Fraud Unauthorized Physician Identity Med Spa Demand Letters
⚖️ Fraud & Unauthorized Use of Physician Identity
California demand letters for MD credential misuse, false advertising, signature stamp fraud, and post-termination name exploitation
Unauthorized Use of Physician Identity in California Med-Spas
One of the most common—and legally problematic—issues in California med-spa and aesthetic clinic disputes is the unauthorized use of a physician’s name, credentials, license number, or signature after the physician has terminated the supervisory relationship. This practice creates multiple legal violations and exposes both the med-spa operator and the facility landlord to civil liability and regulatory enforcement.
When a physician ends their affiliation with a med-spa but the business continues to use the physician’s identity in marketing, patient intake forms, or consent documents, it constitutes fraud, false advertising, and potentially criminal identity theft. Physicians whose names are misused and landlords hosting such businesses have strong legal remedies.
Why Physician Identity Misuse Is Common
- Continuity of operations: Med-spas need a supervising physician to legally offer Botox, fillers, and laser services. When the physician terminates, the business faces closure—so they simply keep using the old physician’s name.
- Patient confidence: Marketing materials featuring “Jane Smith, M.D., Medical Director” build credibility. Removing the physician’s name signals instability.
- Website/marketing costs: Businesses claim it’s “too expensive” to update websites, printed materials, and signage—a false economy given the legal exposure.
- Ignorance or willful blindness: Some operators genuinely believe using a physician’s name after termination is “no big deal” or that verbal permission suffices.
- Difficulty finding replacement physicians: Many physicians refuse med-spa supervision due to liability risks, making it hard to replace a terminated physician quickly.
Who Is Harmed by Physician Identity Misuse
| Affected Party | How They’re Harmed | Legal Remedies Available |
|---|---|---|
| Physician (whose name is misused) | Reputational damage; liability if patients injured and believe physician supervised; Medical Board complaints filed against physician | Cease-and-desist, injunction, defamation, fraud, identity theft claims, Medical Board complaint against med-spa |
| Patients | Deceived about who supervises their care; may not consent if aware of unlicensed practice; injured by unqualified providers | Medical malpractice, fraud, CLRA consumer protection claims, rescission of consent |
| Landlord / Facility Owner | Premises liability exposure; regulatory investigations; lease breach; reputational harm | Lease termination, unlawful detainer, indemnity claims, contribution from med-spa if sued |
| Replacement Physician | May unknowingly accept role while former physician’s name still used; exposed to liability for predecessor’s acts | Contract rescission, fraud claims against med-spa, indemnity |
Common Scenarios of Physician Identity Misuse
Scenario 1: Post-Termination Website Use
Physician resigns as medical director on August 1. On December 1, physician discovers the med-spa’s website still lists them as “Medical Director” with their photo and credentials. The business claims they “forgot to update the site.”
Scenario 2: Signature Stamp Fraud
Physician provides a signature stamp for chart review during the supervision period. After termination, RN staff continue using the stamp on patient consent forms and prescriptions, creating the appearance of ongoing physician involvement.
Scenario 3: Ambiguous Termination
Physician gives “30 days’ notice” but the med-spa interprets this as “continue until we find a replacement.” Physician believes supervision ended; med-spa continues using physician’s name for 6 more months while searching for a new MD.
Scenario 4: Misleading Marketing
Med-spa website no longer lists physician as “Medical Director,” but social media posts, Google Business profile, and Yelp page still feature physician’s name and credentials from months ago. Business argues they “don’t control” third-party platforms.
California Statutes Governing Physician Identity Misuse
Business & Professions Code Violations
B&P § 2052 – Unlicensed Practice of Medicine: Using a physician’s name to conduct medical procedures without that physician’s actual supervision constitutes unlicensed practice. The med-spa is “holding out” the physician as supervising when they’re not, enabling unlicensed RN/NP/PA practice.
B&P § 2261 – False Statements Re: Medical License: Making false statements regarding holding a medical license or the qualifications of a licensee is a misdemeanor. Representing that Dr. X supervises your practice when Dr. X does not is a § 2261 violation.
B&P § 2262 – False Name / Impersonation: Using another person’s name or credentials to practice medicine or represent oneself as qualified to practice is a misdemeanor. Applies when med-spa uses physician’s signature stamp or name on consent forms after termination.
