3 tips for dealing with state medical board investigations

By Matt Kuhrt

When it comes to state medical board investigations, doctors would be smart to tread carefully regardless of how frivolous a complaint may seem, according to an article in Medscape.

Due to the power state medical boards wield over a practicing physician's career, and the fact that they are charged with investigating any and all complaints lodged with them, there's no such thing as taking an investigation too seriously. Moreover, Medscape reports that some boards have gotten increasingly aggressive in recent years, even as their inquiries have broadened in scope. Here's a sampling of tips the article provides for doctors who find themselves under investigation:

  • Get a lawyer. As with malpractice suits, doctors who think they've done nothing wrong and can talk their way out of a situation could be making a big mistake, according to Ronald W. Chapman, a healthcare attorney with offices in Florida and Michigan. "The investigator may not even tell the doctor specifically what he or she is looking at," he says, suggesting that physicians have a lawyer nail down the main issue in order to respond appropriately.  
  • Remember public activities count as much as professional ones. Boards don't distinguish between doctors' activities when they are off duty, according to David L. Adelson, a healthcare attorney with Kern Augustine Conroy and Schoppmann in New Jersey. Anything that reflects inappropriate behavior, from a citation for operating under the influence to an ill-considered Facebook post or tweet, could cause trouble, says Adelson.
  • Be transparent and responsive. Complaints about cloning electronic medical notes or minor billing errors may seem innocuous or annoying, but a failure to respond to an inquiry promptly and transparently "can be grounds for discipline in and of itself," according to Drew Carlson, director of communications with the Federation of State Medical Boards.

To learn more:
- read the article