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Examples of Recent Disciplinary Actions by the North Carolina Medical Board

Among its many roles, the North Carolina Medical Board is tasked with conducting disciplinary proceedings and imposing disciplinary action for physicians who fail to meet their professional responsibilities. If you are facing disciplinary action by the North Carolina Medical Board (the “Board”), you need to take your situation extremely seriously. The Board has broad authority to impose sanctions for professional misconduct — sanctions that can include revocation of your medical license.

Recent License Revocations and Suspensions by the North Carolina Medical Board

The following are some examples of recent disciplinary actions by the North Carolina Medical Board:

License Suspended Indefinitely Due to Arrest for Driving While Impaired (DWI)

In July, the North Carolina Medical Board ordered an indefinite license suspension for an experienced physician due to his arrest for driving while impaired (DWI) and simple possession of a controlled substance. The physician was found stopped on the side of the road, “extremely impaired” and in possession of a number of controlled prescription medications without a valid prescription.

Following his arrest, the physician inactivated his license and refused to meet with anyone from the Board. The Board indefinitely suspended his license in his absence, citing N.C. Gen. Stat. § 90-14(a)(5) (authorizing suspension based upon “[b]eing unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of alcohol, drugs, chemicals, or any other type of material”).

License Revoked for Health Care Fraud Conviction

Also in July, the Board issued a notice of revocation to a physician who had been convicted on two counts of felony health care fraud in federal court. Under N.C. Gen. Stat. § 90-14(c), a felony conviction results in automatic license revocation unless the disciplined physician requests a hearing within 60 days of receiving the notice of revocation from the Board.

False Statements on Application Result in License Annulment

In May, a physician who was newly-licensed in North Carolina had his license annulled after the Board discovered that he had failed to disclose material information and made false representations on his license application. Specifically, in his application, the physician withheld information that he was currently under investigation by another state medical board and that he had resigned his prior license during the pending investigation. He also failed to notify the Board when the other state’s medical board ultimately issued a suspension.

The Board annulled the physician’s license pursuant to N.C. Gen. Stat. § 90-14(a)(3), which prohibits making “false statements or representations to the Board, or willfully conceal[ing] from the Board material information in connection with an application for a license.”

For more examples of recent disciplinary actions, you can visit the North Carolina Medical Board’s Board Actions Archive.

Contact a Raleigh Professional License Defense Attorney at Cheshire Parker Schneider & Bryan, PLLC

The professional license defense lawyers at Cheshire Parker Schneider & Bryan, PLLC provide experienced representation for physicians facing disciplinary action by the North Carolina Medical Board. To discuss your case in confidence, call our Raleigh, NC law offices at (919) 833-3114 or request a consultation online today.

 

Can I Appeal My Conviction in North Carolina?

If you lost your case at trial and are now facing the reality of a criminal sentence, it is natural to want to explore your options for turning back the clock. If there were mistakes during your trial – and if you could fix those mistakes – maybe you could avoid a guilty verdict and get back to your normal life.

In a typical case, the way to challenge a criminal conviction is to file an appeal. Not all mistakes are grounds to file an appeal, but many are. The following are examples of errors that will often constitute grounds to file a criminal appeal:

Grounds to Appeal a Criminal Conviction in North Carolina

1. False Arrest

In order to make an arrest, the police must have probable cause, and, unless an exception applies, they must also have a warrant. If the police arrested you without probable cause or without a warrant (under circumstances in which a warrant was required), this can be grounds to have your conviction overturned on appeal.

2. Insufficient Evidence

In order to obtain a conviction, the prosecutor is required to use the available evidence to prove your guilt beyond a reasonable doubt. If the evidence is insufficient to meet this burden of proof but the jury convicts you anyway, this may be grounds for you to seek a new trial.

3. Improper Admission or Exclusion of Evidence

You may also be entitled to an appeal if the judge improperly admitted or excluded evidence from your trial. In a criminal case, there are a variety of reasons why evidence may be inadmissible (for example, if it was obtained through an improper search or seizure), and there are complex rules about when evidence can and cannot be used in court. If the judge got it wrong, and if the judge’s error affected the outcome of your case, you may be entitled to have your conviction overturned.

4. Prosecutor or Juror Misconduct

Prosecutors are required to pursue their cases ethically and consistently with the law and the U.S. Constitution. Similarly, jurors owe a duty to consider all of the admissible evidence (and only the admissible evidence) and render an unbiased verdict based on the proceedings they witness in court. If the prosecutor in your case overstepped his or her ethical or legal bounds, or if a juror allowed his or her decision to be affected by factors other than the evidence presented at trial, you may be entitled to an appeal.

5. Ineffective Assistance of Counsel

As a criminal defendant, you have the right to effective legal representation. Your attorney should be able to effectively apply the law to the facts of your case and address issues as they come up in court in order to protect your right to a fair trial.

Not all mistakes will rise to the level of ineffective representation – defense attorneys need to make judgment calls, and sometimes the cards do not fall in their clients’ favor – but, if your trial lawyer truly failed to represent your best interests, you deserve to have another day in court.

Speak With a Raleigh Criminal Appeal Attorney Today

To find out if you have grounds to file an appeal, contact us for a confidential consultation. Call (919) 833-3114 or contact us online to schedule an appointment with an experienced criminal appeal attorney today.

 

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Cheshire Parker Schneider & Bryan, PLLC 133 Fayetteville Street Suite 500 Raleigh, NC 27601 | Phone: (919) 833-3114 Fax: (919) 832-0739