Are You a Nurse with a Licensing Board Case and Administrative Action?

I'm Frances Cullen. If you're a nurse with a licensing board case, an administrative action, or a criminal action, we have 25 years of experience we will bring to bear in providing you with the best legal representation possible for your case.

Levy Pruett Cullen is a law firm dedicated to the defense of licensed professionals. We have extensive experience in representing numerous healthcare professionals with issues before professional licensing boards, before professional review agencies, and obtaining licensure in the state of Georgia.

We also provide representation for all types of criminal cases, any of which could impact your ability to practice your profession.

It is important to have an attorney on your side that is knowledgeable regarding the full scope of potential issues that could affect a licensee, and we'll pay particularized attention to the facts of your case.

Determining a defense to any licensing or criminal action, we will consider the various collateral consequences to figure out the best possible outcome.

The successful resolution of each case can vary for every client. Some individuals will spare obtaining the best possible result if they can obtain a speedy case resolution. Others can bear the emotional toll of working through case slowly but want to fight for the best result possible.

We listen to you and we pay attention to your needs.

For applicants, we are knowledgeable regarding each licensing board's requirements and can assist you in obtaining your professional license. If you are faced with an issue with a lapsed license, we can help you with the reinstatement of your license. We are familiar with all of the different licensing laws, regulations, and the collateral consequences that attached to a licensee.

At Levy Pruett Cullen, we can help you with your licensing case, administrative issues, civil cases, and criminal matters to reach the best possible resolution.

Are You a Chiropractor with a Licensing Issue or a Criminal Matter?

If you're a chiropractor with a licensing board issue or a criminal matter, we have more than 25 years of experience that we will bring to bear when providing you with the best legal representation possible for your case.

Levy Preutt Cullen is a law firm dedicated to the defense of licensed professionals with extensive experience in representing numerous health care professionals with issues before a professional licensing boards and review agencies, as well as obtaining licensure in the state of Georgia. We also provide representation for all types of criminal cases, any of which could impact your ability to practice your profession.

It's important to have an attorney on your side that is knowledgeable regarding the full scope of potential issues that could affect a licensee. We'll pay particularized attention to the facts of your case.

Determining defense to any licensing or criminal action, we will consider the various collateral consequences to figure out the best possible outcome.

A successful resolution of each case can vary for every client. Some individuals will spare, obtaining the best possible result if they can obtain a speedy case resolution. Others will choose to bear the emotional toll of working through a case slowly seeking the best result possible.

We will listen to you and pay attention to your needs.

For professional license applicants, we are knowledgeable regarding each licensing boards requirements and can assist you in obtaining your professional license.

If you are faced with an issue with a lapsed license, we can help you with the reinstatement of your license. We are familiar with all of the different licensing laws, regulations and the collateral consequences that attach to a licensee.

At Levy Pruett Cullen, we can help you with your licensing case, civil case, license application, or criminal matter to reach the best possible resolution.

Are You a Psychologist with a Licensing Case and Administrative Issue?

If you are a psychologist with a licensing board case, an administrative issue, or a criminal matter, we will bring 25 years of experience to bear when providing you the best legal representation possible for your case.

Levy Pruett Cullen is a law firm dedicated to the defense of licensed professionals with extensive experience in representing numerous healthcare professionals with issues before professional licensing boards and professional review agencies, as well as obtaining licensure in the state of Georgia. We also provide representation for all types of criminal cases, any of which could impact your ability to practice your profession.

It is important to have an attorney on your side that is knowledgeable regarding the full scope of potential issues that could have set a licensee and we pay particularized attention to the facts of your case.

Determining defense to any licensing or criminal action, we will consider the various collateral consequences to figure out the best possible outcome.

The successful resolution of each case can vary for every client. Some individuals will spare obtaining the best possible result if they could obtain a speedy case resolution. Others can bear the emotional toll of working through a case slowly but want to fight for the best result possible.

We'll listen to you and pay attention to your needs.

For applicants, we are knowledgeable regarding each licensing boards requirements and can assist you in obtaining your professional license. If you are faced with an issue with a lapsed license, we can help you with the reinstatement of your license. We are familiar with all of the different licensing laws, regulations, and the collateral consequences that are attached to a licensee.

