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Medical, Pharmacy and Chiropractic board hearings can be convened for any number of alleged violations.  These violations can include negligence, medical misconduct, financial misconduct and more.  Every board hearing should be taken seriously since they carry the possibility of completely derailing a medical professional’s career.  More serious cases may be referred to law enforcement officials for possible criminal prosecution as well.  It is essential to retain the services of an experienced medical board defense attorney as soon as you become aware of an investigation, especially if the violation in question is deemed particularly serious.

Retaining a medical fraud attorney should be your first step

Cases involving serious violations such as medical fraud will generally have complicated and large paper trails that must be uncovered.  If a case is turned over from a board to law enforcement officials, a medical professional under investigation can expect that their computers, laptops and mobile phones will be confiscated as part of the investigation.  Many times an actual search warrant will be executed at the worksite.

A medical professional can find out they are being investigated by receiving a Letter of Notice from the U.S. Attorney’s Office.  It will advise them that a grand jury investigation has opened and what rights they have as part of the process.  Depending on how far a fraud investigation has progressed, a person can expect that they may be arrested and formally charged.

Until you have retained a medical fraud attorney, under no circumstances at any stage of the investigation should you answer any questions posed to you by law enforcement.  The last thing you want to do is say anything that may be incriminating or damage your attorney’s ability to mount an effective defense on your behalf.  You do not want to do anything that will make it easier for the government to convict you.

Your medical fraud defense attorney will try to have you released pending trial

The best way to mount an effective defense is from the outside of a detention facility.  That is why it is critical to start an aggressive fight from the outset of an investigation.  Your defense attorney will argue on your behalf, attempting to minimize the perceived amount of harm that took place, how many people may have been harmed and your prior history both as a medical professional and as a citizen of good standing in the community.   Having a skilled advocate to represent you and who understands the system is important for the short term as well as the ultimate outcome of your case.

The Law Office of Ginger Kelley serves clients in Newport Beach, Santa Ana and communities throughout Orange County, California.