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Nick Jurkowitz Wins Medical Board Matter for Physician Client

In an outstanding recent result for the firm, Nick Jurkowitz successfully defended a physician client against an accusation that he had recommended unnecessary surgical procedures to an elderly patient, who had come to him complaining of severe leg pain. According to the complaint, the firm’s physician client incorrectly diagnosed the patient with venous disease after reviewing results from an ultrasound, and proceeded to recommend a total of six unnecessary abalation surgeries to resolve the patient's leg issues. The patient then sought a second opinion from another physician, who disagr...

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Henry Fenton Successfully Helps Doctor Client Obtain Unrestricted Medical License

Henry Fenton recently assisted a doctor client in obtaining a California Medical License after years of retaliatory and unfair criticism threatened to ruin the doctor's career. During his residency, the doctor in training made a complaint about the quality of nursing at the hospital where he was completing his residency. His record was stellar up until he filed the complaint. After filing the complaint, the doctor was suddenly unfairly criticized, and subsequently ap...

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Fenton Law Group Successfully Opposes Penal Code section 23 Request

Fenton Law Group successfully opposed a Penal Code section 23 request made by the Dental Board of California before the San Diego Superior Court. The Board sought an order before the Court to restrict/suspend a practitioner’s dental license during the pendency of a criminal proceeding. Fenton Law Group successfully argued that such a restriction would be in contravention of state and federal due process requirements, as articulated in Naidu c. Superior Court (2018) 20 Cal.App.5th 300 and Gray v. Superior Court (2005) 125 Cal.App.4th 629, and the Boa...

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Nick Jurkowitz and Alexandra de Rivera Successfully Contest California Pharmacy Board Order

Nick Jurkowitz and Alexandra de Rivera successfully filed a challenge to a California Board of Pharmacy action in the Los Angeles Superior Court on behalf of their pharmacist client. The pharmacist was previously unsuccessfully represented in a pharmacy board trial resulting in a decision revoking the pharmacist’s license and prohibiting him from working as a pharmacist 30 days after the result. In addition to challenging the overall findings, Nick ...

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Fenton Law Group Assists With Overpayment Demand

Fenton Law Group recently assisted a healthcare provider with an overpayment demand from a national health insurer pertaining to treatment rendered to its members. Fenton Law Group responded to the insurer’s demand, arguing that each of the disputed payments was properly made and that no overpayment occurred. Soon after Fenton Law Group’s involvement, the insurer resolved the overpayment issue and issued reimbursement to the provider in an amount greater than was originally paid....

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Fenton Law Group’s Victory in Grafilo v. Cohanshohet Certified for Publication

The State of California Court of Appeal’s recent opinion in Grafilo v. Cohanshohet has been certified for publication (click Download PDF). Fenton Law Group attorneys Ben FentonDennis Lee, and Alexandra de Rivera prevailed on behalf of a physician client against the Medical Board of California after the Board filed a petition for an order to obtain medical records o...

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Fenton Law Group Client Obtains California Clinical Laboratory License

Fenton Law Group recently successfully assisted a client in obtaining a California Clinical Laboratory License. The firm was able to navigate a complex application process and several initial license application issues to successfully appeal to the California Department of Public Health that the Fenton Law Group client was entitled to a license, which was granted....

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Nick Jurkowitz Successfully Defends Physician in Disciplinary Proceedings

Nick Jurkowitz successfully defended a physician and surgeon client in a disciplinary proceeding regarding a violation. The California Medical Board issued a citation against the physician and surgeon client alleging inadequate record keeping. Nick appealed the California Medical Board’s citation order and, after an informal hearing on the issue, the California Medical Board agreed with Nick and issued a revised order lifting the citation order and clearing the physician of any wrongdoing....

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Fenton Law Group Successfully Appeals Court Order on Behalf of Physician Client Against the Medical Board of California

Ben Fenton, Dennis Lee, and Alexandra de Rivera have won a lawsuit on behalf of a physician client against the Medical Board of California. The Board filed a petition for an order to obtain medical records of five of the doctor’s patients. The physician objected but the lower court granted the order. Fenton Law Group appealed the lower court’s decision and successfully reversed the order in the Court of Appeal. Attached is the Court’s Decision. The case involves whether or not the Medical Board had good cause to obtain the requested medical records....

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Fenton Law Group Successfully Opposes Petition for Reconsideration in Case Against Hospital Chief of Staff

Fenton Law Group recently won a case on behalf of a Hospital Chief of Medical Staff who was at risk of being fined by the California Medical Board for not reporting sanctions imposed upon a physician under his authority. The Medical Board subsequently filed a Petition for Reconsideration, arguing that the conduct of the physician in question was due to a medical disciplinary cause that would have required the Chief of Staff to file an 805 repo...

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