At Levy Pruett Cullen we can help you with your license case, administrative issues, civil cases, and criminal matters to reach the best possible resolution.

Are You a Pharmacist with a Licensing Board and Administrative Case?

I'm Frances Cullen. If you're a pharmacist with a licensing board, administrative action or criminal case. We have 25 years of experience. We will bring to bear in providing you with the best legal representation possible for your case.

Levy Pruett Cullen is a law firm dedicated to the defense of licensed professionals with extensive experience in representing numerous healthcare professionals with issues before professional licensing boards, before professional review agencies, and obtaining licensure in the state of Georgia. We also provide representation for all types of criminal cases, any of which could impact your ability to practice your profession.

It is important to have an attorney on your side that is knowledgeable regarding the full scope of potential issues that could have set a licensee and we pay particularized attention to the facts of your case.

Determining defense to any licensing or criminal action, we will consider the various collateral consequences to figure out the best possible outcome.

The successful resolution of each case can vary for every client. Some individuals will spare obtaining the best possible result if they could obtain a speedy case resolution. Others can bear the emotional toll of working through a case slowly but want to fight for the best result possible.

We'll listen to you and we'll pay attention to your needs.

For applicants, we are knowledgeable regarding each licensing boards requirements and can assist you in obtaining your professional license. If you are faced with an issue with a lapsed license, we can help you with the reinstatement of your license. We are familiar with all of the different licensing laws, regulations, and the collateral consequences that are attached to a licensee.

At Levy Pruett Cullen, we can help you with your license case, administrative issues, civil cases, and criminal matters to reach the best possible resolution.

Court of Appeals Allows a Vague "Demand Letter" to Get Past Summary Judgment in an Insured's Claim for Negligent or Bad Faith Refusal to Settle

In Hughes v. First Acceptance Ins. Co. of Georgia, Case No. A17A0735 (Ga. Ct. App., Nov. 2, 2017), the Georgia Court of Appeals held that a jury must decide whether two inexplicit letters sent simultaneously to the defendant insurance company’s counsel constituted a 30-day settlement demand for liability coverage limits. The result of this case underscores the extreme caution and diligence a liability insurance carrier must exercise in reviewing any communications whatsoever from Plaintiff’s attorneys.

The case arose from a five-vehicle accident in which the insured driver was killed and others injured, including Jina Hong, a minor who sustained a traumatic brain injury. Evidently, liability on the part of the insured driver was clear. The driver was insured by First Acceptance with minimum limits of $25,000 per person, $50,000 per accident. The attorney for the minor and the minor’s mother contacted First Acceptance and stated that “he looked forward to working with the insurer to resolve the matter and that he would forward a settlement demand when his clients had finished treatment.” Some months later, the attorney for First Acceptance wrote the attorneys for all of the injured parties, including Jina Hong, stating that he wanted to schedule a settlement conference.

Four months later, Jina Hong’s attorney faxed two letters dated June 2, 2009, to the attorney for First Acceptance. The first letter stated they “were ‘interested in having their claims resolved within your insured’s policy limits, and in attending a settlement conference.’” (Emphasis added.) The letter mentioned the plaintiffs’ uninsured motorist coverage, that the amount paid from available liability coverage must be determined, and “[o]nce that is determined,” they would need to execute a limited liability release. The letter went on to state:

In fact, if you would rather settle within your insured’s policy limits now, you can do that by providing that release document with all the insurance information as requested in the attached [second letter], along with your insured’s available bodily injury liability insurance proceeds.

The second letter simply asked that First Acceptance provide the insurance coverage information within 30 days, and that “’any settlement will be conditioned upon the receipt of all the requested insurance information.”

On July 10, 2009, thirty-eight days after the two letters, the plaintiffs filed suit against the estate of the deceased insured driver. The plaintiffs’ attorney then wrote the attorney for First Acceptance to inform him that a clear 30-day offer to settle within policy limits had been made, there had been no response, and now the offer to settle was withdrawn. Now scrambling, the attorney for First Acceptance quickly scheduled a settlement conference, but counsel for the minor plaintiff did not participate. The case went to a jury trial, and the court entered judgment in favor of the minor plaintiff for $5,334,220.