B&P § 17500 – False Advertising: Advertising that is untrue or misleading regarding the nature, qualifications, or affiliation of persons providing services is unlawful. Prominently featuring a physician as “Medical Director” after their termination is false advertising, actionable by the Attorney General, district attorney, or private parties.
Civil Code – Fraud & Identity Theft
Civ. Code § 1572 – Fraud in the Inducement: Fraud consists of:
- Representation of fact (Dr. X supervises our practice)
- Falsity (Dr. X terminated months ago)
- Knowledge of falsity or reckless disregard
- Intent to induce reliance
- Justifiable reliance (patients believed Dr. X supervised)
- Damages (patients harmed or would not have consented if aware)
Med-spas using terminated physicians’ names commit fraud against patients and potentially against replacement physicians who are unaware of the ongoing misuse.
Civ. Code § 1708.7 – Interference with Professional Reputation: Courts recognize a tort for intentional interference with professional reputation. If med-spa’s misuse of physician’s name causes reputational harm (e.g., negative reviews blaming physician, Medical Board complaints), physician may recover damages.
Penal Code – Criminal Identity Theft
Penal Code § 530.5 – Identity Theft: Willfully obtaining another person’s identifying information (name, professional license number) and using it for an unlawful purpose (conducting medical practice without supervision) is identity theft.
Penal Code § 529 – False Personation: Falsely representing oneself as another person (or representing that another person is involved when they’re not) to obtain a benefit or to deceive is a misdemeanor.
Medical Board Enforcement Authority
The Medical Board of California can discipline both physicians and unlicensed persons:
- Against physicians: If physician knowingly allowed name to be used after termination, or failed to take reasonable steps to stop misuse, Board may discipline for “aiding and abetting unlicensed practice” (B&P § 2053)
- Against med-spa operators: Board can seek cease-and-desist orders, civil penalties (up to $5,000 per violation), and criminal referral for unlicensed practice
- Against facility landlords: Board rarely pursues landlords unless landlord actively participated in or facilitated unlicensed practice
Defamation & Commercial Disparagement
If med-spa’s misuse of physician’s name causes reputational harm, physician may have defamation claims:
Libel (written defamation): False statements on website, marketing materials, or patient forms that harm physician’s reputation. Example: Website states “Dr. X supervises all procedures” when Dr. X does not, and patients later leave negative reviews blaming “Dr. X” for complications.
False Light: Portraying physician in a misleading manner that would be offensive to a reasonable person. Example: Med-spa’s Instagram features Dr. X’s photo next to promotional posts for “discount Botox specials” after Dr. X terminated, creating false impression Dr. X endorses low-cost, high-volume practice.
| Statute / Claim | Who Can Bring | Remedies Available |
|---|---|---|
| B&P § 2052 (Unlicensed Practice) | Medical Board; District Attorney; Private party (injunction) | Cease-and-desist order; criminal prosecution; civil penalties; injunction |
| B&P §§ 2261, 2262 (False Credentials) | Medical Board; District Attorney | Misdemeanor conviction; fines; cease-and-desist |
| B&P § 17500 (False Advertising) | Attorney General; District Attorney; Private party (UCL) | Injunction; civil penalties; restitution; corrective advertising |
| Civ. Code § 1572 (Fraud) | Physician; Patients; Landlords | Compensatory damages; punitive damages (if malice/fraud); rescission |
| Penal Code §§ 529, 530.5 (Identity Theft) | District Attorney (criminal); Physician (civil damages under § 530.5(c)) | Criminal prosecution; civil damages (actual damages × 3, minimum $10,000); attorney’s fees |
| Defamation / False Light | Physician | Compensatory damages; presumed/punitive damages if libel per se; corrective statement |
Evidence Collection for Physician Identity Misuse Claims
Critical Evidence to Gather
Physician identity misuse cases require meticulous documentation of how and when the misuse occurred, and proof that the physician terminated the relationship.
