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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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I am a doctor who was recently sued by three patients. Two

Customer Question

I am a doctor who was recently sued by three patients. Two cases were settled. the third one is ongoing. Since the first case involved allegations of sexual misconduct, the medical board has evidence on my case. The medical board refused to release the evidence in my case but my lawyer lied to me and said that he has no communications from the medical board. I have fired my lawyer and the malpractice company is not responding to my requests for a new lawyer.
The medical board is calling my investigation an internal investigation and refusing me access to my evidence, which is against their own rules. They are also collaborating with a patient who is suing me which is also against their rules. my funds are very limited and my license is under an interim order of suspension. What recourse do I have, please note that I am also on disability for bipolar disorder and have no representation.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  lawdoctor replied 2 years ago.
Dear Doctor:

Thank you for your question and in order to assist you, I need to ask you a few.

First, what state is this in?
Second, what type of medicine do you practice?
Third, does your med mal policy allow you to 'fire' the attorney they provided for you? If so, have you followed their procedures to do so and to notify the carrier?

Thank you! I look forward to working with you to obtain your answer!
Customer: replied 2 years ago.
Oh hi, it,s me again, (Ruby) you just answered my question on Monday.
I was hoping to bother a new person but I found your empathic answer very helpful so I thank you for that.

I'm in California , the malpractice company is based in Virginia.
I was advised earlier by another lawyer to ask for a new attorney but though I have done that, the malpractice company has not responded. I had earlier asked the attorney to not contact me but he did so anyway with veiled threats of license revocation for "shtupping a patient", etc. And then he wrote to me that my license was suspended as he just "happened to look at the board newsletter". I don't want this man contacting me at all. PRMS has been having some financial problems and coerced me to settle the first two cases. however, I did agree to settle but if I have evidence of a lawyer who lied, what can I do?

I did read up on USC 42, and am hatching a plan, thanks for that info too.

I know this attorney has letters to and from the board but neither he nor the company are responding. He has probably lied to me quite a lot and I have already accused the malp co. PRMS of acting in bad faith.

thank you for your time...:))
Expert:  lawdoctor replied 2 years ago.
Dear Ruby:

Good to hear from you again! You are never a bother, however, if you would like a fresh pair of eyes, I can ask another expert to take a look. It would not offend me in any way to have another expert come aboard to assist you. JA and the experts here are dedicated to getting you the best of the best answers to your questions.

That being said, just let me know if you want a fresh set of eyes and I will see about getting another expert on board with you. It may take an hour or so, but I am happy to do this for you. Otherwise, I will be honored to continue to assist you with your issues!

Just let me know what you feel is best for you!

Regards,
Lawdoctor.
Customer: replied 2 years ago.
Hi again,

You do seem to know what you're talking about so I'm fine with working with you but if you feel there is something to be gained from someone who knows how to deal with my kind of complicated case, please go ahead.

I,m not going anywhere and will appreciate any kind of help negotiating this maze.


Thanks
Ruby
Expert:  lawdoctor replied 2 years ago.
Thank you for your vote of confidence! Here is a suggestion. I would like to have another expert take a look at your question, but they are not on line right now. Would you mind waiting a hour or so until they come on line. If they are not familiar with the law that covers your situation, I will proceed.

If this is agreeable, do not respond to this info request because it will trigger another response from me, so we will just be going back and forth for an hour! :)

If you want to continue now, we can do that as well, but I think this expert may have some unique insights. Again, if you don't mind the wait, don't respond to this post and I will be back in an hour or so!

Regards,
Lawdoctor.
Expert:  Joseph replied 2 years ago.
Hello. I'm a California Employment Law expert and can better assist you with your question.

You can file a complaint against the lawyer with the California Bar for malpractice.

You can file a complaint using the instructions available online here:

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx

Please let me know what additional questions you have.
Customer: replied 2 years ago.

Thank you Joseph. I have also found out that the FBI said negative things about me to the medical board.
I was a FISA translator from 2007-2008 for Urdu here in Los Angeles. I was interviewed by a medical board investigator. At first the FBI refused to verify my employment even though the board and FBI are under the DOJ .

I found out later that the FBI has been communicating with the medical board, sending them my emails.

