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Can I sue a person/company for threatening to release false/true information that could revoke my medical license to practice?

Orange, CA |

I was previously in business with a company and decided to branch away and form my own company. Now the previous company I used to work with is threatening to sue me over rights to ownership of a product that I created as well as threatening that I may lose my license to practice in my medical field if I don't play nicely. I don't know what kind of information they could use, but just based on this, was wondering if I could sue on those grounds if:

1. just the threat alone on my career 2. if I actually were to have my license revoked for any reason that results from them using false or true information

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Attorney answers 3


I strongly suggest, since this situation concerns your professional license, that you do not post here but instead seek qualified legal counsel with respect to the underlying issues. Those are the issues that need to be addressed -- not some issue that has not presented itself.

BTW, you would have absolutely no chance of success in any civil action against a person or entity based upon their reporting of truthful information to a licensing authority or anyone else.

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I have a great deal of specific experience defending the State licenses of medical professionals and even so I am having trouble making sense of your concerns.

If you conducted yourself dishonestly in a former business relationship, allegations pertaining to such conduct can cause discipline against your State professional license. But you will be afforded an opportunity to contest that accusation in an evidentiary hearing before an Administrative Law Judge. That administrative hearing process -- and NOT a private independent aggressive pre-emptive strike lawsuit by you -- will be the process by which such accusations are heard and adjudicated.

There is little need for concern about vulnerability for your license for any allegations arising from a prior business relationship other than allegations of dishonest behavior. CA State licensing agencies will not ordinarily act against a professional license based on civil disputes or business issues not involving issues of dishonest or unethical conduct, or conduct in violation of State law.

You cannot sue for the act of making a complaint to a State licensing agency. Such complaints are privileged -- for obvious reasons -- even if the allegations in the complaint are ultimately found not sustained or untrue.

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So really, anyone can file a complaint just to be spiteful even if it is untrue and can't be held responsible for it.


The other answers give you very good advice.

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