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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33938
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Professional license question. I have a healthcare license.

Customer Question

Professional license question. I have a healthcare license. I owe money to a company and they have filed a complaint to my board, but in the complaint, they don't state that I owe them money, they state medical insurance fraud and withholding medical records.
I was told by another attorney that this is considered malicious prosecution. What can be done about this?
Submitted: 1 month ago.
Category: Business Law
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 month ago.

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Expert:  Dwayne B. replied 1 month ago.

It could be considered malicious prosecution as well as potentially slander, fraud, and other causes of action. In addition, there could be some violation of the state Fair Debt Collection Practices Act but not the federal.

To pursue them you would have to hire a lawyer and file a lawsuit in the state court system asking for damages and, possibly, seeking an Injunction against them continuing with actions such as this. There is no state agency which would directly regulate their conduct so the courts would be your only recourse. You could possible collect damages, punitive damages, and attorney's fees if there is a violation of the state Fair Debt Collection Practices Act.

While, in theory, you could bring the lawsuit yourself without an attorney realistically this would be way too difficult as there are so many potential causes of action that it is going to require a great deal of legal knowledge as well as legal research to pursue the case.

You may be able to have the same attorney represent you in the matters before the board as well as the lawsuit.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Customer: replied 1 month ago.
I don't really care to collect, I just want to scare them into removing the board complaint.
Expert:  Dwayne B. replied 1 month ago.

Legally, you can't threaten them to make them drop a complaint. That is both illegal and would be unethical under your code of ethics. However, you can discuss that with your attorney and have them send the letter threatening the lawsuit then he can orally tell them that if they dismiss he will not pursue the case. Since this is your attorney trying to reach a settlement agreement as opposed to you it would not be regarded as the same thing.