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Copyright 2014 by Attorney Carlos Gamino
lose their licenses. What would cause a doctor to lose his license?
Carlos Gamino: It’s actually a little more complicated than you might think. Naturally, some doctors can have their licenses revoked immediately, by a court order, when it comes to protecting the public from dangerous practices… but generally, a lost license is the result of complaints, allegations and investigations.
Someone could lose their license for doing something crazy, like sexting during surgery (that really happened!) or for seriously harming someone in their care. If they’re sued, the court does not automatically revoke their license, but many people assume that that’s the case.
Celebrity doctors, like Dr. Mehmet Oz – what about them? Are they licensed doctors, and how can they give out medical advice on their programs without being reprimanded?
Carlos Gamino: Dr. Oz is a unique case. He still has a medical license and maintains all of his affiliations. He’s licensed in the state of New York, which is responsible for licensing their own doctors.
The American Medical Association says, “It is unethical to engage in or to aid and abet in treatment which has no scientific basis and is dangerous, is calculated to deceive the patient by giving false hope, or which may cause the patient to delay in seeking proper care,” which seems to apply to Dr. Oz’s approval of questionable medical treatments. The caveat? The AMA has no teeth. They can’t enforce anything; they’re not the law.
Can doctors win back their licenses?
Carlos Gamino: Of course, in most cases. Doctors accused of sexually assaulting patients are an exception to the norm – in most cases, they can’t win back their licenses. However, they can petition the state’s medical board and ask for a review; the state ultimately decides whether they can reinstate or whether they need to look into a new career.
Carlos Gamino is a lawyer in Milwaukee, and he’s always been interested in the legal processes that affect professionals. Here’s a quick Q&A with Carlos on what happens when a doctor loses his or her license and wins it back.
We all know that doctors need to have licenses to practice, and that they can
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When Doctors Lose Medical Licenses
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