Criminal Defense for Medical Professionals Accused of Crimes in California

Medical professionals dedicate their lives to caring for others, but navigating the complexities of California’s healthcare laws can sometimes lead to unanticipated legal challenges. Doctors, nurses, pharmacists, and other providers may sometimes find themselves susceptible to criminal charges, even in cases involving unintentional mistakes, misunderstandings, or false accusations. These situations can result in severe consequences, including felony charges, financial penalties, and the loss of a professional license.

If you are a medical professional accused of a crime, it’s essential to understand the laws that govern your field and the legal strategies available to protect your rights and career if you find yourself accused of wrongdoing. Let’s explore some of the most common criminal charges faced by medical professionals in California and outline potential defenses to help you navigate these difficult circumstances.

PC § 550 – Health Care Fraud

Health care fraud involves knowingly submitting false or misleading claims to an insurance provider, including Medi-Cal, Medicare, and private insurers. Fraud can include billing for services never provided, upcoding (charging for a more expensive procedure than was performed), or billing multiple times for the same service.

Common Defenses:

Lack of intent – If you mistakenly billed incorrectly due to clerical errors or miscommunication, this could negate criminal intent.
Lack of evidence – The prosecution must prove that the fraud was intentional and knowing, which can be difficult without clear proof.

PC § 487 – Grand Theft

If a medical professional illegally obtains more than $950 from a state or federal healthcare program, they may face grand theft charges, a felony offense. (This may be in addition to criminal fraud charges themselves.)

Common Defenses:

Mistaken identity – In large medical practices, fraud accusations may be misplaced.

No fraudulent intent – If overpayments occurred due to billing mistakes rather than deliberate deception, this can be a valid defense.

PC § 11153 – Prescription Fraud by a Medical Professional

Medical professionals are required to prescribe controlled substances only for legitimate medical purposes. Overprescribing painkillers or issuing prescriptions outside the standard course of medical treatment can lead to serious criminal charges.

Common Defenses:

Legitimate medical purpose – If the prescriptions were given within accepted medical standards, this may serve as a defense.

No knowledge of misuse – If a patient misrepresented their condition or diverted medication, the provider might not be responsible.

PC § 11352 – Illegal Distribution of Controlled Substances

This law prohibits the sale, transportation, or distribution of controlled substances without proper authorization. If a doctor, pharmacist, or other healthcare provider is accused of running a “pill mill” operation, they can face severe criminal penalties.

Common Defenses:

Lack of evidence – The prosecution must prove that the provider knowingly participated in drug distribution.

Good faith treatment – If prescriptions were issued as part of legitimate patient care, this can be a valid defense.

PC § 368 – Elder Abuse

Medical professionals who neglect, abuse, or financially exploit elderly patients can face misdemeanor or felony elder abuse charges. Examples of elder abuse include physical harm, emotional abuse, neglect, or financial manipulation.

Common Defenses:

False accusations – Family members or caregivers may falsely accuse a medical professional due to misunderstandings or financial disputes.

Lack of negligence – If the medical provider followed all reasonable standards of care, there may be no legal basis for an abuse charge.

PC § 273a – Child Endangerment

Medical professionals who endanger a child’s health through reckless actions or medical negligence can face criminal charges, even if there was no intent to harm the child.

Common Defenses:

Medical necessity – If your attorney can show that a treatment decision was made in the best interest of the child, despite unforeseen complications, this may serve as a defense.

No reckless conduct – The prosecution must prove the provider acted with criminal recklessness, not just medical misjudgment.

PC § 243.4 – Sexual Battery

Medical professionals can be accused of inappropriate or non-consensual touching of a patient under the guise of medical treatment. Allegations of sexual battery can have severe legal and professional consequences, including mandatory sex offender registration.

Common Defenses:

No sexual intent – Certain medical procedures involve intimate physical contact, which could be misinterpreted.

False allegations – If a patient makes unfounded accusations due to personal conflicts, this may be a defense if you can provide supporting evidence that either refutes the accusations or causes reasonable doubt.

PC § 261 – Rape and Sexual Assault

If a medical professional engages in non-consensual sexual activity with a patient, including while the patient is sedated or under anesthesia, they can face felony charges.

Common Defenses:

Alibi and false accusation – The defendant may provide evidence proving they were not present or involved.

Consent – In rare cases, a defense may argue that the relationship was consensual, although this is challenging in medical settings. (Even if this defense resolves the criminal charges, a consensual sexual relationship with a patient is an ethical breach that can result in loss of license.)

PC § 2052 – Unauthorized Practice of Medicine

It is illegal for an individual to practice medicine without a valid license or outside their authorized scope. Medical professionals can face criminal charges if they perform procedures beyond their training, without proper certification, or if their license has inadvertently lapsed.

Common Defenses:

Lack of intent – If the individual believed they were acting under proper supervision, this may serve as a defense.

Clerical errors – Licensing issues may stem from administrative mistakes rather than criminal intent.

PC § 470 – Forgery (Fake Medical Credentials or Records)

It is a crime to forge medical documents, alter records, or falsify prescriptions. This includes fabricating test results or altering a patient’s chart to cover up a mistake or avoid liability.

Common Defenses:

No fraudulent intent – If a document was altered without deceptive intent, this may serve as a defense.

Lack of knowledge – The prosecution must prove the medical provider was aware of and participated in the forgery.

What to Do If You’re a Medical Professional Facing Criminal Charges

If you are a doctor, nurse, pharmacist, or other healthcare provider facing criminal charges in California related to your practice, the stakes for you are high. A conviction could end your career, result in prison time, and lead to significant fines. You don’t have to fight these charges alone. We offer skilled and compassionate legal representation for medical professionals in the Los Angeles area who are facing criminal charges. Call our office to schedule a consultation.