Robert Hughes, the administrator of the insured’s estate, subsequently sued First Acceptance for negligent and bad faith refusal to settle. Hughes sought the excess amount of the underlying judgment, attorney’s fees, and punitive damages. Both sides moved for summary judgment. The trial court granted summary judgment in favor of First Acceptance and against Hughes. The Court of Appeals affirmed the denial of Hughes’ motion, and affirmed the grant of summary judgment in favor of First Acceptance as to the claims for attorney’s fees and punitive damages. The Court held that, although liability for attorney’s fees and punitive damages are generally questions for the jury, Hughes essentially abandoned his claim for attorney’s fees, and there was an absence of evidence that First Acceptance engaged in willful or wanton conduct which would authorize punitive damages.

Incredibly, however, the Court also held that a jury must decide whether the two letters sent by the plaintiffs’ attorney constituted a time-limited settlement offer, and whether First Acceptance reasonably responded to it. Quoting Cotton States Mutual Ins. Co. v. Brightman, 276 Ga. 683 (2003), the Court laid out the familiar legal standard applicable in these cases: “’An insurance company may be liable for the excess judgment entered against its insured based on the insurer’s bad faith or negligent refusal to settle a personal claim within the policy limits,’” and ‘”the insurer is negligent in failing to settle if the ordinarily prudent insurer would consider choosing to try the case created an unreasonable risk.’” The Court noted that whether the insurer was in fact “ordinarily prudent” or took an “unreasonable risk” is usually a question for the jury. The Court further noted that it was immaterial that First Acceptance was faced with multiple claims and could not know whether the claims could be settled within its limits, because a liability insurer may in good faith settle with one or more claimants to the detriment of the others. With no further analysis, however, the Court simply concludes that “[i]t is apparent from a review of those letters that they, at the very least, create genuine issues of material fact as to whether Hong offered to settle her claims within the insured’s policy limits and to release the insured from further liability, and whether the offer included a 30-day deadline for a response.”

The clear lesson from this unfortunate result is that claims professionals and counsel for insurers must carefully scrutinize every communication received from plaintiffs’ attorneys. Any mention of a deadline should immediately raise a red flag. Where any ambiguity exists, get clarification. A timely response, even if it is just a request for the attorney to say what he means, is better than no response at all.

Are You a Healthcare Professional with a Licensing Case?

I am Frances Cullen of Levy Pruett Cullen. We are a law firm dedicated to the defense of licensed professionals. We have extensive experience in representing numerous healthcare professional with issues before professional licensing boards, before professionals review agencies, and obtaining licensure in the State of Georgia. We also provide representation for all types of criminal cases, any of which could impact your ability to practice your profession.

It is important to have an attorney on your side that is knowledgeable regarding the full scope of potential issues that could affect a licensee. We pay particularized attention to the facts of your case. Determining defense to any licensing or criminal action, we will consider the various collateral consequences to figure out the best possible outcome.

A successful resolution of each case can vary for every client. Some individuals will spare obtaining the best possible result if they could obtain a speedy case resolution. Others can bear the emotional toll of working through a case slowly but want to fight for the best result possible. We listen to you and we pay attention to your needs.

For applicants, we are knowledgeable regarding each licensing board requirements and can assist you in obtaining your professional license. If you are faced with an issue, with a lapsed license, we can help you with the reinstatement of your license. We are familiar with all of the different licensing laws, regulations, and the collateral consequences that attach to a licensee.

We can help you with your licensing case, administrative issues, civil cases and criminal matters to reach the best possible resolution.

What Should You Do If You’re Contacted by a State Licensing Board Investigator?

I'm Frances Cullen. What should you do if you're contacted by the State Licensing Board investigator? You must take these issues seriously and act quickly should you become aware of the potential investigation by a licensing authority. Most cases follow stages that begin with a complaint, followed by an investigation, and then board review. Comment complaints may be filed by colleagues, by employees, by former employees, by patients or even a competitor. Licensing board complaints in the State of Georgia are confidential by law so you will not necessarily know who filed the complaint or what was said. Seek help early in the process so you don't make any missteps.