- Termination documentation: Email, letter, or written notice from physician terminating supervision agreement; certified mail receipt if sent via mail
- Supervision agreement: Original contract showing termination provisions (e.g., “30 days’ written notice”)
- Website screenshots: Archive.org (Wayback Machine) captures showing physician’s name on website after termination date; date-stamped browser screenshots
- Social media evidence: Screenshots of Facebook, Instagram, LinkedIn, Google Business, Yelp showing physician listed as medical director after termination
- Patient intake forms: Consent forms, medical history forms bearing physician’s name or signature stamp; obtained via subpoena or patient authorization
- Marketing materials: Brochures, business cards, flyers, direct mail pieces featuring physician
- Medical Board license verification: Printout from Medical Board website showing physician not associated with med-spa’s business entity
- Witness statements: Declarations from patients, employees, or landlords confirming physician’s name was used after termination
- Communications post-termination: Emails or texts where med-spa acknowledges termination but asks physician to “let us use your name a little longer”
- Damages evidence: Medical Board complaints filed against physician; negative online reviews mentioning physician; patient injury reports
Using Web Archives for Proof
Med-spas often update their websites after receiving demand letters, then claim the physician’s name was “already removed.” Counter this by using web archives:
Archive.org Wayback Machine (web.archive.org):
- Enter med-spa’s website URL
- View historical snapshots showing physician’s name and credentials
- Take screenshots of archived pages with visible date stamps
- Save PDFs of archived pages for court exhibits
Google Cache:
- Google “cache:[website URL]” to view Google’s cached version
- Cached date appears at top of page
- Take screenshot before cache updates
Archive.is / Archive.today:
- Create your own permanent snapshot of any webpage
- Generates permanent URL that cannot be deleted
- Courts accept Archive.is snapshots as evidence
Obtaining Patient Records (Carefully)
Patient intake forms and consent documents often bear the physician’s signature stamp or name, providing strong proof of misuse. However, accessing patient records raises HIPAA and CMIA confidentiality issues:
- Physicians: If you retained patient records during your supervision period, you may review records from that time. You cannot access records created after termination without patient authorization or subpoena.
- Patients as informants: Patients who were treated after physician’s termination can voluntarily provide their own intake forms and consent documents. Ensure patient signs authorization releasing you (physician or landlord) from CMIA liability.
- Discovery in litigation: Once lawsuit filed, subpoena patient records (with patient identifiers redacted if not parties) as part of discovery
- Medical Board investigations: If Medical Board investigates, they can subpoena patient records without patient consent under B&P § 2225
Establishing Damages
To recover damages, you must prove quantifiable harm caused by the identity misuse:
| Plaintiff | Potential Damages | How to Prove |
|---|---|---|
| Physician | Reputational harm; lost income from refusing other opportunities; Medical Board defense costs; emotional distress | Expert testimony on reputational value; evidence of lost job offers; invoices for attorney’s fees defending Board complaint; medical records for emotional distress treatment |
| Patient | Medical expenses for treating injury; pain and suffering; fraud damages (return of fees paid) | Medical bills; expert testimony on causation; proof patient would not have consented if aware of unlicensed practice |
| Landlord | Premises liability defense costs; property value diminution; lost prospective tenants; regulatory investigation costs | Attorney invoices; appraisal showing property value drop; evidence of prospective tenants declining due to med-spa reputation; consultant fees for OSHA compliance audit |
Sample Demand Letters for Physician Identity Misuse
Sample 1: Physician to Med-Spa (Unauthorized Name Use)
Date: [Current Date]
To: [Med-Spa Business Name]
[Med-Spa Address]
Attn: Owner / Legal Department
From: [Physician Name], M.D.
[Physician Address]
[Phone / Email]
RE: CEASE AND DESIST – UNAUTHORIZED USE OF MY NAME AND MEDICAL CREDENTIALS
Dear [Med-Spa Owner]:
I demand that you immediately cease all use of my name, credentials, photograph, and professional identity in connection with your med-spa business.
Background: From [Start Date] through [Termination Date], I served as Medical Director for [Med-Spa Name] pursuant to a written supervision agreement. On [Termination Date], I provided written notice terminating the agreement effective [Effective Date], a copy of which is attached.
Despite this clear termination, you have continued to use my name and credentials without authorization.
Unauthorized Use Identified:
- Website: Your website at [URL] continues to list me as “Medical Director” with my photograph, credentials, and professional biography. I confirmed this via screenshots dated [Screenshot Date] (attached).
