Century Law Group, LLPProfessional License Defense Lawyer Los Angeles | License Reinstatement2023-05-09T16:16:43Zhttps://www.license-defense.com/feed/atom/WordPress/wp-content/uploads/sites/1200818/2022/12/cropped-fav-icon-32x32.pngOn Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472892022-12-12T05:44:55Z2022-05-09T16:23:40Ztreated professionally and the line from professional to personal should not be crossed.
However, it is often difficult to avoid the connection that people form with one another. Even though the initial connection may be professional, it is sometimes difficult to avoid the relationship becoming personal. Depending on the circumstances, that may put the licensed individual’s career (healthcare professionals are licensed) at risk.
Medical professionals answer to boards
It is impossible to deny that every human being deserves to have a life that is outside of what they do for a living. When it comes to people in the healthcare field, there are times when the professional runs into the personal, which can become complicated and messy sometimes.
The main objective of a medical board is to ensure that the licensed individual behaves professionally and that the best interests of the patient are under consideration at all times and that they are treated with respect and dignity. Of course, as is the case with other areas in life, things are not always exclusively right or wrong. There are often gray areas in which there is a need for flexible thinking before arriving at a decision.
Licensed professionals should be treated fairly as well
There are at times when the circumstances of a situation and exactly who is responsible are not clear. Perhaps two people connected in a professional setting but did not actually do anything about that connection until after they no longer shared a professional relationship. If the result of that connection is that the healthcare professional has their license revoked, even if it is not fair, it is a decision that may affect the person for the duration of their career.
If your profession requires licensure and you are facing your license being revoked, sound legal advice may help improve the outcome of your case a great deal. A knowledgeable lawyer in Los Angeles can help you to navigate the process and can hopefully enable you to get your license reinstated in a timely manner so that you can successfully continue with your career. You want to continue doing what you love and to make a positive difference in the lives of your patients.]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472872022-12-12T05:45:25Z2022-04-25T12:36:25ZComparing professional negligence to common law negligence
Professional negligence is conceptually similar to common law negligence. For example, to prove a claim of medical malpractice, the injured patient must prove the existence of a duty to use due care; this element is satisfied when the patient establishes the existence of a doctor-patient relationship. The exact nature of the duty may vary, depending upon whether the physician has held himself out as a specialist in the type of care being sought by the patient. The breach of the duty is usually proved by expert testimony to the effect that the defendant physician failed to use procedures normally used by other physicians in the community. The plaintiff must also prove that an injury was caused by the defendant’s negligence. Again, this element is usually proved by testimony from other physicians who are familiar with the condition that was being treated. The monetary damages caused by the physician’s negligent acts can be proved by the plaintiff’s own testimony or testimony from physicians that have treated the effects of the negligent acts.
Legal malpractice
Legal malpractice is much the same. The duty of care owed by the lawyer is proved by the existence of the attorney-client relationship. The breach of the duty is usually proved by testimony from other attorneys who are familiar with the legal situation in which the negligence occurred. Damages in legal malpractice cases usually are financial and can be proved by testimony from other lawyers or from accountants or other financial experts.
Other types of professional negligence are susceptible to the same kinds of analysis outlined above. A negligent act or omission is usually proved with testimony from other professionals who are familiar with the situation in which the alleged negligence occurred. Causation and damages are usually proved by expert testimony. Anyone who believes that they may be facing a claim for professional negligence may wish to consult an attorney who is knowledgeable about defending such claims for an evaluation of the evidence and an opinion on potential defense strategies and the likelihood of prevailing.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472852022-03-10T13:27:46Z2022-04-11T11:00:15Zblog post looked at nursing standard of care violations and the breadth that they cover in the nursing profession. This week, let’s briefly look at the complaint and disciplinary process, as well as what you can do to defend yourself in administrative proceedings pertaining to your license.
