in the area of medical license defense
For a health care professional, the protection of your license is at vital importance.
At Spinella & Associates we have experience representing health care professionals who have their licenses in jeopardy due to administrative or criminal proceedings. We provide effective representation to all health care professionals, such as doctors, psychiatrists, psychologist, dentists and nurses who hold professional licenses which have been threatened due to claims of misconduct, negligence, or criminal conduct.
In Connecticut a health care license can be challenged by a number of administrative agencies, such as the state Medical and Dental Boards, the Board of Nursing Examiners, the Department of Public Health, or the Department of Consumer Protection. Attorney Spinella represents health care professionals before state agencies in conjunction with his experienced staff, together with expert witnesses and other professionals who work as a team to provide an effective defense.
Obtaining a healthcare license requires years of hard work and enormous expense to obtain. Unfortunately, it is not a lifetime right once it is earned- it is subject to revocation by the State following allegation of negligent or criminal conduct. Once your license is threatened you need to take immediate action to protect your license which is the cornerstone to your professional future. The key to protecting your future is representation by a competent attorney
We defend all healthcare licenses, including: Medical Doctors; Podiatrists; Chiropractors; Physician’s Assistants; Registered Nurses; Licensed Practical Nurses; Psychologists; Physical Therapist’s; Occupational Therapists; Opticians; and Dentists.
The healthcare industry is underlying radical changes while imposing extraordinary stresses on health care professionals. They include a global pandemic the consolidation and creation of enormous monopolies; the growing control of government agencies; and widespread technological changes in the way healthcare is delivered, such as telehealth. All of this imposes challenges and pressures never experienced before, making competent legal advice more important than ever.
The over-riding issue in every challenge to a health care license is whether he or she is able to provide safe and competent health care services to the public. The Department of Public Health and the Department of Consumer Protection have enormous discretion to investigate any allegation that touches on the issue of safely and competency. We handle investigations and contested administrative matters before these Department as well as various Boards responsible for licensure challenges.
These challenges can include substance abuse; patient neglect; sexual harassment or assault of patients; negligence; and criminal conduct.
In Connecticut the question of whether a health care professional should self-report to the Department of Public Health when suffering substance abuse or a mental health disorder is a difficult but important issue.
In some cases, the course of action is clear. Under Connecticut Statute Section 19a-12e(d) a health care professional who has been arrested for drug or alcohol use or possession must report to the Department of Public Health within 30days.
Connecticut General Statute § 19a-12e(d) also holds that a health care professional has a duty to report when he/she has information that “appears to show” that another health care professional “is, or may be unable to practice his or her professional with reasonable skill or safety” because of an emotional or mental health disorder, or drug or alcohol use”. These are complicated and ambiguous calculations that can be difficult to make.
It is also important to keep in mind the health Assistance Intervention Education Network (HAVEN), which is an assistance program created by law. A report to HAVEN is generally adequate to satisfy the reporting requirements under Connecticut’s Statutes.
There are numerous essential issues to be considered when determining to report or self-report- all circumstances need to be evaluated along with when and to whom license holders should report when confronted with this important matter. Once a report is made legal counsel is necessary to address the processes which will follow.
Attorney A. Paul Spinella and his firm has over 35 years of experience representing individuals in contested licensure matters at every stage of the administrative process.
In addition, he and his firm are highly experienced criminal defense attorneys who handle the criminal defense aspect of these cases. Attorney Spinella is the author of a 1,000-page text book on the law of Criminal Procedure in Connecticut used by defense attorneys and judge throughout the State. He has represented criminal defendants in nearly every criminal court in the State of Connecticut where he has handled numerous pre-trial proceedings and jury trials to verdict.
Many of our cases are referred to us by other attorneys who appreciate our effectiveness is representing our clients in this area.
To get started contact us through our submission page in order to arrange a personal meeting to discuss your case.