Mostly the emails were asking the FBI to confirm that I had worked there. I had no idea that they would be
Bad mouthing me because the split between the FBI and me was mutual.
What complaint can I file against the FBI?
Do I have any recourse?
Expert:  Joseph replied 2 years ago.
You could file a defamation suit against the people at the FBI that have been making false and damaging statements about you to the medical board.

You can find an attorney online here:

www.lawyers.com


I suggest that you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a judgment in your favor.
Customer: replied 2 years ago.
Thank you,
Is it harder to find a contingency attorney?
Expert:  Joseph replied 2 years ago.
Yes, it can be difficult to find an attorney willing to take a case on contingnecy, since the attorney would have to be willing to sacrifice personal expenditure on the chance of winning a good settlement or verdict.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Joseph,

i am not sure you are the right person to ask this question of but here goes.

The medical Board of California claims some type of immunity from all sorts of legal action.
Are they immune as a group or as individuals?

I first called the Board to ask for help last July, because I was being sued by two individuals, but the two women I spoke to at the board distorted many of the things I said and conveniently do not have a taped CD of that phone call. .
I had called the Medical Board to report that someone who worked for me was suing me, had possibly stolen my patient records and mine and my patients' financial information as well.

Even more disturbingly, i had looked up this person's accomplice on the internet and she had misrepresented herself as a doctor "MD" on Westside Rentals. She was also showing up on the first page of the members list of a large organization of legitimate (?) doctors. I had contacted this "association" and their chief doctor was very cooperative at first on the phone but in an email, he denied that this woman was ever a member. Her name is XXXXX XXXXX their member page. He became very defensive when i wrote to him and told me to "call the FBI and CIA".
So this could have been a ring of some type or a cover for unqualified doctors to enter the US, which i though was a dangerous enough thing to report.

After two phone calls, a Medical Board investigator paid me a visit at home with ten minutes notice. I showed the Medical board investigator what I had found on the internet but he seemed more interested in who I had sex with and why my apartment was "malodorous". He also took photos of my sewing machine, Neat scanner and TV. His report on me is full of terrible typos, where he calls my apple Cinema Display "apple cinnamon display". Perhaps he is not internet savvy but Gravatar is spelled "Gravitar" many times, etc. etc.

As he was leaving my apartment after my taped interview, he said he wanted to come back to get me to sign papers so I would submit to a mental exam. I called him soon after he left and said that I would cooperate with the mental exam but I needed to give up my license for a while. He said "The Board wants to see if you're fit to practice medicine".


There is a provision in the Board's own rules that a medical license can be put into suspension for a few months if the doctor is ill. I was dealing with a possible recurrence of my palate cancer and was very physically ill when I called the Board. The very ornery woman shouted at me "You know it's inappropriate to give your friends medicine!!!" I've been a doctor since 1985.
So here i was with this shrill harridan telling me how to prescribe to my friends and accusing me of "giving" people medicine just because they asked for it. I tried to explain to her that "giving" someone medication was a word I used for lay people. She is not a doctor and possibly got angry at that.
She further screamed "You mean if I asked you for medication, you would just give it to me???!!!"

Well, you can imagine how that went. By the way, I'm a foreigner but my English is fine bit I wasn't about to launch into a mini medical lecture to this unhinged sounding woman who had no interest in doctors with fake credentials but cared deeply whether I gave someone an antibiotic or not, since I am a psychiatrist. I guess I am automatically seen as a moron who knows nothing about medicine except for ten psychoactive drugs. I could not imagine the Medical Board's priorities at that time but they have perjured themselves under oath in the report saying things like (creative liberty here) "she was crazy sounding but had sex, gave drugs, wrote herself prescriptions, wrote an antibiotic for her handyman" etc. I do not know who these people are or who trains them. They say i was unfit to practice medicine but at the same time give a lot of weight to whatever I said that sounded self-incriminating.

Then the medical board investigator took my "evidence" to a John Hochman MD( a psychiatrist and a clairvoyant), who, without seeing or talking to me, concluded that I was a "danger to patients". You would think I would have been locked up by then, but of course not. I wasn't even allowed to go on disability by freezing my license. I could see where this was going but despite being too ill to go to my own Head and Neck MRI, I was left with being sued and being told i was nuts but with no recourse. So I spent all my savings, gave away my patients, many of whom really needed me and waited. In the meantime my malpractice company PRMS did their usual "we said we'd defend you but we didn't really mean it" dance, and though I objected as strenuously as I could, I was told that it was in my best interests to settle etc. so I agreed.

