medical board investigations are increasing attorneys claim by floyd arthur (ppt)
TRANSCRIPT
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Medical Board
Investigations Are
Increasing, Attorneys
Claim
By Floyd Arthur
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Malpractice lawsuits are
a major concern for most
physicians, but medical
board
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investigations are more
common and more
dangerous, says a recent
Medscape report.
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Medical boards are
required by law to
investigate every
complaint against a
physician,
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no matter how frivolous
they appear. These
investigations can lead to
new allegations,
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many of them unrelated
to the initial complaint.
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Nor are medical board
investigations limited
only to a doctor’s
professional judgement
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and patient care.
Although most
investigations center
around standard-of-care
issues
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and allegations of
negligence, any
physician behavior can
be fuel for the fire. “A
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Facebook post or a
YouTube video depicting
you acting
inappropriately can lead
to an
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investigation” says David
L. Adelson, a healthcare
attorney in Bridgewater,
New Jersey,
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in an interview with
Medscape.
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Medicals boards have
sweeping powers, which -
- according to some
attorneys -- they
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sometimes abuse. They
can suspend a doctor’s
license without a hearing
as they review a
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case, for example, or they
can subpoena multiple
patient records without
divulging why.
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Even when the
subpoenaed records
don’t support the initial
claim, problems can arise
if
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other issues are found. If,
for example, the
physician's record
keeping is sloppy or he is
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out of compliance with
informed-consent laws,
new charges may result.
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More Complaints Lead to
More Investigations
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The process of filing a
complaint with a state
medical board has
become easier in recent
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years because
complainants in many
states can file online.
Oklahoma, for example,
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instituted an online
system in 2013, and the
number of complaints
received increased
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40 percent in two years.
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Online complaints also
tend to be more frivolous,
according to Jeffrey Lane,
a former
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investigator with the
Georgia state medical
board. “Patients can just
fire up the
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computer and send in
complaints that don't
meet the board criteria,”
such as long wait
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times or unhelpful staff.
Many of these complaints
are triaged out of the
system, but
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some lead to
investigations, he says.
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Even minor complaints
can have serious
consequences, attorneys
claim.. In a 2012 case
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involving a 72 year-old
Michigan neurologist
accused of acting rudely
to a patient, the
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board forced the doctor
to attend classes in
medical ethics,
boundaries and patient
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communication, and
reported its findings in a
press release. The
physician’s crime? He
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tossed a box of tissues at
a distraught adolescent
and told him to stop
crying, he says.
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Even more concerning
than sanctions for minor
infractions, perhaps, is
the fact that
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serious allegations are
often overlooked. In 2013,
the Michigan state
medical board
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revoked the license of Dr.
Farid Fata after finding
that he was giving
chemotherapy to
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healthy patients in order
to pad their bills. The
case was highly
publicized, but little
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mention was given to the
fact that the board had
received a complaint
from a nurse
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about Dr. Fata’s actions
three years earlier and
failed to act. In fact, the
investigation
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that led to to revocation
of Fata’s license arose not
from the state medical
board, but
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from a federal whistle
blower complaint.
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How To Respond to a
Medical Board
Investigation
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Most experts agree that
the worst thing a
physician can do when
they are notified of a
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medical board
investigation is nothing.
No matter how
insignificant the
allegation may
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seem, it is important to
respond.
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Typically, the board will
send a letter notifying the
doctor of the complaint
and
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requesting the medical
records of the patient(s)
involved. At that point, it’s
a good idea
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to contact a law firm that
specializes in these
complaints, says
healthcare
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attorney Ronald W.
Chapman. An
experienced attorney will
have a good idea of what
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the board is looking for,
and can contact them on
your behalf.
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The investigator may also
request an “informal”
meeting at an unofficial
location, such
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as a restaurant or coffee
shop. Although many
doctors want to respond
to this request --
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just to “clear the air” --
showing up without
representation is usually
a mistake,
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Chapman warns. “The
investigator will take
notes of the meeting,
which can be used
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against you. If you hire an
attorney, he or she will
contact the investigator
and try to pin
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down the specific issue
so that you can provide a
stronger written
response."
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Of course, hiring an
attorney can be an
expensive proposition,
but many malpractice
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insurance policies cover
the cost of
representation in
medical board
complaints. What’s
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more, failing to respond
appropriately to a
medical board
investigation can have
far-
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reaching effects. If the
investigation ends with
any form of discipline, it
can impact your
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hospital privileges, the
insurers you can
participate with and your
licensure in other states.
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At the Physician Guard,
we work with you to
develop risk
management strategies
that
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help protect you against
allegations of
wrongdoing, no matter
where they arise. We also
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offer a wide array of
insurance products to
protect you in the event
you are investigated
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or sued. Contact us at
516-292-3780 for a free
risk management
consultation, or, if you
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prefer, contact us online
and we’ll get back to you
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