Good&Cormier

Physicians

Part of our practice has involved representing physicians whose careers have been jeopardized by criminal and administrative investigations. Four notable examples demonstrate our skill in handling these kinds of cases:

A physician client was a frequent traveler between the United States and Israel during a period when terrorist hijackers were targeting Jewish travelers for high profile victimization. He made false statements on an application in order to obtain a second passport using a non-Jewish name so that he would have a travel credential that might save his life. We were able to persuade federal investigators not to prosecute the client and also persuaded his teaching hospital employer to take no action against him as an employee or as a holder of hospital privileges. The client has suffered no adverse career consequences.
A surgeon client at a teaching hospital discovered that nurse managers on his service were not processing certain claims for payments to third party payors for surgical procedures. When the client confronted the nurses, harsh words were exchanged. The nurses filed applications for criminal complaints against the client for threatening them with physical harm. After a lengthy hearing at which the nurses testified, the non-lawyer clerk of court decided that criminal charges were warranted. However, the clerk did not have the final word. We made an extensive written and oral presentation to top-echelon prosecutors in the District Attorney's office and a prosecution was declined. The charges were dismissed and the client was never required to answer them in court. The client relocated his successful surgical practice.
A physician client was accused of complicity in the submission of falsified patient clinical data by personnel in his unit to an outside entity that was collecting and analyzing the data for clinical research. Multiple investigations were conducted by the National Institutes of Health, the Food and Drug Administration, Congress, and the Massachusetts Board of Registration in Medicine. The investigations terminated the client's academic medical career, but we were able to resolve all the investigations in a manner that enabled the client to continue his career as a very successful clinician.

A physician and scientist at a teaching hospital was accused by the estate of a deceased patient and by a family baby sitter of two separate incidents of sexual misconduct. Both of the accusations were false. We retained and worked with a non-Massachusetts law firm to obtain a rejection by an out-of-state child protection agency of the baby sitter’s accusation as unfounded. We were also able to advise the client in a manner that resulted in a decision to decline to prosecute the baby sitter’s accusations against the client by bringing potential criminal charges in Massachusetts. After an extensive hearing and written submissions, the Board of Registration in Medicine declined to file charges against the client. The client's successful career has not been adversely affected.

83 Atlantic Avenue, Boston, Massachusetts 02110
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