Are you currently subject to a Medical Board decision which is negatively impacting your ability to practice medicine? Has your Medical license been revoked? Have you been placed on probation? If so, under California law, you have the right to have a Superior Court judge review the Board’s Decision to determine if the Board abused its discretion in reaching its Decision. A physician whose license has been disciplined may seek judicial review of the Board’s Decision by filing a petition for Writ of Mandate (also called a “Writ of Administrative Mandamus”) in Superior Court under Code of Civil Procedure (CCP) section 1094.5. Most importantly, the petition must be filed timely or you may be barred from perfecting the writ appeal.
Many physicians who have received a Decision by the Board revoking their license, or with probation requirements that severely hamper their ability to practice medicine, are faced with the prospect of losing hospital staff privileges and removal from insurance panels. Once a Decision becomes effective, there are severe consequences to a physician’s ability to earn a living. The good news is that it may be possible to temporarily stay the power of the Board’s Decision by requesting injunctive relief from the Superior Court which would allow a physician to continue practicing medicine until the Superior Court has reviewed his or her writ petition and the Board’s Decision.
At the Law Firm of Marvin Firestone, MD•JD, & Associates, LLP, our appeals attorneys can help you to evaluate whether the Board committed a prejudicial error and determine if your case calls for a formal appeal of the Decision by way of a Writ of Mandate. If you believe that the Administrative Law Judge’s ( or ALJ’s) Factual Findings were incorrect or the ALJ did not reach a reasonable decision in his or her Proposed Decision, our firm can help appeal the California Medical Board’s Decision and receive a thorough review by the Superior and Appellate courts.
To schedule a FREE initial phone consultation, fill out our online form or call us at 1-800-529-6353. We serve clients throughout California from convenient locations in San Mateo, San Jose, San Francisco, Oakland, Redding, Sacramento, Los Angeles, and San Diego.