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.
Our professional licensing defense lawyers can advise clients on all necessary steps to navigate the licensing defense process, and help identify strategies for achieving the best possible result. The professional licensing defense process starts when a subpoena or request for records is received from the Department of Community Health. 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 of care 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.
Our attorneys have guided hundreds of licensed professionals facing disciplinary actions through the process of responding to licensing subpoenas and investigations initiated 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