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We Care !
A California physician license is earned by years of exhausting work and sacrifice. Our physician lawyers understand your investment. When our lawyers promise to fight for you, our word is our attorney’s bond. We see you as a “whole person” and as a firm of lawyers for doctors, we understand how intertwined your career and life truly are.
Daniel Horowitz has over 40 years experience as an attorney for doctors fighting Medical Board investigations and defending MD’s at Medical Board administrative hearings. His physician defense team consists of seasoned professionals including a physician lawyer (who is actively practicing medicine), an MBA and a former Naval Intelligence officer. The team can provide you with the highest quality personalized defense that you deserve.
The core strategy for a Medical Board case is to contain and limit the scope of the investigation. Prefiling negotiation can often resolve an issue with a vindication, citation or minor discipline. If the Board through the Attorney General, makes an offer that you must refuse, we will set an administrative hearing to litigate the contested issues.
HOW THE HOROWITZ OFFICE APPROACHES A CASE
Every Case is Different
Every case is different. The medical landscape is every changing. Discipline and Accusations follow politics.
We look at the local politics, national trends, criminal law trends, and the specific motives of the persons who are initiating and pursuing the case against you. We never forget that a Medical Board complaint is often the opening salvo to a career challenge or civil lawsuit for damages.
Attorneys Must Be 100% Up to Date
Yesterday’s successful defense may be today’s disaster. Times change and a top attorney never stops updating his/her strategies and case preparation. Recycled solutions are rarely adequate.
Our Firm Considers Matters Other Lawyers Ignore
The Horowitz law firm consists of attorneys and team members with broad expertise. Our experience and insight runs deep and we raise issues that other lawyers do not even consider. Our teams include a physician/lawyer, MBA, licensed chiropractor law school graduate and investigators with law enforcement and national security experience. We take in the total picture.
How can this help you ? Consider this question: Can criminal law affect you as a physician when you are facing a non-criminal medical board inquiry ? We know the answer to this question.
What rules apply to opiate prescribing ? Are there state rules ? Medical Board rules ? Do local rules matter ? We dig deep to answer these questions so that your defense is cutting edge and completely up to date.
In the Opioid Example: Can You Use a Criminal Supreme Court Case ?
The answer would fill many web pages but consider this. Does the Board have to consider the doctor’s state of mind in making the prescriptions ? If you are honest in your belief that you are helping the patient, should that be considered ? In the criminal context the Supreme Court just ruled a resounding “Yes !”. (See: CNN’s write up of this case which was decided in favor of the doctors). A careful review of that case contains nuggets that can be used in the Board defense context. Consider this – if state of mind is relevant to whether a crime has been committed isn’t there a relationship between the physician’s state of mind, judgment and rational decision making ?
In the Opioid Example: Can You Use Local Standards ?
What about local standards ? These are not “law” but they need to be reviewed. If you are in compliance with those suggested guidelines the absence of specific official legal force does not change the fact that these rules are strong evidence that you are acting within the standard of care. (See: ACCMA standards). The same is true of pending regulations, submissions supporting changes in regulations and rules for other states.
Dismissals Depend Upon Persuasion & Preparation
We take a comprehensive and aggressive approach to front load your defense. Stopping an investigation before it grows to an Accusation is the highest priority. Time is of the essence. A Medical Board complaint takes on a life of its own and grows like a weed.
However, even with our best efforts we cannot always succeed in preventing the filing of an Accusation. However, the work we do to attempt to head off the Accusation can be used as the case moves forward. Also, the Board’s filing of an Accusation and the setting an administrative hearing is not the end of negotiation. The Horowitz office has obtained full voluntary dismissals after an Accusation has been filed.
In cases where an evidentiary hearing must be held, few attorneys have the trial experience of Daniel Horowitz. He has been lead counsel in thousands of evidentiary hearings and has over 200 trials to his credit. Daniel has been a law school professor teaching trial law and he lectures and publishes on this subject. Our experience is unmatched among physician lawyers and it is a major differentiator for you to consider in selecting the best lawyer for your needs.
Beware Peer Review “Coaching” & Deals
Do not believe for a minute that a congenial resolution resulting in a “coaching agreement” or other collegial resolution is a safe choice. It may be the only choice but there is a reason that the medical staff/hospital has adopted a formal resolution process. Their attorneys are involved. They have a roadmap. Your initial concession makes later actions against you seem reasonable and fair – even if they are not. Beware resigning. Beware changing jobs. Informal agreements can trigger Medical Board or NPDB (National Practioner Data Bank) reporting. Legal advice is not a sign of bad faith or contentiousness on your part. It is a prudent backstop to protect your career and your license.
For a Confidential Consultation Call (925) 283-1863
DANIEL HOROWITZ – Memberships & Recognition
- American Health Law Association
- American Bar Association – Health Law Section
- California Society for Healthcare Attorneys
- Alameda-Contra Costa County Trial Lawyers Association
- Lecturer Pinkus Professional Education
- Lecturer Alameda-Contra Costa County Trial Lawyers Association
- Recognition – Top 100 Trial Lawyers (The National Trial Lawyers Association)
- Recognition – Top 1% (National Association of Distinguished Counsel)
- Recognition – Super Lawyers
- Certified Specialist – Criminal Defense (State Bar of Ca. Board of Legal Specialization)
- Lecturer CPDA/CACJ
- Publications numerous including CEB, The Verdict, ACCTLA
- Admitted – United States Supreme Court (1999)
- Admitted – United States Court of Appeals 9th Circuit (1998)
- Admitted – Supreme Court of California
- Court Appearance Cyprus
- Court Appearance Israel
- Court Appearance Canada
- Court Appearance The Netherlands