Having worked long and hard to complete medical school and develop a healthcare practice, it is understandably upsetting and stressful to receive notice of a professional complaint and investigation. A provider’s ability to practice, professional reputation and livelihood are dependent on maintaining a license to practice and professional discipline can put all of that in jeopardy. An experienced healthcare lawyer can explain process, help protect your interests, and help you achieve a favorable outcome, given your particular circumstances.
Here, we address a few questions frequently asked by clients.
FAQ: When Should I Seek Legal Advice?
Obtaining legal counsel as early as possible can help you understand the process, protect your rights, and help you try to achieve the outcome you want. An experienced healthcare lawyer can help you navigate the process, evaluate your case, and assist you in presenting your case in the best possible light. An attorney can also help you evaluate the pros and cons of different resolutions and explain some of the potential collateral consequences of disciplinary action.
FAQ: But the Complaint Seems Simple or Benign. Can I Just Respond on My Own?
Providers are not required to have a lawyer and have the right to handle investigations themselves. But this is an administrative process with high stakes. It is not a simple, straightforward, informal matter among colleagues. The Board/government has lawyers advising it and providers are often well-served with experienced legal counsel. Even if the complaint seems bogus or the allegations unfair, a provider’s initial response can be crucial to a favorable outcome.
FAQ: I Did Nothing Wrong, Do I Really Need to Worry
It is generally a good idea to be prudent and careful. Even if you are confident that you did nothing wrong, sound legal advice can be vital to understanding the process and achieving a favorable outcome. When evaluating a complaint, Boards may not confine themselves to the allegations in the complaint. If they see anything else of concern – poor record keeping, scope of practice issues, potential boundary concerns – they may evaluate that conduct as well. So even if the Board does not find merit in the allegations stated in the complaint, they can still identify concerns, which can lead to a more significant process or disciplinary action. Some clients believe they can just explain their position and convince the Board that they did not do anything wrong, or if they did, that it was minor or did not cause any harm. In our experience, a thorough, persuasive response can be effective and may be the best chance for a good outcome.
FAQ: I Saw That Dr. X Had a Worse Case and Better Outcome
Some clients get stuck on this particular loop. It can be tempting, and understandable, to try to evaluate your case based on other results. But each case is evaluated on its own merits and depends on many factors, including the healthcare provider, his history and practice, his response to the Board, the nature of the allegations, etc. While it might be helpful to understand the range of potential outcomes or a general understanding of previous outcomes, it is not possible to determine your own fate by looking at other cases and their outcomes and trying to analyze your case by comparison. Typically, time and energy might be better spent evaluating your case and presenting it to the Board.
FAQ: Should I Meet with an Investigator/Respond On My Own
It is your right to handle your own case and you are not required to have a lawyer. But as a general practice, it might be prudent to obtain legal counsel before agreeing to provide information or submit to an interview. When facing an investigation, it is important to know what mistakes to avoid, how to best present your case, and how to protect your interests, including your reputation and career.
Practicing healthcare is a stressful, complex, demanding undertaking. Your professional career and livelihood are dependent on your license and ability to practice. Do not allow a misunderstanding, lapse in judgment, or poor presentation and response to put your future in jeopardy.