- Google Business Profile: Your Google Business listing features my name and states “Supervised by Dr. [Name].”
- Patient intake forms: I have been informed by former patients that intake forms dated [Date] (after my termination) continue to bear my name and signature stamp.
- Social media: Your Instagram account (@[handle]) features posts from [Date] identifying me as your medical director.
Legal Violations: Your unauthorized use of my identity violates:
- Business & Professions Code § 2261: False statements regarding medical qualifications and affiliations
- Business & Professions Code § 17500: False advertising of physician supervision
- Penal Code § 530.5: Identity theft—using my professional identity to conduct medical practice without my authorization
- Civil Code § 1572: Fraud—misrepresenting to patients that I supervise procedures when I do not
- Right of publicity (Civ. Code § 3344): Commercial use of my name, photograph, and likeness without consent
Harm to My Professional Reputation: Your continued misuse of my identity exposes me to:
- Medical malpractice liability if patients are injured and believe I supervised their care
- Medical Board complaints (patients file complaints against me thinking I’m still affiliated)
- Reputational damage (negative online reviews mentioning my name for procedures I did not supervise)
- Loss of professional opportunities (other practices refusing to hire me due to association with your business practices)
IMMEDIATE DEMANDS: Within 7 days of this letter, you must:
- Remove my name, photograph, and credentials from all websites, social media, Google Business, Yelp, and any other online platforms.
- Cease using my signature stamp on any documents. Destroy all copies of my signature stamp and provide written confirmation.
- Notify all active patients in writing that I am no longer affiliated with your practice and that I do not supervise any current procedures.
- Provide written confirmation that you have completed the above actions and will not use my identity in the future.
Consequences of Non-Compliance: If you fail to comply within 7 days, I will pursue all available legal remedies, including:
- Preliminary injunction: Court order prohibiting further use of my identity
- Civil lawsuit: Fraud, identity theft, false advertising, defamation, and right-of-publicity claims; seeking compensatory and punitive damages
- Statutory damages: Civil Code § 3344 (right of publicity) provides $750 minimum or actual damages, whichever is greater, plus attorney’s fees; Penal Code § 530.5 (identity theft) provides treble damages with $10,000 minimum
- Medical Board complaint: Reporting unlicensed practice and misuse of physician credentials to the Medical Board of California
- Attorney General complaint: False advertising complaint under B&P § 17500
- Criminal complaint: Referral to District Attorney for investigation of Penal Code §§ 529, 530.5 violations
I am not making threats—I am documenting the legal violations and my intent to pursue all remedies if you do not cease immediately. I have retained legal counsel and am prepared to act.
Confirm compliance in writing to the address above within 7 days.
Sincerely,
[Physician Name], M.D.
California Medical License No. [XXXXX]
Enclosures: Termination letter dated [Date]; website screenshots; Google Business screenshot
Sample 2: Landlord to Tenant (Identity Misuse Creating Premises Liability)
Date: [Current Date]
To: [Tenant Med-Spa Name]
[Suite Address]
Attn: [Owner]
From: [Landlord Name / Property Management]
[Address]
RE: NOTICE OF LEASE BREACH – FRAUDULENT MISREPRESENTATION OF MEDICAL DIRECTOR
Dear [Tenant]:
This letter constitutes notice of material breach of your Lease Agreement and demands immediate corrective action to prevent unlawful medical practice in our facility.
Discovery of Fraud: On [Date], we received a letter from Dr. [Name], a copy of which is attached. Dr. [Name] informed us that he terminated his Medical Director relationship with your business effective [Termination Date], yet your business continues to use his name and credentials in marketing and patient materials.
We verified Dr. [Name]’s claim:
- Your website ([URL]) lists Dr. [Name] as Medical Director (screenshot attached, dated [Date])
- Medical Board license verification (attached) shows Dr. [Name] not associated with your business entity
- Dr. [Name] provided us with his termination notice dated [Date] (attached)
Legal Violations & Lease Breach: Your unauthorized use of Dr. [Name]’s identity violates:
- Lease Section [X] – Compliance with Laws: “Tenant shall operate in compliance with all federal, state, and local laws.” Your misrepresentation of Dr. [Name] violates B&P §§ 2052, 2261, 17500.
