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6 Common Reasons Doctors Lose Their Medical Licenses

April 6, 2021
Doctor with Pens on His Pocket — Los Angeles, CA — Spiga and Associates

Doctors spend years in school, put in extra effort to pass challenging exams, and even enroll in residency programs as they practice their careers. Doctors only get a medical license when they complete their schooling and earn the title of a doctor, so the loss of a license is usually a cause for alarm.

Here are six reasons why a licensed doctor may lose their practice license. 


1. Substance Addiction

Stress from loss of patients, insurance changes, and personal life challenges can make some doctors become addicted to drugs to manage the stress. A doctor who is always drunk or in possession of drugs may not perform their medical duties well, and this act can make one lose their practice licenses.


Doctors should avoid excessive use of drugs, even when they are stressed. The nature of their career requires them to interact with many people, which means that someone can easily recognize their drunken state and report them. Numerous complaints from patients or other doctors in regards to drug addiction can easily cause the loss of a medical license.


2. Insurance Fraud

Every doctor should maintain honesty, integrity, and ethics at all times, and especially when dealing with insurance firms. A doctor, who knowingly alters the medical records, enters the wrong insurance codes, or charges more insurance costs to some patients can lose their medical licenses.

The Medical Licensing Board takes such mistakes as fraud, no matter how small they are. Doctors should be keen and avoid mistakes or fraud which could provoke the medical board to take their licenses.


3. Patient Abuse

It's the responsibility of every doctor to listen to their patients and treat them well. Any abuse or misconduct towards the patients can make the doctor lose their license or job.

The main types of patient abuse include sexual harassment, physical abuse, or verbal abuse. Doctors should be careful about what they tell their patients or the patients' families. They should not in any way abuse the trust that the patients have in their doctor.


4. Drug Prescription Violation

Doctors should be keen on drug prescriptions because a single mistake can make them lose their hard-earned medical licenses. An incorrect drug prescription can cause adverse health effects on the patients or even death in the worst scenarios.

When that happens, the patient can sue the doctor for medical negligence or malpractice. If the patient has enough evidence that they were prescribed the wrong medication, chances are high that the doctor will lose their license or pay hefty court fines.

Health practitioners should ensure that they prescribe the right medication to their patients and seek help from other doctors if necessary to reduce the cases of prescription violations.


5. Records Loss or Misplacement

Every doctor has to keep patient data and other sensitive information secure. Doctors who fail to keep records safe can easily face a record misplacement lawsuit, especially if the patients' data lands in the wrong hands.

Doctors should maintain the patients' reports well, and if possible, create a database backup just in case the papers get lost. The patient should get handy information if in case of any data breach.


6. Patient Discrimination

Every doctor should treat all patients equally, irrespective of their religion, race, age, or gender. Any patient discrimination case can lead to serious legal repercussions, with the main one being the loss of the medical license.

The above are just a few of the many possible reasons why doctors may lose their licenses. If you are charged with any mistake which could make you lose your medical license, reach out to Spiga & Associates as soon as possible. Our dedicated legal team will defend you and help you retain your medical license.

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You see him or her on your television, in your professional journals, and on your home page . . . the “Poster Child.” The Physician existing on the fringe of the profession, who gets arrested for overwriting prescriptions for Schedule II substances . Their example is easy to dismiss. The average M.D. engaged in legitimate practice seemingly has nothing to worry about. This fate befalls the slacker, the greedy, the foolhardy. Don't be so sure, any M.D. who prescribes Schedule II substances as a regular part of their practice is only one adverse patient outcome away from California Medical Board and possibly criminal investigation. For example, Surgeons and Physicians practicing in Emergency Medicine, Oncology, and Pain Management, routinely write hundreds, if not thousands of prescriptions for Schedule II substances. There is no way for a Physician to control the patient’s use of controlled substances, yet a dangerous and influential myth is being propagated that a physician is a fortune teller and can predict which patients will misuse the substances provided. Further complicating the issue is the difficult ethical landscape navigated by Physicians dealing with patients presenting legitimate symptoms demanding treatment with Schedule II and III substances, but who are nevertheless, drug dependent. Long term pain management patients are at particular risk of overdose due to their high tolerances leading to increasing dosages and the difficulty in weaning them off the substances they have become dependent upon. Should a patient die or suffer an adverse outcome that is somehow connected to a prescription for a schedule II substance, a criminal and California Medical Board investigation is sure to follow. Oftentimes the investigation will be spearheaded by investigators for the California Department of Consumer Affairs working in conjunction with local law enforcement but who also work on behalf of the Medical Board of California. These investigators are sworn peace officers and have the power to arrest and working with the Attorney General or local District Attorney also have the ability to bring criminal charges against a Physician. These investigations start out invisibly with scrutiny of CURES II reports detailing a Physician’s prescription history. All patients receiving scheduled substances will be given particular attention. Soon after, the physician will receive a request for patient records, followed by a letter of investigation from a California Department of Consumer Affairs Investigator indicating that a complaint has been made and requesting an interview. They do not inform the Physician of his or her right to counsel or whether the Physician even has the right to refuse the interview. Nor do they inform him or her of their right to review the complaint. Believe it or not, one of the common mistakes Physicians make in dealing with these investigations is not taking it seriously. They will delay responding or not respond at all. Often Physicians confident in their prescribing practices will have a false sense of confidence going in to such an interview and will wing it without consulting consul. Those Physicians learn the error of that approach through hard experience. If you are facing such an inquiry. Take it very seriously, Your medical license is your most important asset. If you have an adverse patient outcome that has come to the attention of your Hospital Administration, The Medical Board of California or local law enforcement, call Spiga and Associates immediately. Because of our 25 years of experience in both Criminal and Administrative defense we are uniquely qualified to defend you and your medical license.
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