Criminal Defense for Ophthalmologists Accused of Crimes in California

As an ophthalmologist, your career is built on trust, precision, and an unwavering commitment to patient care. However, since your patients are entrusting their eyesight to you — and, in some cases, their lives, especially when surgery is involved — it’s also possible for your actions to come under legal scrutiny and even result in criminal charges. These can arise from a range of situations, including billing disputes, prescription-related concerns, medical mistakes, or misunderstandings with patients or staff.

In California, several penal code sections directly or indirectly apply to licensed medical professionals. Let’s take a look at some of the more common statutes under which ophthalmologists could be charged.

Insurance Fraud (Penal Code §550)

One of the most common areas where ophthalmologists face legal scrutiny is billing. Under Penal Code §550, it’s a crime to submit false or misleading claims to insurance companies. This includes billing for services that weren’t performed, inflating charges, or submitting duplicate claims.

Examples that may raise red flags:

Charging for diagnostic tests that are not medically necessary

Billing for comprehensive eye exams that were never conducted

Overcoding to receive higher reimbursement

Even honest mistakes in coding can trigger audits or investigations, but if prosecutors believe the action was intentional, you could face felony charges, prison time, and hefty fines if you’re convicted.

Prescribing Without a Legitimate Medical Purpose (Health & Safety Code §11153)

While ophthalmologists typically do not prescribe large amounts of controlled substances, medications like painkillers, anti-anxiety drugs, or steroids may be used after surgery or for chronic conditions. Prescribing these drugs outside the scope of your practice or without documented medical necessity can lead to allegations of illegal prescribing or even “pill mill” activity.

Potential triggers:

Prescribing opioids in large quantities without follow-up

Writing prescriptions for patients you haven’t examined

Filling prescriptions under another person’s name

Violations of prescription laws are aggressively prosecuted in California, especially amid the ongoing opioid crisis. Penalties may include imprisonment, fines, and DEA registration loss.

Sexual Battery (Penal Code §243.4)

Ophthalmologists work in close physical proximity to patients, often in dimly lit rooms, with sedation or eye shields in place. These settings—while routine to practitioners—can sometimes give rise to allegations of inappropriate contact or behavior, particularly if patients misinterpret actions or if boundaries are not clearly communicated.

Penal Code §243.4 makes it a felony to touch an intimate part of another person without consent, specifically in a professional or caregiving relationship.

High-risk scenarios include:

Performing procedures while a patient is sedated or partially conscious

Inadequate documentation or chaperone use during examinations

Patient complaints about discomfort or inappropriate remarks

Even a false allegation can trigger criminal investigations and medical board inquiries. If charges are filed, you could be required to register as a sex offender and face significant prison time if convicted.

Battery (Penal Code §242)

Physical interaction is a necessary part of many ophthalmologic procedures. But when a patient or staff member believes that contact was aggressive, forceful, or unnecessary, it may result in accusations of battery.

Under Penal Code §242, battery is defined as any “willful and unlawful use of force or violence” upon another person. Even minor physical contact can be charged if it is perceived as inappropriate or intentional.

Situations where battery allegations can arise:

Physically restraining a non-cooperative patient

Confrontations with colleagues or employees

Miscommunications during procedures that lead to patient injury

Forgery (Penal Code §470)

Forgery isn’t limited to check fraud—it includes altering or falsifying any official document, including medical records, patient consent forms, and prescriptions. Under Penal Code §470, this is a felony offense.

Examples relevant to ophthalmologists:

Modifying patient records to justify procedures after the fact

Signing another physician’s name on documents

Issuing fake prescriptions for controlled substances

Allegations often stem from audits, whistleblower tips, or patient complaints. Even if done under pressure or to “clean up” sloppy paperwork, forgery charges can be devastating.

Gross Negligence Leading to Injury or Death (Involuntary Manslaughter, Penal Code §192(b))

While not as common among ophthalmologists, criminal charges can arise when patient harm results from severe medical negligence. Penal Code §192(b) addresses involuntary manslaughter—an unintentional killing resulting from recklessness or gross negligence.

Examples might include:

Failing to monitor a patient after eye surgery leading to infection and death

Ignoring severe complications like glaucoma-related pressure

Proceeding with a risky procedure despite clear contraindications

These are rare but severe cases. Criminal negligence differs from malpractice: it implies a reckless disregard for human life. A conviction can result in significant prison time.

Unlicensed Practice or Aiding It (Business & Professions Code §2052)

It is a felony in California to practice medicine without a license, or to knowingly allow another person to do so. Ophthalmologists can face charges if they delegate medical tasks to unqualified or uncertified staff.

Common risk areas:

Allowing medical assistants to perform laser treatments

Signing off on procedures they didn’t oversee

Employing foreign-licensed doctors who are not licensed in California

A violation of this statute is a “wobbler” offense, meaning it may be charged either as a misdemeanor or felony based on the circumstances. If you’re convicted of the former, you could face up to a year in county jail; if the latter, it could be several years in state prison.

Compassionate Legal Representation for Ophthalmologists

If you’re an ophthalmologist facing a criminal investigation or formal charges in the Los Angeles area, the earlier you involve an experienced defense attorney, the better your chances of minimizing damage to your career, license, and freedom. Call our law offices for a consultation today. We will conduct a thorough investigation, build a strategic defense, and fight to preserve your future.