Henry Fenton recently prevailed in a case against the Medical Board of California that was handled before the Superior Court of California for the County of Los Angeles. In the case, Fenton Jurkowitz Law Group represented a doctor who had been reprimanded by the Medical Board after his employee allegedly issued unlawful and unauthorized prescriptions for controlled dangerous substances.
Though an administrative law judge initially concluded that the doctor was liable for his employee’s actions, Fenton Jurkowitz Law Group successfully petitioned the Superior Court to vacate the discipline imposed against the doctor, citing to precedent and arguing that a doctor could not be disciplined on a “vicarious liability” theory and that a doctor who institutes reasonable safeguards should not be disciplined for the unlawful actions of an employee.
As a result of this successful defense from the firm, the Superior Court concluded the case by granting the petition for Writ of Mandate, and the doctor will not have to face the severe professional consequences of being disciplined.