Complaint and Disciplinary Process
Anyone who believes that a nurse has engaged in actions that violate the standards of care can file a complaint with the Board of Registered Nursing. At that time, the Board will review the complaint and investigate it if the allegations, if true, would constitute a violation of the Nursing Practice Act. If after an investigation the Board determines that the allegations are substantiated, then formal disciplinary proceedings will be initiated. Once you receive notice that a formal accusation has been made against you, you need to make sure that you file a notice of defense in a quick fashion.
During an administrative proceeding to address whether disciplinary action is warranted, the Board will assess a number of factors. Amongst them are:
The severity of the actions
The harm caused to the patient, if any
Any history of prior discipline
Any history of prior standard of care violations
Any existing criminal record
Any mitigating factors
Remember, you still have power during these proceedings. You have the ability to stipulate to disciplinary action, if you feel that doing so is in your best interests, or you can try to present as much evidence as possible to convince an administrative law judge that your discipline should be light.
Defending against a standard of care complaint
The best way to defend yourself, though, is to be proactive once a complaint has been filed against you. That’s why it’s oftentimes best to secure legal assistance in these matters from the get-go. Don’t assume that doing so will make you look guilty. It won’t. Instead, having an attorney on your side can help you work with investigators to explain the circumstances surrounding the incident in question to show that a simple mistake was made that didn’t rise to the level of a standard of care violation. Evidence of mitigating factors and corrective rehabilitative action on your part can go a long way, too.
Protect your nursing license
There’s a lot at stake in your case. That’s why you can’t sit back and wait to see what will happen. If you do so, then you could end up facing swift disciplinary action that includes license suspension or revocation. As scary as that may sound, you should take comfort knowing that aggressive attorneys like those at our firm stand ready to help you fight to protect your interests and your future. If you’d like to learn more about what our firm has to offer, then please continue to read our blog and the rest of our website.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472832022-12-12T05:48:52Z2022-03-28T11:00:34ZStandards of Care in Nursing
So, what are standards of care? In short, these standards are guidelines, regulations, and ethical responsibilities that help guide nurses so that they know how to appropriately act when caring for patients. As a result, these standards of care help ensure that patients receive safe, effective, and quality treatment, and they also give the state an objective standard by which to hold errant nurses accountable. Much of the nursing standard of care requirements can be found in state statutes, including the Nursing Practice Act.
What is a standard of care violation?
A standard of care violation, then, is any violation of applicable laws, regulations, or ethical responsibilities that draw a nurse’s actions into question. Generally speaking, these violations are broken down into categories, including gross negligence, simple negligence, incompetence, and unprofessional conduct. Each of these categories, though, has many identified actions that may lead to formal administrative proceedings, including practicing medicine without a license, obtaining a criminal conviction for a felony that interferes with the nurse’s duties or functions, and providing false information on a license application.
Speak with an attorney to learn more about what constitutes a standard of care violation
There are a lot of actions or inactions that could land you accused of violating the standards of care. That’s why you may find it beneficial to discuss your concerns with an attorney of your choosing. In Part II of our post on this topic, we’ll look at the complaint and disciplinary process, as well as what you can do to defend yourself in these proceedings. We hope that you’ll join us there.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472812022-12-12T05:46:57Z2022-03-14T12:40:35ZKnow how to address conduct that is inimical
Part of the code related to license suspension and revocation allows the Department to take action if it thinks that a facility has engaged in conduct that is “inimical to the health, morals, welfare, or safety of an individual in or receiving services from the facility.” In other words, in these situations the Department may move to suspend or revoke your license if it believes that actions taken at your facility have been harmful to those you serve.
What type of behavior is considered “inimical?”
This is a difficult question to answer since there’s very little caselaw on the subject. While that might leave you feeling uneasy, it also means that there’s a lot of room for legal argument. Of course, any behavior that is considered abuse or neglect will be deemed inimical in nature, but even something seemingly minor like understaffing can lead to allegations from the Department. Therefore, it’s important to consider the allegations in light of their context so that you can present evidence that shows that those you provide services for were not in danger or in harm’s way.
