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Optometry Board License Defense Lawyers

 

Optometry Board License Defense Lawyers

Getting a complaint from your state optometry board can be really scary and overwhelming. But don’t panic! There are experienced lawyers who can help defend your license.

I’m gonna walk you through some key things to know if you’re facing discipline from your licensing board. This stuff can get complicated real fast, so I’ll try to break it down nice and simple.

Common Reasons for Discipline

There are a few main reasons an optometrist might get disciplined by their board:

  • Negligence or malpractice
  • Improper prescribing of drugs
  • Unprofessional conduct
  • Fraud, like insurance fraud
  • Criminal convictions
  • Substance abuse

So those are some big ones to be aware of. Lots of complaints come from patients who feel an optometrist did something wrong. The board will investigate the complaint and decide if discipline is warranted.

Disciplinary Actions

If the board concludes discipline is needed, here are some possible actions they can take:

  • Reprimand or censure – This is basically an official warning.
  • Probation – The license is placed on probation with conditions.
  • Limiting the license – The board limits what you can do with your license.
  • Suspension – Your license is temporarily suspended.
  • Revocation – This is the worst, your license is permanently revoked.

As you can see, the penalties range from a slap on the wrist to losing your license altogether. That’s why you need an experienced lawyer on your side.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™Œ๐Ÿผโค๏ธ
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Keisha Parris
2024-03-15
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2024-03-12
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2024-03-12
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2024-02-28
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divesh patel
2024-02-24
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The Disciplinary Process

If a complaint is filed against you, here are some key steps in the disciplinary process:

  1. The board notifies you of the complaint and starts an investigation.
  2. You respond and present your side of the story.
  3. The board decides if discipline is warranted and what action to take.
  4. There may be settlement negotiations to resolve the case.
  5. If no settlement, there will be a formal hearing.
  6. After the hearing, the board issues a decision.
  7. You can appeal the decision to the courts.

Having a lawyer will help at every stage. They can respond to the complaint, negotiate settlements, represent you at hearings, and handle appeals if needed. Don’t try to navigate this alone!

Common Defenses

There are a number of defenses that your lawyer may use to fight the discipline. Some examples:

  • Lack of evidence – The board has the burden of proving their case. If evidence is weak, highlight that.
  • No negligence – Argue you met the standard of care and did nothing negligent.
  • Mitigating factors – Explain any circumstances that show the conduct wasn’t as bad.
  • Improper procedure – If the board didn’t follow proper procedures, point that out.
  • Disproportionality – Argue the discipline is too harsh for the conduct.

An experienced lawyer will know how to craft the best defense strategy for your specific situation.

Settlement Agreements

Many disciplinary cases end up settling through negotiation between the lawyer and board. This avoids a messy hearing. Typical settlements include:

  • Agreeing to probation or limits on your license.
  • Paying a fine.
  • Completing continuing education.
  • Being monitored or supervised for a period of time.
  • Admitting minor misconduct.

Settlements allow closure while avoiding the worst outcomes. Your lawyer will try to get the best deal possible.

How Lawyers Defend Your License

A skilled optometry board defense lawyer will protect your license and livelihood in many ways:

  • Investigate the complaint allegations and build your defense.
  • Negotiate with the board for a favorable settlement.
  • Represent you through every stage of the disciplinary process.
  • Argue to get charges minimized or dismissed.
  • Present evidence and witnesses that support your case.
  • Cross-examine the board’s witnesses to discredit them.
  • Cite regulations and laws that help your position.
  • Advocate for the least damaging outcome possible.
  • Handle appeals if the initial decision goes against you.

Having an optometry license defense lawyer levels the playing field against the board and protects your interests.

Tips for Finding the Right Lawyer

Not all lawyers are equally equipped to handle optometry board cases. Here are some tips for finding the best one:

  • Look for extensive experience specifically with optometry boards.
  • Find someone familiar with the laws and regulations in your jurisdiction.
  • Ask about the lawyer’s track record defending optometrists.
  • Meet with them to discuss your situation and strategy.
  • Make sure you feel comfortable with their approach.
  • Compare costs, but don’t let it be the deciding factor.

Don’t take chances with your career – do your homework to get the best optometry license defense lawyer you can!

The Bottom Line

Dealing with your licensing board can be intimidating. But with an experienced lawyer guiding you, the process doesn’t have to be scary. They know how to put up the best defense for your license and livelihood.

If you get a complaint, take action quickly. Respond to the board and start consulting with attorneys. The sooner you get help, the better your chances of a favorable outcome. And be completely open with your lawyer – they need to know everything to build your defense.

With the right legal advice and advocacy, you can get through this difficult situation. So take a deep breath, follow the tips above, and let a pro handle the board for you. It’ll be okay!

References

[1] Optometry Professional License Defense Attorney – The Legal Guardian

[2] Solving a Complaint Against Your Optometrist License – Bertolino LLP

[3] State Board Discipline Defense – Craig S Steinberg, OD, JD

[4] Opticianry and Optometry License Defense – Strom Law Firm

[5] Indiana Optometry License Defense Lawyer – Keffer Hirschauer LLP

[6] Licensing Issues for Optometrists – Gimbel, Reilly, Guerin & Brown, LLP

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