Podiatrist

To become a podiatrist, specialized training, time, and money are required to qualify to treat conditions of the ankles and feet. However, engaging in professional misconduct or being accused of a crime can threaten your professional license and ability to practice. If your licensing board believes you violated the expected code of conduct, it can impose disciplinary action such as license revocation, probation, or suspension. Fortunately, with experienced legal assistance, your allegation need not result in disciplinary action. The Fresno License Attorney can review your case to determine the best defense strategy and fight for your livelihood, interests, and career.

Role of Podiatrist

A podiatrist is a physician specializing in podiatric medicine and surgery. Podiatrists check for, diagnose, and treat ailments affecting the ankles, feet, and lower legs. Podiatrists are also called podiatric surgeons or podiatric doctors.

As a podiatrist, you will perform exams and use tests to pinpoint the root cause of issues affecting your patients’ ankles and feet. You will create their treatment plan.

Some of the health conditions you treat are as follows:

• Bunions
• Tendonitis
• Leg wounds
• Plantar warts
• Toe deformities
• Ingrown toenails
• Diabetic foot issues
• Foot and toe fractures
• Foot and ankle arthritis
• Swelling related to your lower leg
• Skin diseases that affect your toenails and feet

Podiatrists also treat ankle and foot injuries, such as the following:

• Ankle sprains
• Sports injuries
• Plantar fasciitis
• Heel bursitis
• Achilles tendon rupture

Here are the types of bone fractures that podiatrists treat:

• Talus fractures
• Jones fractures
• Lisfranc fractures
• Talus fractures
• Toe dislocations or fractures
• Fifth metatarsal fractures

California Board of Podiatric Medicine Mandate

The board is mandated to safeguard patients and the members of the public. Part of its mission also includes regulating licensing and enforcing different types of professional disciplinary action to ensure competent and safe ankle and foot care for California residents.

Examples of allegations or complaints that could trigger the board’s disciplinary proceedings against your professional license include the following:

• Practicing podiatry without a professional license
• Patient abandonment
• Obtaining a license through fraud
• Substance abuse, especially when on the job
• Engaging in fraudulent activities, such as insurance fraud
• Failing to maintain adequate records or falsifying documents
• Incompetence in discharging your duties or gross negligence
• Being convicted of a felony or misdemeanor charge that substantially affects your capacity to practice

The board will consider the seriousness and nature of the complaint or accusation against you. It will also review the mitigating and aggravating evidence, your previous professional conduct, whether any patient suffered harm, the harm that could potentially have happened, among other factors, when determining the form of disciplinary action to impose against you.

Many investigations neither result in a formal accusation nor an administrative hearing. When they do, you can avoid the board’s punishment. If you cannot avoid the disciplinary process, your lawyer can aggressively work to reduce the severity of the disciplinary action and ensure you keep your license.

Here are the possible types of punishment against your license:

• Fine, public reprimand, and citation— While these are the least severe forms of disciplinary actions, they still appear on your professional record. They could affect your ability to find patients or secure other employment in the future. The good news is that your license defense attorney can still contest them before the board.
• License revocation and suspension — A revocation is the severest punishment and means you can no longer practice podiatry in the state. On the contrary, with a license suspension, you halt your practice for a stipulated duration.
• Probation and stay of revocation — You will keep your professional license, but the board will not dismiss the allegations against you. Your lawyer can help you fight these disciplinary actions to secure a shorter probation term or less restrictive probation conditions.

Notice of Defense

Once the licensing board receives a complaint against you, it will investigate the matter to determine whether it is within its jurisdiction. If the complaint lacks merit, the board will dismiss it. However, if the complaint is substantial, the board will send you a formal accusation that outlines the complaint against you and the potential disciplinary action. You have fifteen days to file your notice of defense.

Here are some reasons why it is crucial to file the notice of defense:

• It serves as your acknowledgement of receipt, informing the board that you have received the formal accusation and are aware of the allegations against you.
• The notice of defense notifies the board of your intent to fight the allegations. When you fail to send the notice, the board will proceed with the disciplinary process without your input, potentially resulting in severe consequences.
• The notice preserves your entitlement to an administrative hearing before an administrative law judge, where you will present your evidence.

Before filing the notice, you should thoroughly read the accusation to understand the allegations against you and the proof presented. You should also consult with a seasoned attorney who can guide you on the best course of action and draft your notice of defense for you.

Your notice of defense should include the following contents:

• Your request for an administrative hearing
• Your objection to your accusation is based on the fact that it does not highlight the omissions or acts upon which your licensing board might proceed.
• You can present new matters as your defense.
• You can admit your accusation in part or whole

Character Witness

A character witness refers to a written statement or letter from an individual who knows you exceptionally well and can testify to your good character. The character reference is meant to paint a picture of who you are to your licensing board and your commitment to your profession.

A character reference helps the board fill in the blanks and look beyond your allegation.

People who can function as your character references include the following:

• Coworkers
• Friends
• Relatives
• Community leaders
• Supervisors or employers

Ensure character references are from people who know you best and will attest to your character’s quality.

