Professional Licensing Defense Attorneys for Psychiatrists in California
Our Kosnett Professional Licensing Defense Attorneys for Psychiatrists in California are skilled legal advocates for licensed psychiatrists facing investigations and disciplinary proceedings before the Medical Board of California, or MBC, and during civil lawsuits filed by patients or their guardians.
Our Los Angeles psychiatrists defense lawyers know the MBC receives complaints about licensees from law enforcement and other government agencies, consumers, and professional societies, and during auditing processes regarding allegations and reports of non-compliance or misconduct.
Allegations of misconduct and/or psychiatric malpractice are common in Los Angeles County and throughout California, and when mental health professionals are accused of wrongdoing, they need a strong and experienced legal defense team by their side.
Our psychiatrists defense attorneys in Los Angeles are trusted advocates and are here to help all mental health professionals — no matter where they practice in California — pursue a successful outcome for your unique legal matters, so you can preserve your reputation, integrity, and livelihood going forward.
When Should I Consult with a Licensing Defense Attorney for Psychiatrists in California?
At Kosnett Law, our Los Angeles and Irvine professional licensing defense attorneys for psychiatrists in Orange County know that not all professional investigations are related to discipline, which is why we offer end-to-end legal representation for mental health professionals throughout California.
If you are contacted by an investigator, attorney, or administrator for the Board, note their contact information, and call our California defense lawyers for psychiatrists today. We will identify the issue and, when possible, resolve it at the earliest stage by replying directly to the investigator. Going forward, we will manage all future communication through our law firm in a manner that is documented and controlled, so your rights are protected from the start.
Any statements you make to an investigator can become admissions that can be used against you later in court, which makes having an experienced California psychiatrist attorney an integral part of your professional success.
That means you do not have to speak with the Board, or any other investigative branch, without understanding your legal rights and options to pursue the best outcome.
Our professional licensing defense attorneys for psychiatrists represent existing professionals throughout California and assist future psychiatrists in obtaining their licenses when obstacles like past criminal convictions are obstructing their professional paths.
What are the Most Common Accusations Alleged Against Psychiatrists in California?
Psychiatrists fall into a medical profession that requires more than one type of legal representation to ensure their license and reputation remain intact throughout their careers.
Some accusations alleged against psychiatrists involve their licenses to practice psychiatry being denied, under investigation, or subject to revocation and discipline by the Board. Other may be personal injury or civil lawsuits filed by patients or their guardians.
The most common Board investigations are the result of allegations regarding:
- Anger management issues
- Conflicts of interest
- Sexual relationships with clients
- Breaches in the standards of community practice, including gross negligence and/or incompetence
- Criminal charges, including domestic violence, assault, or theft
- False advertising
- Failing to report a patient making a threat to physically harm another person
- Fraud or other crimes
- Insurance billing fraud
- Accepting payments or paying for patient referrals
- Providing services in which they have not been trained or licensed
- Substance abuse
- Transference issues
- Unethical, unprofessional, or negligent acts
- Violating the patient’s confidentiality
- Failure to comply with mandatory reporting requirements
- Focusing therapy on the psychiatrists’ problems, rather than the patient’s
In addition to the Board’s investigations and disciplinary actions, some psychiatrists are met with personal injury or medical malpractice lawsuits that are brought directly by the patient or their guardian.
Civil lawsuits often allege claims that may include, but are not limited to:
- Failure to order the hold of a patient in a psychiatric hospital against their will for up to 72 hours, also called a 5150 hold
- Misdiagnosis of a psychiatric disorder
- Failure to provide adequate mental health counseling
- Overprescribing or under-prescribing medication
- Patients causing severe harm to themselves or others
- Patients committing suicide or wrongful death claims
- Sexual misconduct
Another major issue affecting psychiatrists in California is when or when not to report a patient for something they said in a therapy session. Historically, everything discussed in session was protected and confidential by the patient-therapist privilege. Now the law requires mental health professionals to report patients for threats to physically harm another person, or other potentially dangerous statements.
Our lawyers are knowledgeable and have extensive experience in the standards of care for the psychiatry profession, and work with mental health professionals and experts who will allow our law firm to evaluate the strength of the investigation or claims leveled against you, so we can aggressively defend your rights, best interests, reputation, and career.
At Kosnett Law, our professional licensing defense attorneys also following services:
- Insurance Professionals
- Medical Technicians
- Real Estate Professionals
What is the Psychiatry License Review, Investigation, and Recommendation Process in California?
When the Medical Board of California receives notice of unprofessional conduct — whether it comes from a law enforcement official, peer, private citizen, or patient — they must investigate the claims to determine the type and severity of the violation.
Minor findings may end in the issuance of an educational letter that invites the licensee to a voluntary educational review, or a citation and fine, before the Board confidentially closes the case.
More serious violations may be referred to a deputy attorney general for formal disciplinary action and official complaint, which initiates a formal hearing process under the California Administrative Procedures Act.
These administrative hearings can lead to penalties that are imposed through:
- Letter of reproval
- Interim license suspension order
- License suspension
- Surrender of license
- License revocation
Each psychiatrists’ professional licensing defense needs are unique and require an experienced Los Angeles psychiatrist’s attorney to evaluate the complete allegations before responding to the Board’s investigator or a request for information.
You have important statutory and constitutional rights as a licensed psychiatrist, and complex legal duties to your clients, so we advise you to refrain from answering questions, providing documents or evidence, or agreeing to other actions without an experienced legal professional by your side.
Contact our psychiatrists defense lawyers in California today to learn how we can help with your unique case during a free consultation.
What Happens Once Contact From the Board Turns Into a Case?
Once contact from the Board evolves into an actual case, the investigator will file an internal report, which may result in the filing of a statement of issues, denying an application for licensure, or an accusation, seeking to discipline an existing licensee through a warning, public reproval, probation, suspension, or complete revocation.
If a case is filed, we will defend our client in the Office of Administrative Hearings, or OAH. We engage in discovery, attempt a settlement, and then go to an evidentiary hearing, or trial, if necessary.
After the trial, the Administrative Law Judge, or ALJ, issues a Proposed Decision, which is then either adopted or not adopted by the Board.
If the Board adopts a decision unfavorable to the client, we can seek Reconsideration, and if that is denied, or not sought at all, then we can proceed to file a Petition for Writ of Administrative Mandamus or Mandate in the Superior Court.
We will attempt to resolve it in a way that saves your license, protects your reputation, and minimizes or eliminates any disciplinary actions.
We will also use our litigation skills and unique experience to provide premier defense services aimed at protecting the license critical to your work and career if charges arise from the complaint.
How Will the Kosnett Professional Licensing Defense Attorneys for Psychiatrists in California Help With My Unique Case?
Our experienced Kosnett Professional Licensing Defense Attorneys for Psychiatrists in California represent clients during the initial investigation, formal actions, statements, administrative hearings, and appeals to help mental health professionals protect their licenses, reputations, and careers.
The law firm’s policy is to provide a free consultation, via telephone, online conference, or in our offices, to every person or business needing legal advice or representation. Our unmatched reputation in California extends throughout the United States, with international practice in the Caribbean, Latin America, Europe & Asia.
Call Kosnett Professional Licensing Defense For Schedule Consultation Today
Contact our skilled Kosnett Professional Licensing Defense Attorneys for Psychiatrists in California today to schedule a free consultation by calling 310-445-5900 or contact us online to learn about our track record of success, and why it is second to none.