Then, the same lawyer brought in another patient who is suing me. And the man who sued me wrote me a love letter. Meanwhile, i'm too pre-occupied with this joke to reschedule my MRI. Then I get served for an Interim Order of Suspension hearing which was only 2 days later. I did not go.
The same Medical Board investigator handed me a sheaf of papers where I saw that the Board has been collaborating with the lawyer who decided I was an easy target and has represented all three people who have sued me. This is against their rules.

Obviously, i cannot afford a lawyer at $500 an hour at this point and had to fire my malpractice lawyer because he lied to me in an email. He had filed a form 800.b to get my Central File info from the Board but the Board refused. He said in an email "i don't have anything from the board". I asked about the 800.b form and he evaded me.

By now, I have my own psychiatrist. The Medical Board had finally sent me to another psychiatrist who said i was bipolar with manic psychotic features. Who wouldn't be by now?

The Medical Board did not give a rats' ass about all my HIV patients who I had to turf in a hurry, or the very depressed who i was responsible for, showed disdain for my gay patients, and did absolutely nothing to help me. The most incredible thing was that although I had a very serious palate cancer removal and many surgeries about 11 years ago, they said "we're only paying for a mental exam". When i said i couldn't drive to a far away suburb in Los Angeles, they refused to pay for a cab. Then they found someone near my home, and I drove there because cabs were not in my budget then.
Can you guess? Their psychiatrist said I shouldn't have driven to the interview.

Also they said I thought the FBI was following me. Now that's a real stretch if you've worked for them as i explained to you earlier.

The point of this boring story is that I feel the FBI higher-ups nor the medical Board higher-ups know about their subordinates' behavior. And no one cares about the possible flood of fake doctors, but the Board has a morbidly salacious interest in my sex life, to the exclusion of all my hard work and has ignored all my patients (over 150). Oddly, they did not interview the ones who liked me, just the ones who sued me or whom i angered in some other way.



































Customer: replied 2 years ago.
Hello Joseph,

i am not sure you are the right person to ask this question of but here goes.

The medical Board of California claims some type of immunity from all sorts of legal action.
Are they immune as a group or as individuals?

I first called the Board to ask for help last July, because I was being sued by two individuals, but the two women I spoke to at the board distorted many of the things I said and conveniently do not have a taped CD of that phone call. .
I had called the Medical Board to report that someone who worked for me was suing me, had possibly stolen my patient records and mine and my patients' financial information as well.

Even more disturbingly, i had looked up this person's accomplice on the internet and she had misrepresented herself as a doctor "MD" on Westside Rentals. She was also showing up on the first page of the members list of a large organization of legitimate (?) doctors. I had contacted this "association" and their chief doctor was very cooperative at first on the phone but in an email, he denied that this woman was ever a member. Her name is XXXXX XXXXX their member page. He became very defensive when i wrote to him and told me to "call the FBI and CIA".
So this could have been a ring of some type or a cover for unqualified doctors to enter the US, which i though was a dangerous enough thing to report.

After two phone calls, a Medical Board investigator paid me a visit at home with ten minutes notice. I showed the Medical board investigator what I had found on the internet but he seemed more interested in who I had sex with and why my apartment was "malodorous". He also took photos of my sewing machine, Neat scanner and TV. His report on me is full of terrible typos, where he calls my apple Cinema Display "apple cinnamon display". Perhaps he is not internet savvy but Gravatar is spelled "Gravitar" many times, etc. etc.

As he was leaving my apartment after my taped interview, he said he wanted to come back to get me to sign papers so I would submit to a mental exam. I called him soon after he left and said that I would cooperate with the mental exam but I needed to give up my license for a while. He said "The Board wants to see if you're fit to practice medicine".


