A physician client going through a difficult period of his life experienced a substance abuse incident. In order to avoid giving the physician a chance to pursue rehabilitation as suggested by agency regulations his hospital created a series of false charges of negligence against him, ignoring the software issues that actually created the alleged problems. The physician appealed to the Disciplinary Appeals Board (“DAB”) while diligently pursuing rehabilitation.
Pines Federal attorneys were able to disprove the additional charges the agency used to justify the removal of the physician with detailed testimony about the software at issue in the case. Under questioning, Pines Federal attorneys got the proposing official to admit he would not have fired the physician for the substance abuse incident alone, showed the deciding official was consciously ignoring agency regulatory guidance, and discredited the agency’s expert witness.
The DAB overturned the physician’s termination and reinstated him to his position, giving him his job back and a chance to continue practicing medicine.
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