Some people who are facing criminal charges want the case to be over with as soon as possible. They may be interested in finding out if they can work out a plea deal with the prosecution. While that might seem like a good idea, it’s one that must be carefully...
Criminal Defense
How you could risk losing your professional license
Medical professionals depend on their professional licenses to make a living. Acquiring a professional license takes years of education, training and preparation. In Pennsylvania, nurses must even pass a state-administered test before they can legally practice. It...
Safeguarding against allegations of sexual assault
There is no question that the mere act of being accused of sexual assault could affect your career, your reputation, your personal life and even your freedom. As a result, you need to take steps to safeguard your medical or nursing license from accusations while...
A juvenile record and your medical license: What you should know
A lot of people get into trouble with the law when they’re teens or even pre-teens. Fortunately, as long as the offense isn’t so serious that you’re tried as an adult, you typically don’t have to worry about a juvenile offense for which you were found to be guilty...
A plea deal can affect your professional license
If you are a licensed professional, such as a doctor or nurse, there is a lot more at stake than your freedom if you are charged with a criminal offense. Your career, reputation and livelihood may also be on the line. Depending on the nature of your offenses, a...
What is actual loss pursuant to USSG § 2B1.1(b)(1)(G)
In every federal criminal indictment, trial, and sentencing after a plea or conviction, a defendant’s fate is guided by the actual financial loss the criminal acts caused. In United States v. Banks, — F.4th —- (Nov. 30, 2022), Frederick Banks was convicted of fraud. At sentencing, the federal judge applied the USSG § 2B1.1(b)(1)(G)’s enhancement for the intended fraud loss, not actual loss, because there was no actual monetary loss. Banks appealed and on November 30, 2022, the 3d Circuit court of appeal reversed his sentence.
How crimes of moral turpitude could affect a professional license
There is no one way of defining crimes of moral turpitude. Crimes involving offensive acts that are vile and depraved, that go against societal norms and the duty owed to others and are shocking to a reasonable person may come close to a definition. Generally...
Ruan and How the Courts and Prosecutors are Managing it
Translating this case into my client’s legal defense is easy. Having handled many physician prescribing prosecutions, long-term physician patient relationships are easily documents through chart reviews. Medically appropriate prescriptions can only be proven through clear charts, well documented and proper physical examinations, objective medical tests and diagnostic imaging. Call me to discuss your case, your patient load, your prescribing history, any state or federal DEA investigatory subpoenas. Lets talk about debarment, public or private health insurance audits and claw backs for care properly rendered and medically necessary.
What is overprescribing?
With controlled substances and medications that you can’t buy over-the-counter, doctors have to prescribe that medicine first. Once you get the prescription, you’re then allowed to take it to a pharmacy, where that prescription will be filled. But getting the...
Could trying a new treatment be medical malpractice?
Imagine seeing a patient who has a unique combination of symptoms. You can’t figure out an exact diagnosis, and no one else has been able to, either. Looking at all the documents from multiple specialists and other individuals, you think that you know what the...