Business Practices

Health Law Services

Healthcare Professional Licensing Defense

Overview

Smith Haughey’s professional licensing lawyers have a long tradition of representing and defending healthcare professionals in professional licensing disciplinary actions in Michigan. Our attorneys represent all licensed healthcare professionals governed by Michigan’s Public Health Code including chiropractors, counselors, dentists, nurses, pharmacists, physical therapists, physicians, psychologists, social workers and veterinarians.

There are a few important steps to take and our professional licensing defense lawyers can help identify strategies for complying with the request. The professional licensing defense process starts when a subpoena or request for records from the Department of Community Health is received. If an interview has been requested by a department investigator, the decision whether to meet with the investigator should only be made after consulting with experienced licensing counsel. Whenever the complaint alleges any substantive matters, our lawyers assist with negotiations during the settlement conference and help evaluate the proposed resolutions. During a hearing, our attorneys cross-examine the department’s expert witnesses regarding the alleged breaches of the standard by the licensee and may present our own witnesses and exhibits. The firm has an extensive health care professional expert bank developed over 75 years of representing health care professionals. Later, we can counsel licensees who are subject to disciplinary action with regards to making the required reports and notifications.

Experience

Our attorneys have guided hundreds of licensed professionals facing disciplinary actions through the process of responding to licensing subpoenas and investigations presented by the Department of Community Health. We help those facing administrative complaints filed by citizens, the licensing division, a colleague or peer, hospitals or employers, or the Attorney General including:

    A violation of general duty, consisting of negligence or failure to exercise due care
    Incompetence or failure to comply with minimal standards of care
    Substance abuse or mental or physical inability
    Misdemeanor or felony criminal charges
    Lack of good moral character
    Alteration or destruction of medical records
    Fraud in obtaining or attempting to obtain fees and other unethical business practices
    Final adverse administrative action by a licensure, registration, disciplinary, or certification board by another state
    Practice outside the scope of a license
    Betrayal of professional confidence
    Unlawfully prescribing or administering drugs
Practicing Attorneys

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