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Physician Representation

Physicians and other healthcare professionals may require the assistance of an experienced attorney to protect their interests when facing many types of licensing board or hospital disciplinary actions, or a potential Medicare or Medicaid criminal or civil fraud recoupment action, or charges of other criminal conduct.

Our practice assists healthcare professionals with:

If you are a physician or other healthcare professional needing help in any of these areas, we encourage you to contact Frances Cullen for high-quality legal representation.

Please review our Representative Cases.

Medical License Defense
Georgia Composite Medical Board – The Georgia Medical Board

The Georgia Composite Medical Board (the Georgia Medical Board) investigates and takes disciplinary action against numerous licensees each year.  The Georgia Medical Board meets every month to set policy and review cases relative to the medical practice of physicians and other Georgia Medical Board healthcare licensees.

It is important to retain the services of an attorney who is familiar with the scope of charges that can be brought by the Georgia Composite Medical Board (the Georgia Medical Board) and can recognize what conduct could also result in Federal or State criminal action, or other serious repercussions, such as problems with hospital credentialing, professional board certification, an adverse National Practitioner Data Bank (NPDB) Report, and loss of insurance reimbursement contracts.  Your attorney should also know the available defenses to a Board’s potential claims against you and the complete range of potential settlement options.

Under O.C.G.A § 43-34-8, the Georgia Medical Board, has the authority to refuse to grant a license or sanction a licensee for a wide range of acts of unprofessional conduct, including but not limited to:

  • Sexual contact with a patient
  • Inappropriate touching of a patient, or examination of a female patient without a chaperone
  • Alcohol and/or drug dependence or abuse
  • Overprescribing or Improper Prescribing of Controlled Substances
  • Inadequate Medical Recordkeeping
  • Providing services for which the Physician has not been adequately trained
  • Overseeing or permitting unlicensed practice
  • Discipline imposed in another state
  • Arrests and criminal convictions
  • Falsification of Georgia Medical Board application or  renewal forms
  • Practice below the standard of care

Although the Georgia Medical Board does not generally address fee and/or billing disputes, issues related to general business policies and practices, and personality conflicts, a complaint about these issues can prompt an investigation by the Georgia Medical Board and sometimes begin an inquiry into other related matters. Therefore, you should take these complaints seriously and retain an attorney experienced in defending physicians before the Georgia Medical Board.

Although billing disputes are not within the purview of Georgia Medical Board, the Board can discipline a Physician if there is a complaint by the Department of Community Health/Medicaid or Medicare of improper billing or if fees include billing for unnecessary services.  These cases can also open a Georgia Medical Board inquiry into the physician’s treatment of the patient and the sufficiency of the patient’s medical records.

Georgia Medical Board cases are generally opened upon the filing of a complaint.  Complaints can be filed by any member of the general public – a patient, a former patient, a member of a patient’s family, an employee, or a former employee.  If the complaint involves a serious violation (for example, an allegation that the physician is impaired to practice medicine due to drugs or alcohol, an allegation of sexual misconduct, and/or improper prescribing), the case may immediately assigned to an investigator employed by the Georgia Medical Board.

The Federation of State Medical Boards report each year on the number of physicians disciplined by State Licensing Boards, including the Georgia Medical Board.  The numbers of disciplinary actions increase each year. LINK– Federation of State Medical Board website.

If you are contacted during the Georgia Medical Board investigative process, you must retain legal counsel to assist you. While a licensee might be willing to discuss the details of the complaint and wish to provide “their side of the story”, this meeting is not an opportunity to present your version of the facts and, without an attorney experienced in Georgia Medical Board licensing cases as your witness to the interview, your statements can be interpreted differently than you intended and later used against you in a Georgia Medical Board hearing. Frances Cullen, PC can assist you in defending yourself before the Georgia Medical Board.

