Irregular behavior defense lawyer

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12 Tips on Protecting Your Rights and Defending Yourself Against Irregular Behavior Charges from the USMLE

Attorney George F. Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If you are one of those unlucky individuals who have been accused of irregular behavior by the United States Medical Licensing Examination (USMLE) Secretariat, then it is extremely important for you to know this information.

USMLE hearings on irregular behavior are almost always held in Philadelphia, Pennsylvania, before a large committee the committee on individual review or “CIR,” appointed to hear such cases. The committee is composed of medical school professors, doctors, medical school administrators, members of various medical specialty associations, and others. The hearings are held in one of the conference rooms of the National Board of Medical Examiners (NBME) Building in Philadelphia.

We routinely represent medical students and graduates who have taken the USMLE Step exams and have later been accused of irregular behavior. This includes hearings, appeals and other legal matters involving the Step Exams, credentials, responding to inquiries about the misconduct of school officials and related matters.

What is Irregular Behavior?

Irregular behavior can include many different types of action. We have seen cases in which someone set the test center building on fire in order to have the test (which was ongoing) canceled with irregular behavior because they wrote on their hand or their arm or ankle during the examination. We have seen individuals charged with irregular behavior because they had handwriting on the bottom of a flip flop or a sheet of toilet paper; we have seen individuals charged with irregular behavior because they used their iPhone during a break or they were not still in medical school on the day the Step exam was given. We have seen those charged with irregular behavior for altering their test scores on their test transcripts, even though they received a passing grade and because they posted “Me too” on a website where someone had asked if anyone had copies of “The Houston Cases” or wanted them.

We have seen those charged with irregular behavior because they posted information on an Internet website that the USMLE thought was too similar to actual test materials. We have seen individuals charged because they used forged documents to obtain access to the test or to apply to monitor’s instructions at the test center. We have seen individuals charged with irregular behavior for sending forged test scores to their medical school. We have seen applicants charged with irregular behavior for not following the monitor’s directions at the test center. We have represented test-takers who were accused of irregular behavior because their test answers were too “statistically similar” to those of another test taker who took the test at a different location and date.

We have represented medical students charged with irregular behavior because they had completed their USMLE applications incorrectly, using the information that their medical school officials had told them to place on the forms. We have represented medical school students charged with irregular behavior because their medical schools had placed the wrong information on their cation forms (note: later the medical school itself was found to have been guilty of irregular behavior by the organization.)

However, allegations of irregular behavior can usually be easily overcome with an explanation of the truth. It is up to you (and us, if you hire us) to present the truth as to what really happened and why it happened.

Although it is our best advice that you retain the services of an experienced health lawyer, specifically one experienced in dealing with the USMLE and in representing applicants in USMLEor

Tips for Preparing for a Hearing Before the Committee on Individual Review of the USMLE.

Following are several of the most important tips we can present on how to best prepare for a hearing before the Committee on Individual Review of charges of Irregular Behavior.

1. Be sure to request a complete copy of the USMLE’s file and work case, including any investigation, incident reports, videos, or other materials, before you file a response, in writing.

2. Be sure that you file your statement, explanation, or other appropriate documents (depending on the facts and circumstances of your case) prior to the deadline given in the initial letter to you. Document its transmission to and receipt by the USMLE.

3. If you need an extension of time, request this in writing prior to the expiration of the deadline given to you in the original letter. Do this in writing and keep a copy.

4. Be sure that you request in writing a hearing and to appear in person at the hearing prior to the deadline given in the initial letter to you. (Note: if are already going to appear at the same hearing meeting, we can give you a discount from our normal legal fees for this representation. Ask about this.)

5. If you are unable to appear in person at the hearing in Philadelphia, Pennsylvania, on the date provided in the initial letter, ask that your hearing be postponed until the next available date, and provide good, sufficient reasons why you are unable to attend on the original date given.

6. Be very careful and deliberate about what you state in writing. Any statement you make should be well-organized, professionally prepared, and supported by adequate, relevant, affidavits and documents. This is another reason why you should have an attorney preparing and submitting this for you.

7. In some cases, we recommend hiring an expert to review the case and provide us an expert affidavit to submit. This may be the case when confronted with charges based on statistical analysis, computer systems issue, testing procedures, questionable documents, or other technical matters.

8. Your statement and presentation should directly address the allegations made against you. You are strongly encouraged to review the blog I previously wrote on preparing professional correspondence here.

9. Never lie or submit any false information or documents. The USMLE will thoroughly investigate any suspicious or questionable facts or materials you submit. This can extend to the use of private investigators to locate and interview witnesses, forged documents, or questioned document examiners to analyze documents submitted, and other such methods. Submitting any false information can lead to vastly more severe actions against you.

10. Get prepared for your hearing. Think about and rehearse what you will say. You will be under a lot of stress, in front of about 20 people, most of whom will be asking questions to you. If you are not ready for this, it will be to your detriment.

11. Expect the usual questions. But then, also expect the unusual questions that you may be asked. Plan for what questions may be asked by the Committee members. We always prepare our clients to testify and to be prepared to answer various questions that we know are likely to be asked.