- Lease Section [Y] – Proof of Supervision: “Tenant shall provide documentation of supervising physician upon Landlord’s request.” You cannot provide valid documentation because Dr. [Name] is not supervising.
- Lease Section [Z] – Misrepresentation: Your application for tenancy represented that Dr. [Name] supervised your operations—a material inducement for our leasing decision. This representation is now false.
Landlord Liability Exposure: Your fraudulent misrepresentation creates substantial liability for us:
- Premises liability: If patients are injured by unlicensed practice in our facility, we may be liable under Civil Code § 1714
- Medical Board investigation: Dr. [Name] indicated he may file a Medical Board complaint if you do not cease; such complaints often expand to investigate facility owners
- Reputational harm: Operating a facility that houses unlicensed medical practice damages our property value and ability to attract quality tenants
REQUIRED CORRECTIVE ACTIONS (within 5 days):
- Immediately cease all medical procedures (Botox, fillers, lasers) until you secure lawful physician supervision.
- Remove Dr. [Name]’s identity from all marketing materials, websites, intake forms, and signage.
- Provide documentation of new supervising physician, including:
- Signed supervision agreement
- Physician’s active California medical license
- Compliant standardized procedures (CCR Title 16, § 1379)
- Proof of malpractice insurance covering new physician
Consequences of Non-Compliance: Failure to comply within 5 days will result in:
- Three-Day Notice to Cure or Quit for material breach
- Unlawful detainer action seeking immediate possession and damages
- We will evaluate our obligation to report suspected unlicensed practice to the Medical Board of California to prevent ongoing patient harm. This is not a threat—it is a statement of our legal duty as facility operators when we have knowledge of unlicensed medical activity.
- Pursuit of indemnity from you for any premises liability claims arising from your fraudulent operations
Contact me immediately at [phone/email] to discuss your compliance plan.
Sincerely,
[Landlord Name]
[Title]
Enclosures: Dr. [Name]’s letter to landlord; website screenshot; Medical Board verification; Lease Sections [X, Y, Z]
Remedies & Damages for Physician Identity Misuse
Injunctive Relief
For physicians, the most urgent remedy is stopping the ongoing misuse of their identity. A preliminary injunction can be obtained before trial if you prove:
- Likelihood of success on the merits: Clear evidence of unauthorized use after termination
- Irreparable harm: Continuing misuse causes reputational damage that cannot be compensated by money damages
- Balance of hardships: Harm to physician (liability exposure, reputation) outweighs harm to med-spa (must update marketing)
- Public interest: Preventing patient deception and unlicensed practice serves public interest
Courts typically grant injunctions in identity theft cases because reputational harm is inherently irreparable.
Monetary Damages
| Claim | Available Damages | Proof Required |
|---|---|---|
| Fraud (Civ. Code § 1572) | Actual damages (lost income, defense costs, treatment for emotional distress); punitive damages if fraud was malicious or oppressive | Evidence of financial harm; expert testimony on reputational value; medical records for emotional distress |
| Identity Theft (Penal Code § 530.5(c)) | Treble damages (actual damages × 3); minimum $10,000; attorney’s fees and costs | Proof of unauthorized use of identifying information (name, license number); nexus to unlawful purpose |
| Right of Publicity (Civ. Code § 3344) | Greater of $750 or actual damages; attorney’s fees; profits from unauthorized use | Commercial use of name, photograph, or likeness; lack of consent |
| Defamation / False Light | Presumed damages (if libel per se); actual damages; punitive damages if malice | False statement published to third parties; reputational harm; falsity |
| Breach of Contract | Damages caused by breach (if supervision agreement prohibited post-term use) | Contract provision; breach; causation; damages |
Attorney’s Fees Recovery
Unlike most civil litigation, several statutes provide for attorney’s fees recovery in identity theft cases:
- Penal Code § 530.5(c): “Reasonable attorney’s fees” recoverable in civil identity theft actions
- Civil Code § 3344(a): Attorney’s fees recoverable in right-of-publicity claims
- Fraud with malice: Attorney’s fees may be awarded as part of punitive damages calculation
This makes identity misuse cases economically viable even for modest damages—attorney can pursue on contingency knowing fees are recoverable.
