It’s no secret that the job of physicians and medical providers can be incredibly stressful. Not only do you hold the health, and sometimes lives, of others in your hand, but you need to ensure that you are working within the bounds of the law. That’s why discovering you are charged with medical battery can be incredibly overwhelming. The following blog explores what warrants this charge, the penalties you can face, and why it’s imperative to connect with an Oklahoma City felony defense lawyer as soon as possible.

What Is Medical Battery?

In Oklahoma, medical battery is very different from traditional battery charges. There are four elements to a medical battery charge:

  • You are found practicing medicine, including dentistry, surgery, or osteopathic medicine, without a license
  • The treatment violates the laws in place, which has resulted in the victim suffering permanent injury or disfigurement
  • The victim only consented to the treatment offered because they believed you were licensed and authorized to provide care
  • You knew that you did not have the necessary licenses and therefore knew you were violating the law

It’s important to note that this is not the same as medical malpractice, which occurs when a doctor is unknowingly negligent. Medical battery is the willful disregard of the law, as it’s assumed you know not to practice medicine as you do not have a license.

What Consequences Can I Face if Charged?

If you are charged with medical battery, the consequences you can face upon conviction are intense. This charge will result in a felony charge, carrying a minimum of one but up to four years in prison and a $5,000 fine. Additionally, you will be ordered to pay restitution to the victim. However, this amount will be left to the court’s discretion.

It’s also important to note that if your license was suspended or revoked, and you are in the appeals process, a medical battery charge almost guarantees that you will not get your license to practice medicine reinstated.

What Should I Do if I’m Arrested?

If you’re arrested and charged with medical battery, it’s imperative to do everything in your power to protect yourself. Generally, the most important thing you can do is invoke your constitutional right to remain silent. Unfortunately, many assume they can plead their innocence to the arresting officers. However, all this does is increase the likelihood of saying something that hurts your case. You have the right under the Fifth Amendment to remain silent during an arrest. Additionally, you have the right to ask for an attorney.

As you can see, there are many considerations you’ll need to make when charged with medical battery. However, none are as impactful as ensuring you work with the right attorney. At the Jones Firm, PLLC, we understand how overwhelming these matters can be, especially if your livelihood is on the line. That’s why we’re here to examine the circumstances of your case to determine the best course of action for your situation. Contact us today to learn more.