12. Remember that you will be in an unusual, stressful, situation, one which you have probably never experienced before. Plan for this. Obtain as much information about the situation as you can. If you are not used to attending contentious hearings and being cross-examined and interrogated (which 99.9% of doctors are not), then you need to have an experienced attorney sitting next to you.

These are important matters that will affect your future career as a physician. Consider how much in time you have spent and how much in tuition, fees and student loans you have incurred to get this far. Is it smart to scrimp at this point in time and take the cheap way out by either trying to represent yourself or finding a cheap, inexperienced attorney to represent you?

Click here to read one of my prior blogs on the consequences of irregular behavior.

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

KeyWords: Irregular behavior defense lawyer, irregular conduct legal representation, graduate medical education (GME) defense attorney, international medical graduate attorney, graduate medical education defense lawyer, lawyer for medical students, medical resident physician attorney, residency program legal dispute, residency program litigation, medical school litigation, legal representation for medical residents, legal dispute with medical school, medical students legal counsel, disruptive physician attorney, impaired medical student legal counsel, impaired resident legal defense attorney, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney, National Board of Medical Examiners (NBME) defense counsel, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, ECFMG defense attorney, legal representation for USMLE investigations, legal representation for NBME investigations, legal representation for irregular behavior, irregular behavior defense attorney, irregular behavior defense counsel, health law attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing

“The Health Law Firm” is a registered fictitious business name and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

ECFMG Hearing on Irregular Behavior? Tips on Protecting Your Rights and Preparing

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If you are one of those unlucky individuals who have been accused of irregular behavior by the Educational Commission for Foreign Medical Graduates (ECFMG), then it is extremely important for you to know this information.

ECFMG hearings on irregular behavior are almost always held in Philadelphia, Pennsylvania before a large committee appointed to hear such cases. The committee is composed of doctors, medical school administrators, members of various medical specialty associations, and others. The hearings are usually held in a conference room of a large hotel, in closed session (not open to the public).

Since live witnesses (other than yourself) are not permitted, it is very important that any witness testimony of any kind be reduced to writing, preferably in the form of an affidavit, and submitted prior to the deadline you are provided.

Although it is our best advice that you retain the services of an experienced health lawyer, specifically one experienced in dealing with the ECFMG and in representing applicants in ECFMG hearings on irregular behavior, below we have listed helpful tips we have gathered through our years of experience.

The following are some tips to assist in ensuring your rights are protected.

1. Be sure to request a complete copy of the ECFMG’s file and work case, including any investigation, incident reports, videos, or other materials, before you file a response.

2. Be sure that you file your statement, explanation, or other appropriate documents (depending on the facts and circumstances of your case) prior to the deadline given in the initial letter to you. Document its transition and receipt.

3. If you need an extension of time, request this in writing prior to the expiration of the deadline given to you in the original letter. Do this in writing and keep a copy.

4. Be sure that you request in writing a hearing and to appear in person at the hearing prior to the deadline given in the initial letter to you.

5. If you are unable to appear in person at the hearing in Philadelphia, Pennsylvania, on the date provided in the initial letter, ask that your hearing be postponed until the next available date, and provide good, sufficient reasons why you are unable to attend on the original date given.

6. Be very careful and deliberate about what you state in writing. Any statement you make should be well-organized, professionally prepared, and supported by adequate, relevant, affidavits and documents. This is another reason why you should have an attorney preparing and submitting this for you.

7. In some cases, we recommend hiring an expert to review the case and provide us an expert affidavit to submit. This may be the case when confronted with charges based on statistical analysis, computer systems issue, testing procedures, questionable documents, or other technical matters.

8. Your statement and presentation should directly address the allegations made against you. You are strongly encouraged to review the blog I previously wrote on preparing professional correspondence.

9. Never lie or submit any false information or documents. The ECFMG will thoroughly investigate any suspicious or questionable facts or materials you submit. This can extend to the use of private investigators to locate and interview witnesses, the use of questioned document examiners to analyze documents submitted, and other such methods.

10. Get prepared for your hearing. Think about and rehearse what you will say. You will be under a lot of stress, in front of about 20 people, most of whom will be asking questions to you. If you are not ready for this, it will be to your detriment.

11. Expect the usual questions. But then, also expect the unusual questions that you may be asked. Plan for what questions may be asked by the Committee members. We always prepare our clients to testify and to be prepared to answer various questions that we know are likely to be asked.

12. Remember that you will be in an alien situation, one which you have probably never experienced before. Plan for this. Obtain as much information about the situation as you can. If you are not used to attending contentious hearings and being cross-examined and interrogated (which 99.9% of doctors are not), then you need to have an experienced attorney sitting next to you.

These are important matters that will affect your future career as a physician. Consider how much time you have spent and how much in tuition, fees and student loans you have incurred to get this far. Is it smart to scrimp at this point in time and take the cheap way out by either trying to represent yourself or finding a cheap, inexperienced attorney to represent you?

