While some doctors think a malpractice suit could be one of the worst things that can happen in their careers, a complaint filed with a medical board can actually have more serious and long-lasting implications, according to an article from Medscape.
For starters, adverse actions by medical boards are reported to the National Practitioner Data Bank, and their number is almost four times greater than the number of malpractice payouts that are reported, said William Sullivan, D.O., an emergency physician and attorney in Chicago.
Another key difference between malpractice suits and medical board complaints is that the latter are much easier to file, as complainants simply need to submit a form, a process that's become even easier in states that accept complaints online. No injury has to take place for a patient or colleague to file a medical board complaint against a physician, nor do complainants have to persuade an attorney to take their case.
As a result, finding oneself under a medical board's ire can be stressful, and few resources exist to help physicians through the process, Sullivan told Medscape.
However, by keeping the following insights in mind should a doctor be subject to a board complaint or investigation may keep the process from being worse than it has to be:
- Don't take an investigator's inquiry lightly. "When the investigator contacts them, most physicians don't realize that this could be the beginning of a long investigation, and their licenses could be on the line," said Ronald W. Chapman II, an attorney in Bloomfield Hills, Michigan. And while many doctors are eager to speak openly with investigators to demonstrate they have nothing to hide, the safest approach is to decline to provide a statement and contact an attorney, Chapman said.
- Evaluate the pros and cons of a hearing. Physicians may ultimately get a better deal if they push for a full hearing rather than sign a consent agreement in an informal conference, according to some attorneys, because hearings allow physicians to present evidence and confront complainants. Physicians who opt for an informal conference should still have their attorneys present because they know what the board is looking for and can often negotiate a lower penalty, or even have the charges dropped completely, according to the article.
- Seek support. When a physician's license, career and reputation are on the line, serious depression, anxiety and even thoughts of suicide become serious threats. Much like when enduring a malpractice case, physicians must seek resources and emotional support to get through the ordeal.
To learn more:
- read the article