Things to Look Out For in Your Character Reference

Here are the qualities your character reference should possess:

• A good reputation— An individual writing a character reference lends you part of their credibility. Therefore, you should choose a person whom the board considers reputable and trustworthy.
• Clear language and tone— The character reference letters should be well-structured and easy to read. Your letters must be concise and contain content that adds value to the case.
• Sincerity and honesty— The ideal references are honest and sincere. They do not exaggerate your character but offer a credible version of your values, character, and past conduct. Embellishments could harm your case, but an authentic account is more persuasive.
• Extensive information about you—Every character reference letter must briefly state the individual’s history and relationship with you, including the context of your interactions and the period of time you have known each other.

Mistakes to Avoid When Facing Disciplinary Proceedings

These are the mistakes you should avoid when facing disciplinary proceedings:

Assuming or Ignoring the Complaint

Once the licensing board notifies you of a complaint or allegation against your professional license, do not dismiss the accusation as without merit. You should also avoid going into denial mode or acting as if the complaint is nothing serious. A false misconduct claim can cause you outrage and you might assume that once you explain what actually occurred, the board will side with you. However, even if you think the complaint lacks merit, you should not ignore or trivialize it.

Treat any formal allegation against your license as a serious issue that requires immediate and careful action.

Choosing to Address the Complaint Without a Lawyer

A license defense attorney understands the board’s procedures and can handle your interactions with the board. Enlisting a legal representative helps you avoid significant reputation harm because they can effectively fight for the best case outcome.

Missing or Ignoring the Board’s Response Deadline

Upon receiving a complaint against you, the licensing board will send you an accusation. You should file a written response to the accusations and submit your patients’ records. Collecting the necessary documentation, obtaining the relevant advice, and preparing a proper response can be time-consuming. However, you must respond within the specified deadline to avoid hurting your professional credibility and case.

Failure to Inform Your Risk Manager

Failure to notify your malpractice insurer of a complaint against your license can be a serious mistake due to the following:

• Under many malpractice insurance policies, a podiatrist has an obligation to report to the insurer any claim or potential claim that may require coverage.
• Failing to give a timely notice of complaint to the risk manager can jeopardize your employment reputation and insurance coverage.

Carefully evaluate your malpractice policy to determine if you have an obligation to inform your insurer and if there is coverage for board complaints. If available, you should notify the relevant party immediately. You should also inform the risk manager and present the required paperwork.

Admitting Liability Needlessly

You should be forthright and candid with the licensing board and, if necessary, show concern for the patient’s issue. However, do not needlessly accept the blame when your conduct is defensible, can be explained, or characterized in a less blameworthy manner.

You and your attorney should carefully craft a strategy to explain or defend your conduct before admitting any fault. Even if an admission is the only viable option, your lawyer will seek the best possible terms before conceding.

Social Media and Your Profession

As a podiatrist, you are a trusted expert. The trust comes with responsibilities that also involve your online presence. Individuals might not separate your professional life from personal life, and your private posts could be screenshots, shared, or taken out of context, resulting in professional attention from your licensing board.

While you should not avoid social media platforms, you should be intentional about your posts and your tone.

Always Maintain Professionalism

While private settings can be beneficial, a post designed for family and friends can be shared. Inflammatory exchanges and arguments can reflect poorly on you and could trigger complaints, even if the complaints are without merit and the board later dismisses them. Therefore, you should do the following:

• Assume whatever you post could leave your audience
• Think about how your licensing board will perceive your post before publishing it
• Avoid heated arguments online

Mind Patient Privacy

Avoid posting Protected Health Information. Even a vague clinical anecdote can be identifiable when combined with information. Avoid sharing names, exact dates, photographs, or any unique clinical information that could identify your patient. Instead, when discussing cases, keep your commentary broad and deidentified at the trend or population level.

Be Thoughtful When Engaging in Celebrity Podiatry and Advocacy

Most podiatrists use social media platforms to educate the public, grow their profession, and advocate for system reforms. That is brilliant for your career and profession when you do it responsibly. You should consider doing the following:

• Focus on education or systemic instead of singing out to your patients
• Frame your critiques to inform or trigger thoughtful discussions
• Use your platforms to raise awareness about issues and evidence-based solutions

Effective Social Media Strategy

Here are strategies to build an effective, safe social media presence:

• Decide your purpose and be precise about it. Whether you want to build your professional brand, advocate, or educate
• Focus on the platforms where your audience is
• Create your posting guidelines, including the topics you will cover, your tone, and things you will never discuss
• When talking about your clinical experiences, ensure your commentary is general. Avoid patient stories.
• Eep records of consent whenever you share your patients’ testimonies or images.
• Regularly analyze your privacy settings

Find Seasoned Legal Representation Near Me

As a podiatrist, your healthcare professional license is an essential key to practicing legally. Regrettably, when a person files a complaint against you to the licensing board, or you have been found guilty of a crime, your career could be in jeopardy. Fresno License Attorney has the skills, experience, and knowledge to help you protect your professional reputation and license. We can help you navigate the complicated legal process effectively, build your case defense, and protect your interests. Please call us at 559-388-5402 to book your free case review and learn how we can help you.