Simas & Associates, Ltd., has a long and successful history representing ophthalmologists and optometrists throughout the State of California.
Legal Defense Against the Medical Board of California
Most notably, Richard K. Turner obtained the dismissal of over 100 charges of negligence in a Medical Board of California (MBC) case in 2005. Mr. Turner represented a Southern California ophthalmologist specializing in refractive surgery, including LASIK. After a several-week hearing, the MBC failed to adopt a proposed decision of the Administrative Law Judge. But Simas & Associates, Ltd., did not give up, ultimately prevailing in court on a Petition for Writ of Mandate by demonstrating that the MBC failed to follow its statutory rules and procedures regarding this case.
Simas & Associates, Ltd., handed the MBC another defeat in 2009. On the heels of the prior case, the MBC charged a Central Valley ophthalmologist with over 20 charges of negligence and gross negligence in the performance of LASIK and cataract surgeries. After trying the case for two weeks, the Administrative Law Judge dismissed all remaining 21 charges of alleged negligence and gross negligence; but this time, the MBC simply adopted the decision.
Legal Defense Against Insurance Carriers
Our firm's success is not limited to the MBC or the California State Board of Optometry. Simas & Associates, Ltd., has enjoyed a number of successful cases against insurance carriers, such as Vision Service Plan (“VSP”), in their attempts to terminate the provider or member status of ophthalmologists and optometrists throughout the state of California.
VSP has taken the position that any type of license discipline (e.g. probation, suspension, etc.) from either the MBC or the Board of Optometry presumptively violates the provider agreement, making the optometrist or ophthalmologist subject to provider status termination. However, our law firm has been able to overcome that initial presumption in a number of cases. Simas & Associates, Ltd., has also successfully represented eye care professionals in matters involving
- VSP audits
- Provider status termination proceedings
- Disputes involving record-keeping and other VSP policies
- Related administrative hearings and appeals
Due to the swiftly developing and changing technology in ophthalmology and eye care, especially in the area of refractive and corneal surgery, these are very challenging cases to try and, as indicated above, the board sometimes gets them wrong. It helps to have an experienced advocate representing you who can competently communicate those errors to the MBC or insurance carriers like VSP.
Legal Defense and Counsel for Ophthalmologists and Optometrists
Based upon our team’s dedication to defending the rights of healthcare professionals, and our numerous successes representing eye professionals, we provide the following services and legal representation:
- MBC and Board of Optometry disciplinary actions including:
- Petition for reinstatement
- Examination and applications
- License renewal
- License denial, Statement of Issues
- Compliance with advertising rules and regulations
- Regulatory compliance
- VSP compliance and disputes
- Provider status disputes
- Credentialing and staff privileges
- Employment Law
- Contract Law
- Business Formation and Transactions
When you, as an eye care professional, face one of the issues above, it is imperative to have competent Health Care Law counsel that not only understands your issues, but also understands your industry. At Simas & Associates, Ltd., we do. Contact us today for your free and confidential initial attorney consult.