Assistance Beyond Malpractice Insurance

Your malpractice insurance policy may provide you with an attorney to defend you against a malpractice claim, but there may be times when an attorney with specialized training in professional license defense, with experience before the Georgia Medical Board, can help oversee and guide you through the litigation process. Some malpractice insurance policies provide additional coverage for independent legal counsel to assist with collateral matters impacted by a malpractice case, including repercussions to your license to practice medicine.

Physicians also should seek legal counsel when faced with any potential action by a hospital peer review committee, especially during the early stages of an investigation. In those cases, you should obtain a complete copy of the relevant medical file, thoroughly discuss the matter with your attorney, and be prepared for the peer review hearing.

Chemical Dependency & Impairment

Throughout her career, Frances Cullen has provided sound and sensitive advice to those seeking assistance in locating the proper facility to obtain help for substance abuse, to those who are currently in treatment, and to licensees who face the difficult ancillary issues they may need to address after they have completed treatment and/or have entered into a licensing board Consent Order or Treatment Aftercare Contract.  Our office has also assisted countless licensees and applicants from other states who have needed advice with reporting a present or past treatment history and/or criminal action to licensing and credentialing bodies.

Frances Cullen, PC works closely with treatment providers across the southeast to remain educated on how best to provide sound advice and legal counsel to those who are or have been through treatment and to keep abreast of current treatment options.  Due to her many years working in this field, Frances Cullen has a broad knowledge of other states’ licensing issues and can often provide advice on reporting to other states or provide an early with regard to other potential repercussions.

Our practice is extremely sensitive to the special needs of physicians and other healthcare professionals who have a history of substance abuse or mental illness. Physicians and health care professionals with a history of chemical dependency or impairment, or mental health issues, should consult Frances Cullen as these are serious concerns for all boards and regulatory agencies. We can guide you through the difficult and uncertain process to mitigate or minimize licensure problems.

Whether you are first seeking help with a substance abuse problem or have just started treatment for chemical dependency, or have a history of long-term sobriety, we can help you evaluate your options and represent your interests before the Georgia Medical Board and other state Medical Boards.

Criminal Defense Related to Substance Abuse

In addition to the licensing issues medical professionals face due to substance abuse and/or addiction, they also can be subject to criminal charges. Our firm’s experience allows us to effectively represent healthcare professionals against criminal accusations for writing improper narcotic prescriptions, using controlled substances, or diverting drugs from the workplace.  Frances Cullen, PC will work as a zealous advocate on your behalf to provide you with sound legal advice prior to the filing of charges, through the indictment or accusation process, in negotiation with prosecutors, and in fashioning the most favorable plea on your behalf.

As a former Fulton County District Attorney, Frances Cullen is also familiar with the broad range of criminal laws and can provide capable defense to charges of criminal conduct.

Frances Cullen, PC has defended numerous physicians when State or Federal criminal charges are brought against them and has also worked closely with other criminal defense attorneys to provide solid advice on how best to address potential criminal charges so that the physician can resume or later return to practice.

Representation for Hospital Medical Staff Issues and Before Professional Organizations

A healthcare provider today can face many challenges that call for the sound advice of a qualified legal professional. Hospital medical staff review or action by a professional organization has the potential to severely impact a provider’s practice and reputation and could prompt a licensing board action and a report to the National Practitioner Data Bank (NPDB). Physicians and other healthcare personnel should seek legal advice as soon as they become aware of a potential peer review action and before meeting with any medical staff committees.

Professional Practice Issues and Physician Contract Review

There are many facets of professional practice that demand the attention of a well-qualified healthcare attorney. Physicians managing a professional practice may need assistance with employment or contract issues, or advice on how to respond to a patient complaint. A physician or other healthcare provider should always have a legal professional review any employment contract.

Frances Cullen can also assist a medical practice with questions related to billing and coding issues.  There are times when a medical office or physician may need to conduct a self-audit to ensure compliance with billing and coding issues, or with the self-reporting of billing errors that could be problematic in a later Medicaid audit.

