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Physician Representation

PHYSICIAN PRACTICE AREAS

Medical Malpractice

We are NOT medical malpractice lawyers. We do not routinely defend or prosecute medical malpractice cases (except in the rarest of instances). If you have a malpractice case please consider hiring one of the very experienced and excellent attorneys who specialize in this area.

Whistleblower Lawsuits

We do file lawsuits against hospitals and other corporate entities on behalf of physicians and patients. See our webpage for Dr. Kalamas’ lawsuit against John Muir Health. See also our victory on behalf of Dr. Judson Brandeis against Pacific Urology and Diablo Valley Oncology & Hematology (DVOH)

MSO’s, Corporate Formation, Contracts

Providing legal advice to doctors requires a broad and specialized range of experience.

For example, a management services organization (MSO) is a health care management tool that frees a physician to practice medicine. This structure’s strengths also invoke the dangers of the corporate practice of medicine.

Working with the legendary Charles Bond whose firm Physician’s Advocates is the premier medical contract group in the country, we can review, structure and restructure MSO entities and MSO stock agreements to meet state and federal standards.

If you are subject to an MSO and feel controlled, we can guide you out of the toxic relationship.

Complex physician partnerships that interact with MSO’s and medical groups can be cleaned up and screened for kickback and Stark law violations.

Group Formation

On an individual basis our health law advocates can focus on group formation or individual physician contract review. We can evaluate procedures to protect against HIPAA violations and assist in establishing rules and procedures to properly supervise Physician’s Assistants and in group Nurse Practitioners.

Daniel Horowitz has a team for contract negotiation, medical group formation and transactional law which includes an MBA and the legendary Charles Bond of Physicians’ Advocates. As a Registered Investment Advisor, Daniel Horowitz can also assist you in establishing the most effective structure for your retirement needs.

If you are negotiating your own employment contract please read Mr. Bond’s article describing the Top Ten Mistakes Doctors Make Negotiating Their Own Contracts. Daniel Horowitz analogizes a physician contract as a “honeymoon”, the parties have great hopes and dreams. But … the contracts for medical groups are written by attorneys who prepare the group for a less collegial future and the provisions that seem “strange” today can be damaging to your career in the future.

MEDICAL BOARD DEFENSE

Medical board defense is often partially reimbursed by your malpractice insurance carrier. Peer review suspensions and other discipline will trigger a medical inquiry.

Unlike most other professions, even an allegation with little evidence can result in license suspension and the destruction of your reputation.

Less Rights Than Criminals

A physician may be at risk of losing their license to practice medicine when an allegation of substandard care, unsafe behavior, drunk driving convictions, drug or alcohol abuse, insufficient record keeping, dishonesty, or other unprofessional conduct.

So many physicians say to us “What about my constitutional rights to defend myself ?”

You can guess our answer. “If you want constitutional rights, become a criminal. As a doctor you have very few.”

In a criminal case your right to force witnesses to testify is guaranteed under the Sixth Amendment to the United States constitution. You don’t have that right in a peer review hearing. In a criminal case you have Brady rights to see evidence that favors you. Those rights may exist on paper in peer review hearings but there is no effective enforcement mechanism.

Medical board investigations have a star chamber quality. In many states you get to see the bare bones complaint that started the investigation. In some states you only get a summary. The actual investigative file which has all the important material, is usually withheld.

Daniel Horowitz has Extensive Administrative Hearing Experience

Medical board defense, fraud and federal crime defense, and peer review representation are areas of major focus for Daniel Horowitz. The deck is stacked against the doctor and it takes exceptional insight and experience to obtain a fair outcome.

Administrative hearings require knowledge of courtroom procedure but these hearings are generally forward looking to Superior Court and Appellate Court review. This is because the administrative process is strongly tilted against the doctor and in favor of the board and its attorney. Winning at an administrative hearing is possible but winning is often defined as making a proper record so that a more independent reviewing court can rule in the doctor’s favor.

Criminal Exposure

Nothing will end a career like a criminal conviction but at times the law is extreme and unfair. Small violations get blown out of proportion. Business disputes become tactically criminalized. Our group of associated independent attorneys has 4 board certified criminal defense specialists experienced in state and federal law.

MEDICAL FRAUD

Medical fraud is now touching many innocent physicians caught up in DME or Genetic Testing chart review schemes, catheter and other Rx scams where third party providers pretend to be under the control of the medical group. We have extensive jury trial experience in state and federal court. We have negotiated and taken to jury trial insurance fraud, billing fraud, upcoding, improper referral of medical matters to non-physicians, insurance fraud and countless other insurance, medical and healthcare based cases.

Criminal Charges in General

We represent physicians charged with alcohol related offenses, domestic violence and the other criminal charges that resolve for most people but can devastate a physician.

CERTIFIED SPECIALIST

When you are charged with a crime many states have levels of specialization relating to criminal law. While excellent attorneys may choose not to seek the specialization endorsement, it is often a differentiator that a client can consider and trust.

Image of specialist bear for state bar of california certifying daniel horowitz physician lawyer as a criminal defense specialist
Criminal Defense Specialist

Daniel Horowitz leads a group of affiliated attorneys which has four criminal defense specialists (certified by the Board of Legal Specialization, State Bar of California).  Certified Specialists are rare in California. There are only several hundred criminal defense specialists in the State. There are undoubtedly excellent criminal defense attorneys who qualify but have chosen not to seek certification. However, the term “specialist” cannot lawfully be used in California in reference to an attorney unless she/he has qualified through testing, peer review, judicial review and extensive continuing education requirements. It is certainly a differentiator which is worth considering when your career and future are at stake.