The Unforeseen Consequences of a Criminal Conviction

Months later, the physician is notified by his state's medical licensing agency that he is being brought up on charges of professional misconduct and that action against his medical license is being sought. The charge: conviction of a misdemeanor. Worse, under the state's statutory scheme, by virtue of the conviction, the issue of the physician's culpability for professional misconduct is not, and cannot be, the subject of dispute; rather, the only issue to be resolved is the severity of the sanctions to be meted out by the state licensing authority. Anxious over the existing threat to his medical license, the physician then learns of other potential hazards flowing from his guilty plea, including possible exclusion from the Medicare and Medicaid programs. The physician is baffled by this, because the alleged criminal acts did not involve patient care.'

The above scenario is not an uncommon one. Many physicians are unaware of the interplay between what transpires in the criminal court and their medical licenses, and fail to appreciate the collateral impact a conviction may have on their ability to practice medicine. Indeed, even skilled criminal defense attorneys may lack sufficient awareness of such issues; consequently, they may unwittingly permit their clients to enter guilty pleas that could impair their client's medical license. It is for that reason alone that physicians who are charged with crimes should immediately consult attorneys who are skilled in both criminal law and healthcare law and who will take into account the direct and indirect consequences of the resolution of the criminal charges.'