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Fenton Jurkowitz Law Group Successfully Represents Physician Before Medical Board of California

Henry Fenton and Nick Jurkowitz successfully represented a pain management physician before the Medical Board of California, which sought to take away the physician’s license based upon allegations of overprescribing narcotics to 7 patients. The case concerned the pain management of complicated patients who had been treated for various forms of chronic and acute pain. The Medical Board identified many of the patients after conducting an investigation, which included a search of the physician’s prescribing patterns in the Controlled Substance Utilization Review and Evaluation System (CURES) database. The Medical Board also alleged that the pain management physician had engaged in gross negligence, repeated negligent acts and incompetence. The case involved complex legal and clinical issues concerning a physician’s duties when prescribing narcotics and issues concerning a physician’s duty to access the CURES database. After a full trial on the case, the administrative law judge found in favor of the pain management physician with respect to all charges of excessive prescribing, gross negligence, repeated negligent acts and incompetence, and issued a public letter of reprimand only with respect to record keeping issues. A public letter of reprimand is the lowest form of discipline.

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