Punitive Damages
California allows punitive damages when defendant acted with “malice, oppression, or fraud” (Civ. Code § 3294). In identity misuse cases, punitive damages are available when:
- Med-spa knowingly continued using physician’s name after receiving termination notice
- Med-spa received cease-and-desist letter but ignored it or made token changes while continuing misuse
- Med-spa actively concealed misuse (e.g., removing physician from website but continuing on intake forms)
- Pattern of conduct—med-spa has misused multiple physicians’ names over time
Punitive damages in identity theft cases often range from 2× to 9× compensatory damages, depending on defendant’s wealth and egregiousness of conduct.
Criminal Prosecution
While rarely pursued, criminal charges for identity theft (Penal Code § 530.5) or false personation (Penal Code § 529) are misdemeanors punishable by up to 1 year in county jail and fines up to $10,000.
To trigger criminal investigation, physician or landlord can file a private criminal complaint with the District Attorney’s office. Include:
- Police report (file with local police; they may decline to investigate but will generate a report number)
- Evidence package (termination letter, website screenshots, patient intake forms)
- Cover letter to DA explaining patient harm or public safety risk
DA will evaluate whether to prosecute based on severity of harm, number of patients affected, and defendant’s criminal history.
Attorney Services for Physician Identity Misuse Claims
Physician identity misuse cases involve specialized knowledge of healthcare licensing law, identity theft statutes, and fraud litigation. DIY cease-and-desist letters often fail because they’re either too aggressive (triggering extortion defenses) or too weak (inviting continued misuse).
How I Can Help
I represent California physicians, medical facility owners, and landlords in identity misuse disputes. My practice focuses on rapid injunctive relief, fraud litigation, and Medical Board coordination to stop unauthorized use and recover damages.
- Cease-and-desist drafting: Legally enforceable demands that document violations without overreach
- Evidence collection: Web archiving, CMIA-compliant patient record subpoenas, witness declarations
- Preliminary injunction: Emergency court orders halting misuse within days
- Fraud litigation: Civil lawsuits for compensatory, statutory, and punitive damages
- Medical Board complaints: Drafting and filing Board complaints against med-spas; representing physicians in defensive Board actions if falsely accused
- Criminal complaint coordination: Filing private criminal complaints with District Attorney; providing evidence for prosecution
- Settlement negotiation: Securing payment, corrective advertising, and permanent injunctions
Why Specialized Counsel Matters
- Healthcare regulatory knowledge: Understanding Medical Board enforcement, B&P statutes, and CPOM doctrine
- Identity theft litigation: Expertise in Penal Code § 530.5 civil claims, which many attorneys overlook
- Injunction practice: Track record obtaining TROs and preliminary injunctions in intellectual property and identity cases
- Damages calculation: Expert witnesses on reputational harm; econometric models for lost income; psychological experts for emotional distress
- Contingency viability: Knowledge of fee-shifting statutes (§ 530.5, § 3344) that make contingency representation economically feasible
Typical Case Timeline
Week 1-2: Cease-and-Desist
Draft and send demand letter; gather initial evidence (web archives, termination docs); set 7-day deadline for compliance.
Week 3-4: Injunction Filing (if no compliance)
File complaint and motion for preliminary injunction; serve defendant; hearing within 14-21 days; often obtain TRO immediately.
Month 2-4: Discovery
Subpoena patient records (redacted); depose med-spa owner and staff; obtain advertising budgets and revenue figures; expert witness on reputational harm.
Month 5-8: Settlement or Trial
Most cases settle after injunction granted—defendant realizes they’ll lose and wants to avoid punitive damages. If trial, typically 1-2 days for bench trial on damages.
Submit Your Case for Review
Unauthorized use of your professional identity is not a minor nuisance—it’s fraud, identity theft, and a direct threat to your reputation and license. I have successfully obtained injunctions and damages for physicians whose names were misused, and defended landlords against premises liability stemming from tenant fraud.
Send me your termination documentation, screenshots of ongoing misuse, and any communications with the med-spa. I’ll evaluate your claims and outline an enforcement strategy, including whether injunctive relief is appropriate.
Contingency representation available for physicians. No upfront fees; I recover from defendant via statutory fees (Penal Code § 530.5, Civil Code § 3344). Landlords typically hourly or flat-fee for demand letter ($2,500-$5,000). Free initial case evaluation.