Contrary to statements that may be made by a board investigator, the board investigator is not your friend and he's not just asking you for a simple statement. The investigator is looking into whether the complaint against you is valid and trying to determine whether the board should proceed with charges against you. Those statements will be used in your board case. Similarly, you should never attend a licensing board interview without legal counsel. While a licensing board letter may characterize a meeting as informal, your statements at any interview can and will be used against you. It is important at the beginning of an investigation to present yourself in the best position possible. You must keep in mind that your career rest on your professional license and you must early on address issues as well as you can possibly to do deter board action. Your license is your livelihood, you must do your best to protect your ability to practice.

At Levy Pruett Cullen, we're familiar with these issues, we work hard to protect your license and your livelihood, and we bring years of experience and knowledge to guide you through the licensing board investigative process to reach the best possible outcome.

Georgia Pharmacy Law

Levy Pruett Cullen represents Georgia pharmacists, pharmacies, and pharmaceutical companies with regulatory and licensing issues in the State of Georgia. We also represent those seeking licensure in the State of Georgia.

Pharmacy law is very complicated because the laws and rules regulating pharmacy practice are set forth in federal and state laws and regulations. These laws and rules are spread through several code sections, and several agencies are involved in the regulation of pharmacy practices. Levy Pruett Cullen has worked extensively with the Georgia Board of Pharmacy, with Georgia Drugs and Narcotics, and with the Drug Enforcement Agency to resolve numerous cases involving pharmacists and pharmacies as well as pharmaceutical companies. These cases have been involved with misfiled prescriptions, compounding errors, pharmacies failing investigative audits, and we have also worked with license application issues, as well as other pharmacy violations. We have worked closely with these agencies over the course of many years and are well aware how best to defend and resolve your issues.

We can defend your pharmacy practice or assist you in applying for licensure here in the State of Georgia and we work for the best effective way possible to represent you.

Are You a Physician Facing a Licensing Board Action or a Criminal Matter?

I'm Frances Cullen. If you're a physician facing a licensing board action, administrative issue or a criminal matter, Levy Pruett Cullen can leverage our more than 25 years of experience when providing you with the best legal representation possible for your case.

We are knowledgeable and experienced with the laws and rules regulating the practice of medicine and we are very well familiar with the Georgia Composite Medical Board. We therefore can guide you through a board investigative process and all of the issues you may be facing with the board matter. A board case begins with a complaint, followed by investigation, followed by board review. We know the Georgia Medical Board and were familiar with the other agencies that could take action against you. We understand the process and the potential way to resolve your case.

Are You a Healthcare Professional Seeking Licensure in Georgia?

At Levy Pruett Cullen, we have assisted numerous professionals in seeking licensure in the State of Georgia. We have represented physicians, dentists, pharmacists, nurses, psychologists, and many other health care professionals in seeking to attain a license to practice in the State, often successfully appealing a denial of licensure or assisting with initial submission of an application.

Often, applicants for licensure do not meet the requirements set forth for licensure in the State of Georgia for their particular profession, due to being educated in past years when the licensing requirements were different or their training was geared toward licensing in another state. Or an applicant may have a past criminal conviction or a licensing board case in another state that could affect or hinder their ability to gain a license here.

An applicant who does not meet the requirements set forth for licensure, who have something in their past that is potentially detrimental can still attain licensure. A careful assessment of an applicant's case and background is necessary to determine whether we could potentially overcome these issues and resolve the potential block to obtaining a license.

We understand and know the particular licensing boards and their demanding requirements. We've represented numerous applicants for licensure and helped bring the talents of many physicians, dentists, pharmacists, psychologists and nurses to the State of Georgia, and we are proud to have done so.

If you are seeking licensure in the State of Georgia and believe you may have any difficulty in obtaining your license or if you have applied for a license and been issued a denial letter by your respective licensing board, contact Levy Pruett Cullen. We may be able to work with you to help you achieve your goal of practicing your profession here in the State of Georgia.