Irregular Behavior

What is at stake when a medical student, medical school graduate or medical professional receives a letter informing them that they are alleged to have engaged in irregular behavior? Put simply, everything. The permanence of such a finding, in the face of all the years of education, financial obligation and hard work devoted toward building a career in medicine, can be devastating. A finding of irregular behavior can result in disciplinary action taken by the Educational Commission on Foreign Medical Graduates (ECFMG®), the National Board of Medical Examiners (NBME), the National Residency Match Program (NRMP) and other gatekeepers to a career in medicine. It often serves to impede admission to or retention in a residency program, and can disrupt the timely processing of applications for medical licenses or medical staff privileges. It follows a medical professional for the rest of his or her career.

We take very seriously the consequences of irregular behavior allegations, and represent medical students, residents, interns, fellows and practitioners facing the full range of administrative and legal actions, including committee hearing appearances, license and board certification applications and hearings, credentialing hearings, and civil and administrative hearings. We help ensure that any investigations or disputes are handled fairly and that our clients’ rights are upheld. When representing our clients before hearing and credentialing committees, we advocate that no finding of irregular behavior be made, or, where appropriate, that the punishment accompanying such a finding be proportionate and fair. In all proceedings, we are mindful to preserve the record for potential subsequent judicial review.

Our attorneys have:

  • Represented numerous physicians in disputes regarding board certifications and certification eligibility
  • Obtained an injunction against the Educational Commission for Foreign Medical Graduates, resulting in the reinstatement of a physician’s ECFMG certificate
  • Defended a physician alleged to have engaged in irregular behavior, resulting in no adverse action taken against the physician by ECFMG, NRMP or the Electronic Residency Application Service (ERAS)
  • Represented foreign medical graduates in disputes with the Educational Commission for Foreign Medical Graduates (ECFMG)
  • Represented physicians in disputes with the National Board of Medical Examiners (NBME) and United States Medical Licensing Examination (USMLE)

" Dennis is an outstanding attorney. He is very bright and adopts a practical approach to solving problems for his clients. " — Stanley C.

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