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


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.