Medical board investigations are increasing attorneys claim by Floyd Arthur (PPT) http://carmoongroup.com

1. Medical Board
Investigations Are
Increasing, Attorneys
Claim
By Floyd Arthur

2. Malpractice lawsuits are
a major concern for most
physicians, but medical
board

3. investigations are more
common and more
dangerous, says a recent
Medscape report.

4. Medical boards are
required by law to
investigate every
complaint against a
physician,

5. no matter how frivolous
they appear. These
investigations can lead to
new allegations,

6. many of them unrelated
to the initial complaint.

7. Nor are medical board
investigations limited
only to a doctor’s
professional judgement

8. and patient care.
Although most
investigations center
around standard-of-care
issues

9. and allegations of
negligence, any
physician behavior can
be fuel for the fire. “A

10. Facebook post or a
YouTube video depicting
you acting
inappropriately can lead
to an

11. investigation” says David
L. Adelson, a healthcare
attorney in Bridgewater,
New Jersey,

12. in an interview with
Medscape.

13. Medicals boards have
sweeping powers, which -
- according to some
attorneys -- they

14. sometimes abuse. They
can suspend a doctor’s
license without a hearing
as they review a

15. case, for example, or they
can subpoena multiple
patient records without
divulging why.

16. Even when the
subpoenaed records
don’t support the initial
claim, problems can arise
if

17. other issues are found. If,
for example, the
physician's record
keeping is sloppy or he is

18. out of compliance with
informed-consent laws,
new charges may result.

19. More Complaints Lead to
More Investigations

20. The process of filing a
complaint with a state
medical board has
become easier in recent

21. years because
complainants in many
states can file online.
Oklahoma, for example,

22. instituted an online
system in 2013, and the
number of complaints
received increased

23. 40 percent in two years.

24. Online complaints also
tend to be more frivolous,
according to Jeffrey Lane,
a former

25. investigator with the
Georgia state medical
board. “Patients can just
fire up the

26. computer and send in
complaints that don't
meet the board criteria,”
such as long wait

27. times or unhelpful staff.
Many of these complaints
are triaged out of the
system, but

28. some lead to
investigations, he says.

29. Even minor complaints
can have serious
consequences, attorneys
claim.. In a 2012 case

30. involving a 72 year-old
Michigan neurologist
accused of acting rudely
to a patient, the

31. board forced the doctor
to attend classes in
medical ethics,
boundaries and patient

32. communication, and
reported its findings in a
press release. The
physician’s crime? He

33. tossed a box of tissues at
a distraught adolescent
and told him to stop
crying, he says.

34. Even more concerning
than sanctions for minor
infractions, perhaps, is
the fact that

35. serious allegations are
often overlooked. In 2013,
the Michigan state
medical board

36. revoked the license of Dr.
Farid Fata after finding
that he was giving
chemotherapy to

37. healthy patients in order
to pad their bills. The
case was highly
publicized, but little

38. mention was given to the
fact that the board had
received a complaint
from a nurse

39. about Dr. Fata’s actions
three years earlier and
failed to act. In fact, the
investigation

40. that led to to revocation
of Fata’s license arose not
from the state medical
board, but

41. from a federal whistle
blower complaint.

42. How To Respond to a
Medical Board
Investigation

43. Most experts agree that
the worst thing a
physician can do when
they are notified of a

44. medical board
investigation is nothing.
No matter how
insignificant the
allegation may

45. seem, it is important to
respond.

46. Typically, the board will
send a letter notifying the
doctor of the complaint
and

47. requesting the medical
records of the patient(s)
involved. At that point, it’s
a good idea

48. to contact a law firm that
specializes in these
complaints, says
healthcare

49. attorney Ronald W.
Chapman. An
experienced attorney will
have a good idea of what

50. the board is looking for,
and can contact them on
your behalf.

51. The investigator may also
request an “informal”
meeting at an unofficial
location, such

52. as a restaurant or coffee
shop. Although many
doctors want to respond
to this request --

53. just to “clear the air” --
showing up without
representation is usually
a mistake,

54. Chapman warns. “The
investigator will take
notes of the meeting,
which can be used

55. against you. If you hire an
attorney, he or she will
contact the investigator
and try to pin

56. down the specific issue
so that you can provide a
stronger written
response."

57. Of course, hiring an
attorney can be an
expensive proposition,
but many malpractice

58. insurance policies cover
the cost of
representation in
medical board
complaints. What’s

59. more, failing to respond
appropriately to a
medical board
investigation can have
far-

60. reaching effects. If the
investigation ends with
any form of discipline, it
can impact your

61. hospital privileges, the
insurers you can
participate with and your
licensure in other states.

62. At the Physician Guard,
we work with you to
develop risk
management strategies
that

63. help protect you against
allegations of
wrongdoing, no matter
where they arise. We also

64. offer a wide array of
insurance products to
protect you in the event
you are investigated

65. or sued. Contact us at
516-292-3780 for a free
risk management
consultation, or, if you

66. prefer, contact us online
and we’ll get back to you
right away.

67. Visit
www.Carmoongroup.com
for FREE 30-Minute
Consultation!