Know how to protect your interests
Most people have limited experience, if any, with the Department of Social Services. Yet, this agency has a lot of power. That’s why if you come into contact with the Department, it might be wise for you to contact an attorney. One of these legal professionals can guide you through the process while protecting your interests as fully as possible. In the even that allegations against your facility are substantiated, he or she may be able to help you successfully appeal that decision.
We know that it can be stressful and frustrating procedure, but attorneys like those at our firm stand ready to give you the rock-solid confidence that you need to position yourself as best as possible for success.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472792022-12-12T05:43:30Z2022-03-01T13:26:06ZRules of Professional Conduct may result in a suspension of your license to practice or even disbarment. Here are some of the most common reasons attorneys lose their licenses.
Misappropriation or theft of funds
Attorneys in California are often responsible for holding client funds and awarded damages in a law firm trust. An attorney who uses these funds for their own personal benefit has breached the fiduciary duty they owed to the client.
Violating attorney-client privilege or negligent representation of client
Attorneys have a responsibility to properly represent their clients. Failing to act on behalf of a client, failing to respond to court orders, ignoring client’s attempts at contact, lying to client about status of a case, and other negligent behaviors may be grounds for suspension. Attorneys also have a responsibility to keep all correspondence between themselves and their clients (with some exceptions/limitations). Breaching attorney-client privilege may also lead to license suspension and other consequences.
Crimes of moral turpitude
As an attorney, you are expected to always act honorably and in accordance with the rules of ethics and professional responsibility, even when you are not actively working. Committing a criminal offense, particularly a felony, can result in a suspension of your attorney license or disbarment, depending on the severity of the crime.
Losing the law license you worked so hard to obtain can be devastating on a personal and professional level. Hiring at attorney to help you get your license back as soon as possible may be in your best interest.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472772022-12-12T05:48:10Z2022-02-14T15:42:51ZAre there professional license consequences for a DUI arrest?
There can me ramifications if you have been arrested for a DUI in California. If you provided fingerprints for your professional license, then those fingerprints will be cross-referenced when you are booked in jail for the DUI. When this happens, the details about your arrest will be simultaneously transferred to your California professional license board.
The licensing board will probably categorize the arrest as “unprofessional conduct”. When this happens the licensing board will look at any aggravating factors when they determine how to discipline your professional license. Aggravating factors may include:
If there was an accident
Blood alcohol level
Injury to others
Test results indicating any other controlled substances
These factors are also taken into consideration for your criminal trial. Depending on the severity of the criminal charges you can also be facing suspension, probation or even revocation of your professional license.
Professional license attorney
Because so much is on the line when you are arrested for a DUI, it is important that you contact an attorney who specializes in professional license defense as soon as possible. Each board has a formal process of discipline. If you lose your professional license, you will face an uncertain future. Hiring an attorney to represent your interests is important in making sure your future is protected.]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472752022-01-14T09:19:01Z2022-01-31T09:18:12Z
Keep good records. A childcare provider should understand that keeping good records is important for any business. Ensuring you have the proper records to detail compliance with state regulations can help if you are ever investigated.
Don’t wait to take action. A good offense if the best defense. Hiring an attorney immediately to control the narrative is essential.
Keep on top of regulatory changes.Procedural changes are common as new rules and regulations occur every year. Failing to stay on top of these rules can lead to code violations, suspensions and even license revocation.
An attorney who specializes in licensing defense in California understands that their client is facing serious charges that can affect them for the rest of their lives. An attorney can help tell their client’s side of the story and make sure their legal rights are protected.]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472682022-12-12T05:50:37Z2022-01-04T09:32:17ZSimple citations
The California Department of Real Estate is the agency in charge of issuing citations to licensed real estate professionals. Typically, the Department only issues citations for minor infractions. Its goal is to enforce compliance rather than punish, so citations are often limited to correcting the alleged wrongdoing rather than levying punitive fines. However, the Department does have the ability to fine a professional – up to $2,500 per offense.