There is a provision in the Board's own rules that a medical license can be put into suspension for a few months if the doctor is ill. I was dealing with a possible recurrence of my palate cancer and was very physically ill when I called the Board. The very ornery woman shouted at me "You know it's inappropriate to give your friends medicine!!!" I've been a doctor since 1985.
So here i was with this shrill harridan telling me how to prescribe to my friends and accusing me of "giving" people medicine just because they asked for it. I tried to explain to her that "giving" someone medication was a word I used for lay people. She is not a doctor and possibly got angry at that.
She further screamed "You mean if I asked you for medication, you would just give it to me???!!!"

Well, you can imagine how that went. By the way, I'm a foreigner but my English is fine bit I wasn't about to launch into a mini medical lecture to this unhinged sounding woman who had no interest in doctors with fake credentials but cared deeply whether I gave someone an antibiotic or not, since I am a psychiatrist. I guess I am automatically seen as a moron who knows nothing about medicine except for ten psychoactive drugs. I could not imagine the Medical Board's priorities at that time but they have perjured themselves under oath in the report saying things like (creative liberty here) "she was crazy sounding but had sex, gave drugs, wrote herself prescriptions, wrote an antibiotic for her handyman" etc. I do not know who these people are or who trains them. They say i was unfit to practice medicine but at the same time give a lot of weight to whatever I said that sounded self-incriminating.

Then the medical board investigator took my "evidence" to a John Hochman MD( a psychiatrist and a clairvoyant), who, without seeing or talking to me, concluded that I was a "danger to patients". You would think I would have been locked up by then, but of course not. I wasn't even allowed to go on disability by freezing my license. I could see where this was going but despite being too ill to go to my own Head and Neck MRI, I was left with being sued and being told i was nuts but with no recourse. So I spent all my savings, gave away my patients, many of whom really needed me and waited. In the meantime my malpractice company PRMS did their usual "we said we'd defend you but we didn't really mean it" dance, and though I objected as strenuously as I could, I was told that it was in my best interests to settle etc. so I agreed.

Then, the same lawyer brought in another patient who is suing me. And the man who sued me wrote me a love letter. Meanwhile, i'm too pre-occupied with this joke to reschedule my MRI. Then I get served for an Interim Order of Suspension hearing which was only 2 days later. I did not go.
The same Medical Board investigator handed me a sheaf of papers where I saw that the Board has been collaborating with the lawyer who decided I was an easy target and has represented all three people who have sued me. This is against their rules.

Obviously, i cannot afford a lawyer at $500 an hour at this point and had to fire my malpractice lawyer because he lied to me in an email. He had filed a form 800.b to get my Central File info from the Board but the Board refused. He said in an email "i don't have anything from the board". I asked about the 800.b form and he evaded me.

By now, I have my own psychiatrist. The Medical Board had finally sent me to another psychiatrist who said i was bipolar with manic psychotic features. Who wouldn't be by now?

The Medical Board did not give a rats' ass about all my HIV patients who I had to turf in a hurry, or the very depressed who i was responsible for, showed disdain for my gay patients, and did absolutely nothing to help me. The most incredible thing was that although I had a very serious palate cancer removal and many surgeries about 11 years ago, they said "we're only paying for a mental exam". When i said i couldn't drive to a far away suburb in Los Angeles, they refused to pay for a cab. Then they found someone near my home, and I drove there because cabs were not in my budget then.
Can you guess? Their psychiatrist said I shouldn't have driven to the interview.

Also they said I thought the FBI was following me. Now that's a real stretch if you've worked for them as i explained to you earlier.

The point of this boring story is that I feel the FBI higher-ups nor the medical Board higher-ups know about their subordinates' behavior. And no one cares about the possible flood of fake doctors, but the Board has a morbidly salacious interest in my sex life, to the exclusion of all my hard work and has ignored all my patients (over 150). Oddly, they did not interview the ones who liked me, just the ones who sued me or whom i angered in some other way.

























Sorry, I pressed some button to send this unfinished. I apologize for boring you, but i have no interest in practicing medicine like this. However, even though I have a career change planned since i have been in medical school since age 19 and practicing for nearly 30 years, I have had it.











Customer: replied 2 years ago.

Sorry, the stress is wearing me out here,

I tried to be clear but if this is out of your field, please feel free to "turf" my long letters.
Thank you very much for looking at this mess.
Customer: replied 2 years ago.
Relist: Other. couldn't see answer but Joseph is fine, thanks, maybe we can try another lawyer?

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