Frequently Asked Questions

Call me ASAP, and do not speak to any investigator or attorney until speaking with me first. Remember, the Investigator is not your friend. 

Remember, most of the time the physician under investigation will be cleared of any wrongdoing or misconduct. Only a small percentage of complaints result in actual investigations, and only a small percentage of actual investigations result in a formal accusation. That said, here is a list of things you should NOT do:

1. Do not panic.  While I understand that a notice of investigation is frightening, this is a matter that has to be dealt with carefully, deliberately, objectively and professionally.  I can help you with that.

2. Do not ignore or dismiss an investigation. For example, if there is an inquiry, there are strict guidelines and deadlines regarding your response. Responding thoroughly, and in a timely manner is critical. And again, having the assistance of counsel is always prudent.

3. Do not presume your innocence. Indeed, when it comes to addressing complaints, I think a better way to go about it is to act as if you are presumed guilty until proven innocent. Well, I realize this is challenging, it requires you to go on the offensive marshaling and compiling evidence that neutralizes the accusations.

4. Do not talk to anyone. Do not discuss this matter with anyone, and do not provide any information, response, documents, or discuss the case with an Investigator without your lawyer, helping you to compose a response.

5. Do not speak to, discuss the case with, or attend a meeting with an investigator without having your lawyer present. If an investigator unexpectedly shows up at your office, wanting to speak with you, let them know that your counsel instructed you to not speak to an investigator without your lawyer present. Again, they are not your friend.

Again, call me ASAP. Obviously, you need to respond. But the response, along with providing supporting documentation, needs to be carefully considered. A solid response with corroborating evidence will often bring an end to the matter. 

An investigator from the relevant licensing board, Will interview the licensee, the complainant, patient, and perhaps coworkers and employers. The Investigator also gathers documentation, including patient records, personnel, records, prescribing records, etc., from various sources. After the investigation is completed, the investigator prepares a report, which then is reviewed by an expert who determines whether there was a departure in the standard of care.  If the expert opines that there was a departure in the standard of care, then the licensing board makes a determination about filing an actual accusation. 

Consult with your lawyer ASAP. Neither of the board, nor the investigator is your friend. Your interview will be recorded. Anything you say can be used against you. Get rid of the notion that being cooperative and candid with the Investigator will result in a quick resolution of your matter. Again, don’t handle this yourself, and work carefully with your lawyer. I can instruct you on how to prepare for an interview with a board Investigator. 

No. Licensing boards do not discuss details or give status updates on complaints during a pending investigation. Complaints are confidential and are not public record unless an accusation is filed. 

Call me ASAP. Remember, you only have 15 days from the mailing date of the accusation to complete the notice of defense form and mail it to the agency by certified mail. Return receipt request requested. Maintain a copy of the notice of defense and contact the licensing board to make sure they received it. 

The notice of defense is a form you fill out and send to The licensing board or their attorney, which is generally the attorney General‘s office. However, do not provide any explanation in your notice of defense. All you are doing is simply stating that you will defend against the accusation, and nothing more. 

While you can go it alone, doing so is imprudent. Remember, the licensing board will be represented by an attorney, generally from the attorney general‘s office. The administrative law judge will hold you to the same standards as that of a lawyer. Not understanding the rules and procedures can be disastrous.  Remember what Abraham Lincoln said: “a lawyer who represents himself has a fool for a client“.