What To Do if You’ve Received an Accusation Against Your Professional License in California
In the medical and health care area of professional license defense the attorney must understand what negligence is and is not what gross negligence “is” and “is not.
If you have received an accusation against your professional license from a California Deputy Attorney General you need to be sure to follow any directions served with the accusation.
And best to contact an attorney immediately. With the types of professional Medical and Health Care licensure defense cases we handle these are “those Board’s” “disciplinary guidelines”. These are guidelines And not set in stone.
Medical Board of California Disciplinary Guidelines
Board of Psychology Disciplinary Guidelines
Physician Assistant Board Disciplinary Guidelines
Board of Vocational; Nursing and Psychiatric Technicians Disciplinary Guidelines
Board of Behavioral Science Disciplinary Guidelines
Dental Board of California Disciplinary Guidelines
Professional License cases are very dynamic usually with many people having made statements to the Boards investigators saying all kinds of things.
If you take it to Hearing I will get to the truth of what happened by examining the people who made those statements asking them questions in front of the administrative law judge. Cases turn on the questions attorneys ask and the answers witnesses give. The judge will listen to the questions and their answers and form an opinion about what happened.
After much time working with you preparing you in advance of the hearing, I will have you testify and tell your side of the story to the Administrative Law Judge. This will be done by questions from me and answers from you. After that when the Deputy Attorney General for the Board cross-examines you asking you questions in front of the judge, you will be less anxious, and clear on your facts, because you will be well prepared by me before the Hearing takes place.
Administrative law is not part of the civil and criminal superior courts. The hearings are heard in an administrative law courtroom in a State of California office. Please SEE link to learn more: https://www.dgs.ca.gov/OAH
In criminal law the prosecuting attorney is required to “prove guilt beyond a reasonable doubt. In other words, “the standard of proof” is 100 percent in order to convict
But in Administrative Law Hearings the “standard of proof” is 70 percent. That standard is called “clear and convincing” evidence.
But just like criminal and civil law evidence is heard through testimony and documents. If you go to an Administrative Law Hearing there will be a judge seated on the bench but no jury. There will be a Deputy Attorney General prosecuting you and your attorney will be defending you. There will be a court reporter taking a transcript of the entire hearing. Hearings are usually two days although I have had complex hearings that lasted for three weeks.
At Biggs Law Office, the seriousness of your situation will receive my full attention. I am attorney Michael S. Biggs. I have helped many Medical and Health Care professionals preserve their professional licenses under a wide variety of circumstances.