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat, and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

KeyWords: Irregular behavior defense lawyer, irregular conduct legal representation, graduate medical education (GME) defense attorney, international medical graduate attorney, graduate medical education defense lawyer, lawyer for medical students, medical resident physician attorney, residency program legal dispute, residency program litigation, medical school litigation, legal representation for medical residents, legal dispute with medical school, medical students legal counsel, disruptive physician attorney, impaired medical student legal counsel, impaired resident legal defense attorney, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney, National Board of Medical Examiners (NBME) defense counsel, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, ECFMG defense attorney, legal representation for USMLE investigations, legal representation for NBME investigations, legal representation for irregular behavior, irregular behavior defense attorney, irregular behavior defense counsel, health law attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing

“The Health Law Firm” is a registered fictitious business name and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.

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Here Are Some Common Sense Tips for Taking Your USMLE Step Exams and Scoring Higher

George Indest HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Here are some common-sense tips you should be sure you follow that may help you to reduce stress and score higher when you take your United States Medical Licensing Examination (USMLE) Step examinations. You should be doing everything within your control to minimize your stress and the risk of being late for the examination. Again, these are common sense and if you have taken a lot of standardized examinations, you may already be aware of these.

1. Do not plan on driving to the test site from your home the morning of the examination even if you leave in the same city as the testing center.

a. Unexpected car problems could occur.
b. Traffic backups and delays always occur.
c. Accidents always happen.
d. Road problems, construction delays, and detours are common.

Eliminate these unnecessary risks.

2. Find the hotel closest to the testing center and stay there the night before the test. Hopefully, this will be within walking distance of the test site if it is necessary to walk there.

3. Read all of the applicable testing procedures, the applicable USMLE and/or Educational Commission for Foreign Medical Graduates ( ECFMG) Handbook, Guidelines and Procedures again the day before the examination you are taking. You signed an agreement to be bound by these and you are expected to know these for the examination. Be sure you understand how scheduled and unscheduled breaks work, how the time is accounted and what you are allowed to do and prohibited from doing on breaks.

4. Make sure you know ahead of time exactly how much time you will be given for each part of the examination and for breaks, Be sure you have calculated how much time you have for each question on each section of the examination, answer within the times you have calculated and move on through the examination in a timely manner.

5. Do not let other occurrences and disturbances in the testing center upset you or distract you.

6. If some extremely disruptive event occurs, for example, fire alarms and evacuations taking place, other examination takers having seizures and being removed by paramedics, etc., consider leaving and taking an incomplete on this examination. Be sure to ask the test center monitors/proctors to file an incident report on what occurred at the test center, Then, within 24 hours, write to the USMLE and ECFMG and advise the organization of exactly what happened and why you had to leave.

7. Bring your own lunch, snacks, and beverages, including something like energy bars or chocolate bars, to provide needed sustenance. Do not leave the testing center for lunch unless you absolutely have to, and then, stay local and on foot. Do not take the risk of driving someplace and back.

8. If a certain testing center has a bad reputation for being a poor testing site or having frequent computer failures, schedule to take the test at a site in another city or state. Travel there and stay at a hotel within walking distance of the test site, perhaps a few days before the examination date. You can then use the additional time and isolation for additional studying and test preparation.

9. Do not refer to or use any cell phone, tablet or personal device while the test is still underway. Be sure you are familiar with all test-taking procedures.

10. To avoid any risks of misunderstandings, do not write down anything during the examination or about the examination at the testing center. Outside during lunch, may be okay; otherwise, wait till you get back home.

Although common sense, you would be surprised at how many test-takers violate these common-sense tips and then suffer from the consequences.

Plan for and have as stress-free of an examination as you can. Control the controllable.

For more helpful tips and to learn more about examples of “Irregular Behavior,” click here to read my prior blog.

Additionally, click here to view one of our blogs on our experience with the USMLE, ECFMG, and NBME, and Hearings on “Irregular Behavior.”

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education, and those being challenged by the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG)

The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters. We routinely help those who have disputes with the National Board fo Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE) Secretariat , and the Educational Commission for Foreign Medical Graduates (ECFMG), including on hearings and appeals concerning “Irregular Behavior,” “unprofessionalism,” and “Irregular Conduct.”

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

KeyWords: Irregular behavior defense lawyer, irregular conduct legal representation, graduate medical education (GME) defense attorney, international medical graduate attorney, graduate medical education defense lawyer, lawyer for medical students, medical resident physician attorney, residency program legal dispute, residency program litigation, medical school litigation, legal representation for medical residents, legal dispute with medical school, medical students legal counsel, disruptive physician attorney, impaired medical student legal counsel, impaired resident legal defense attorney, United States Medical Licensing Examination (USMLE) defense lawyer, USMLE defense attorney, National Board of Medical Examiners (NBME) defense counsel, Educational Commission for Foreign Medical Graduates (ECFMG) defense lawyer, ECFMG defense attorney, legal representation for USMLE investigations, legal representation for NBME investigations, legal representation for irregular behavior, irregular behavior defense attorney, irregular behavior defense counsel, health law attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Philadelphia attorney for ECFMG hearing, Philadelphia lawyer for NBME hearing, Philadelphia legal counsel for USMLE hearing

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2019 The Health Law Firm. All rights reserved.