Defeating the Odds: Professional License Defense Strategies in Board Complaint Cases

Going up Against Accusers and Licensing Boards When You Feel Like David Going Against Goliath.

Do you feel lost, overwhelmed, and stressed when dealing with a licensing board complaint? Do you feel like David going up against Goliath? These feelings are not unusual. Strategies for defending against licensing board complaints are necessary to increase your chances of a favorable outcome.

The firm recently defended a licensee accused by a patient’s family member. The accuser (“Complainant”) alleged that the firm’s client had not provided treatment to a patient at the home. The Complainant was well-known in the community and financially wealthy. The firm’s client felt like David going against Goliath. Per the firm’s client, who will believe me, especially when the Complainant is so well-known in the community and is so wealthy? How do I fight against these odds?

Hire an Attorney Specializing in Professional License Defense With Experience Handling Board Complaints.

To even the odds and increase your chance at success, one must engage a professional license defense firm such as The Phan Law Firm, P.C., and an attorney well-versed in handling board licensing complaints.

Determining the Type of Complaint Involved and The Necessary Defense(s) (i.e., Proof) to Defeat it.

In this particular case, the accounts offered by the Complainant and the firm’s client differed and conflicted. In a case such as this, it is critical to determine, from the onset, if there is any evidence that could substantiate the client’s case and/or destroy the Complainant’s claims. Once the Phan Law Firm, P.C., was hired, it determined that the client provided the required care at the home for the patient.

The firm’s client’s claims were under attack, but the firm determined that the client had the upper hand. The client had kept detailed records of the visits, which were independently corroborated and proved that the visits had taken place. To further strengthen the client’s position, additional records, and witness statements were obtained, which exposed the inconsistencies and outright fabrications made by the Complainant. It was clear that the client’s claims were valid and that the complainant’s accusations were baseless.

In the end, this case was dismissed without disciplinary action taken against the firm’s client.

Do Not Allow Feelings of Being the Little Guy to Cause You Not to Act.

This case underscores two important considerations. First, if you have received a board complaint do not ever believe or feel that you are David fighting Goliath. Even so, if you do feel like David and are overwhelmed, it is best to hire an attorney and law firm that can best provide a defense that can defeat the alleged conduct. The Phan Law Firm, P.C., in this regard, believes that it is the Goliath in this area of practice (i.e., professional license defense), a factor equalizing the playing field for the client.

This case is a case study that dismissal is possible at an early stage rather than advancing to a more protracted and involved investigatory stage at the licensing board. There was ample documentation available from the client and other sources. These were necessary to produce and required highlighting by the firm for the Board’s investigator and enforcement staff.

One Must Remember to Document, Document, Document.

This case brings us to the second consideration. As the firm has advised clients over the years, one of the key things that a licensee must do is document, document, document.

In the nearly two-plus decades of practice, both working for licensing boards (Texas Board of Nursing and Texas State Board of Dental Examiners) and in private practice defending licensees, the firm has yet to see any licensing board initiate a complaint against a licensee under a claim that the client simply documented too much.

There is a valuable lesson to be learned in this statement: document to a fault. This was apparent in the case referenced above. The client’s position was greatly aided by the documentation involved.