You can contest a citation
A citation is an allegation of wrongdoing, not proof of wrongdoing. And the agency, like any other organization, can be wrong in their accusation. Anyone who receives a citation has the right to request a hearing on the matter. The cited individual must notify the Department of their desire for a hearing within 30 days. The Department will then schedule a conference, at which the individual can meet with the Department and discuss the citation. You can bring documents or other evidence and present them to the Department’s representative, so that they may reconsider the citation’s merits.
Within 30 days of the conference, the Department will either affirm, dismiss or modify the citation. Should the citation stand, and you still wish to contest it, you are entitled to a formal administrative hearing. You also have the right to representation during this hearing and both you, and the Department, will be bound by the result.
]]>On Behalf of Century Law Group, LLPhttps://www.license-defense.com/?p=472702022-12-12T05:39:47Z2021-12-29T14:59:26ZPossible disciplinary action
Violations may result in disciplinary action. The BRN has the authority to discipline a registered nurse for violations that include:
Drug or alcohol abuse
Practicing nursing without a license
Mental impairment that affects patient care
Unprofessional conduct
Failure to meet the standard of care
Criminal conviction
After an investigation by the board, they may choose to move forward with a formal charge or accusation. A formal administrative hearing may also take place in which an administrative law judge issues a decision. Although it is preferred to have the outcome of the board investigation be a dismissal or a withdrawn accusation, probation may be an option.
Steps to protect your rights
The first step involves drafting a formal response to a BRN inquiry to prevent the disclosure of unnecessary information and, hopefully, avoid further investigation. Should investigations proceed, proactive representation is paramount during disciplinary proceedings to protect rights, reputations, and a professional license.
Five stages in defending nursing licenses include:
Complaint or criminal charges filed
The Board of Registered Nursing (BRN) Enforcement Program accepts online complaints from both the public and anonymous parties alleging violations of the law, regulations, or professional standards. If a complaint is found to fall under board jurisdiction, it will be referred to one of twelve district offices for investigation by the Department of Consumer Affairs (DCA).
The California Board of Nursing disciplines nurses when it receives a complaint from a patient, doctor, hospital, or anonymous party. The BRN also takes action when a nurse is convicted of a crime. Disciplinary or criminal actions taken against them in another state require reporting the information to the California NURSYS national database.
Interview with the board investigator
If there was a complaint filed against you, a BRN investigator may have reached out to you already and will want to set up an interview with you. You may have also received a letter asking for your authorization to release records such as those related to your employment.
Filing of formal accusation
Knowledge is power during an investigation. You must have a thorough understanding of the accusations against you, the specific timelines and deadlines, the role BreEZe plays, and how investigators use the online system.
Interactions with The Board of Registered Nursing will include discussions over surrendering your license and possible reimbursement for investigation costs. From there, we will focus on practical strategies and possible appearances before the Department of Justice, Office of Administrative Hearings (OAH).
The objective is to secure the best possible outcome through effective defense strategies tailored to your specific case. In the end, the goal is to protect your professional reputation and minimize, if not eliminate, the consequences you may be facing.
Formal administration hearing
Preparing for the Office of Administrative Hearings will go beyond the hearing's location. Timelines for a judge's decision are based on the severity of the accusations. Exploring the best possible outcome may involve specific scenarios that include retaining a license on a probationary basis.
Filing an appeal/requesting reinstatement or penalty reduction
You should know that an adverse ruling that results in the loss of your license is not the end of your case. Formally known as a Writ of Administrative Mandamus, you can appeal the decision within 30 days. That process will include petitions for surrendering your license or having it revoked.
Appearing before the California Court of Appeals provides you a second chance and the possibility of reinstatement and penalty relief. Other options include early termination of probation and modifications of the penalties imposed by the Office of Administrative Hearings.
Careers are at stake when a nurse is under investigation for misconduct. Nurses are held to a high ethical standard and any infraction can result in potentially severe consequences.]]>