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Can a License Suspension Be Lifted While Case Is Still Pending?

Posted by Joseph D. Lento | Apr 13, 2024 | 0 Comments

Once a medical professional is hit with a license suspension, a common conception is that the suspension will remain intact until the case is resolved. That resolution might be a quick dismissal of the initial complaint, or it may come as the result of a lengthy investigation by the licensing board. Either way, the process must run its course before the accused is able to resume working. 

It makes sense — but is it true? Not exactly. A recent case in Nevada put this notion to rest when the state medical board's investigative committee recommended that the suspension of the doctor in question be lifted while the complaint was pending a full hearing.  

While it may seem odd, lifting a physician's suspension before the case has been resolved depends on nothing but the licensing board's discretion. Your best chance at a similar resolution is to retain the Lento Law Firm's Professional License Defense Team. We have experience negotiating with licensing boards and know how they think. Call us today at 888-535-3686 or fill out our online contact form.  

What Happened in Nevada? 

Dr. Samuel Chacon, an OBGYN in Reno, Nevada, came to be under investigation in late 2023. He was accused by several obstetrics patients in regard to their treatment under his care. While it is clear there is some merit to the complaints, it is unclear whether any of the alleged offenses actually violate Nevada's Medical Practice Act.  

After compelling arguments from Dr. Chacon's attorney, the Nevada State Board of Medical Examiners' Investigative Committee agreed to lift his suspension with respect to his non-obstetric patients. Since the complaints primarily related to issues during childbirth (obstetrics), Dr. Chacon will now be able to resume providing care for his gynecology patients. 

A Reasonable Compromise 

Major, career-altering implications hinge on the results of licensing boards' investigatory findings. These are understandably stressful and scary times for the medical professionals under the microscope. However, the good news is that logic and reason often win out. In the case of Dr. Chacon, his lawyer was able to make a case to the board that the complaints in question only presented challenges in the obstetrics field and, therefore, it was illogical to suspend the doctor from treating his non-obstetrics patients. 

Now, it should be noted that in Dr. Chacon's case, the lifted suspension is temporary. At the conclusion of the full hearing, after considering all available evidence, the Nevada licensing board will make a determination on whether the suspension should be reinstated or permanently lifted. While it's nice to have the ability to operate his practice in the interim, it's crucial to have experienced legal representation on board throughout the entire process. 

The Lento Law Firm Assists Health Professionals 

No matter what stage of the investigatory and adjudication process you find yourself in, the Lento Law Firm can help. Our Professional License Defense Team handles licensing cases nationwide and consistently guides clients toward suitable resolutions. For a consultation, contact us by phone at 888-535-3686 or online via our automated form

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento has unparalleled experience fighting for the futures of his professional clients nationwide. With unparalleled experience occupying several roles in the justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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