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