Representative Cases
Georgia Composite Medical Board (the Georgia Medical Board)

In a case filed by the Georgia Composite Medical Board (the Georgia Medical Board) against a psychiatrist for improper prescribing practices, Frances Cullen prevailed at the Initial Hearing, with the Administrative Law Judge finding no fault with the physician’s practice.  The Board, on its own motion, reviewed the case and entered a contrary order seeking to discipline the doctor.  Frances Cullen appealed to the Superior Court of Fulton County and prevailed, thereby preventing the imposition of any sanctions.

A physician who completed another state’s application for licensure in haste entered an erroneous response in regard to the completion of her Continuing Medical Education (CME) that she later completed, prompting that state to impose a public non-disciplinary order.  The physician held active licenses in several states.  Although the physician later corrected the unintentional error, with other states poised to take action, Frances Cullen contacted and negotiated with the Georgia Medical Board and several other State Medical Boards to prevent reciprocal action from being taken against the licensee based upon her erroneous application response.

Upon a showing of rehabilitation, Frances Cullen has secured the reinstatement of medical licenses for several physicians who have been convicted of felony crimes and, in some cases, those still under probation.

In a recent case wherein a physician was arrested for the writing of fraudulent prescriptions, Frances Cullen worked closely with the physician to best advise him on entry into an appropriate drug treatment program, and then worked with the physician’s criminal defense attorney to help persuade the judge to permit his entry into a pre-trail drug court program versus having him enter a criminal guilty plea.

With a strong knowledge of crimes that could prompt exclusionary status by the Office of Inspector General (OIG Exclusion), Frances Cullen has provided sound advice to numerous physicians and other healthcare providers, including physician assistants and nurses, who face criminal charges to thereby avoid the exclusion.  In two cases, a letter from Frances Cullen to the Court explaining the potential impact of an OIG Exclusion helped the providers obtain a more favorable criminal plea.

Hospital Peer Review and Credentialing

In a case where a hospital summarily suspended a physician’s clinical privileges, Frances Cullen worked with the hospital to address what they perceived as alleged deficiencies and helped the physician obtain a “void” to remove the negative National Practitioner Data Bank (NPDB) report that would have had a significantly negative impact on his career.

In another hospital peer review case, Frances Cullen worked with a hospital who imposed clinical privileges to limit the language of the National Practitioner Data Bank (NPDB) language and its potential negative effect.

Criminal Defense

In a Federal criminal case, Frances Cullen, PC represented an impaired physician who distributed a significant number of illegal prescriptions.  The government sought to initially charge him with numerous violations of Federal controlled substances laws, including prescribing and conspiracy offenses.  Frances Cullen, PC negotiated a plea agreement to a reduced charge for a limited drug amount, thereby bringing the Federal Sentencing Guidelines offense level down and, at sentencing, pled for a further reduction, which was granted.

Frances Cullen, PC has advised numerous criminal defense attorneys regarding creative sentencing options in cases involving physicians charged with controlled substance violations.  In some instances, advice provided enabled the client to enter a plea, which upon successful completion of terms, fully disposed of the case without a conviction (which would have adversely affected the physician’s medical license).

In a most unusual case, Frances Cullen, PC successfully prevented state criminal prosecution of physician accused of stalking.  After several years of cooperating with prosecutors and investigators across multiple metro counties, we were able to provide evidence sufficient to arrest the complainant who perpetrated the crime while purporting to be its victim.

Contact Frances Cullen, PC

As an experienced healthcare law firm, Frances Cullen, PC is well qualified to provide representation for these legal matters. Our firm provides physicians and other healthcare professionals with sound advice and is a forceful advocate when a professional is faced with potential criminal action, civil claims or administrative action by a patient, the Georgia Medical Board, a hospital peer review committee, Medicare or Medicaid, and with an investigation or charge of criminal conduct.

If you are a physician or other healthcare provider facing legal action, please contact Frances Cullen, PC at your earliest opportunity.

Proviso: Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.  

In nearly twenty years of practice in the area of professional licensing and in my ongoing dedication to the representation of licensees and, in particular, healthcare professionals, I have secured several victories for licensed professionals that were so successful that they caused professional licensing boards to amend their rules.