelming mitigating evidence in support of a nursing home administrator who entered a criminal plea and were then able to negotiate a settlement whereby he was able to retain his license.
  • In a most unusual case, we successfully prevented criminal prosecution of physician accused of stalking.  After several years of cooperating with prosecutors and investigators across multiple jurisdictions, we were able to provide evidence sufficient to arrest the complainant who actually perpetrated the crime while purporting to be its victim.
  • We have also worked in conjunction with criminal defense attorneys regarding creative sentencing options in cases involving physicians charged with controlled substance violations. In numerous instances, advice provided enabled the client to enter a plea, which upon successful completion of its terms, fully disposed of the case without a conviction (which would have adversely affected his or her medical license).

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