what happens when medical board sends it to attorney general

Once a matter is referred for investigation a whole different process applies. Medical Board investigations are supervised by the Attorney General’s Office and conducted by peace officer investigators.

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Can doctors defend themselves in licensing board proceedings?

 · Medical Board investigations are supervised by the Attorney General’s Office and conducted by peace officer investigators. The initial step in a formal Medical Board investigation is most often a physician interview conducted by the investigator with a medical consultant (physician). Counsel should always be present.

Are medical board complaints worth the paper they are written on?

Several of the Boards are required to investigate every complaint, no matter how frivolous it may seem. In general, the Board will initially send the subject healthcare provider a letter requesting information and medical records. The time limit to respond …

Can a medical board investigation be dismissed?

While an Accusation by the Medical Board is incredibly serious, you may be able to resolve the matter in a more favorable manner by working with a compassionate, knowledgeable lawyer. At the Law Office of Nicole Irmer, our medical license defense lawyers are dedicated to helping medical professionals who are facing complaints and Accusations. From the initial request for …

How do you write a letter to the Board of Physicians?

 · Medical Board Complaint Case Study 1: Doctor’s Case Shredded by His Own Records. A doctor receives a patient complaint. The doctor recognizes the patient propelling the complaint and knows the patient has many unpaid bills. The complaint alleges you have routinely billed him for visits/treatments that never transpired.

How many complaints does the Medical Board of California receive?

Each year, the Medical Board of California (MBC) receives more than 8,000 complaints about physicians and surgeons licensed to practice in the state. As part of its authority over doctors, the Board investigates these complaints. If it finds that there is a basis for the complaint, it may result in a formal Accusation being filed against the physician in question.

Where to send notice of defense?

Additionally, you can present new information that may not have been included in the Accusation to help your defense. The notice should be mailed to the Discipline Coordination Unit, 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815-3831.

What is a hearing in a court case?

The hearing is an administrative proceeding that is presided over by an Administrative Law Judge and is formatted much like a court trial. The Judge will propose a decision after they have heard all of the facts and arguments, and the decision is reviewed by a panel of the Boar. The panel can adopt, modify, or reject the proposed decision and they ultimately will make the final decision on the appropriate disciplinary action.

What happens if you respond to an accusation?

Once you’ve responded to the Accusation, you will be scheduled for a hearing. Hearings are deemed public, and the information discussed during your hearing could be disclosed to the public. There are exceptions to what is available to the public like warning letters, professional competency examinations, and continuing education activities. or other matters made confidential or privileged by existing law,

How long do you have to file a notice of defense?

As an initial matter, you should check the Accusation to find the date of the proof of service. You have 15 days from this date to file a “Notice of Defense.” Doing this serves two purposes: (1) acknowledging your receipt of the Accusation and (2) providing notice of your intent to defend yourself against the allegations. Typically, the Notice of Defense form is included with the Accusation packet you will receive from the Attorney General’s office.

What is an accusation in medical?

The Accusation will list all of the charges and/or sections of the law that the physician allegedly violated. These charges and/or violations form the basis of disciplinary action. Once a formal Accusation has been filed, a doctor may be facing penalties that range from a public reprimand, probation, suspension or even revocation of their license.

What to do if you receive a complaint from the CCU?

If you receive a phone call or letter about a complaint, you should contact an attorney immediately . If it appears that a violation may have occurred, the CCU will refer the matter to the Board’s District Office for further investigation.

What does a medical board complaint feel like?

A Board complaint can feel like a bolt of lightning. But there is one key difference: Medical Board complaints don’t fall from the heavens. They seem to rise from the depths of hell.

What does it mean when a doctor receives a complaint?

A doctor receives a patient complaint. The doctor recognizes the patient propelling the complaint and knows the patient has many unpaid bills. The complaint alleges you have routinely billed him for visits/treatments that never transpired. You know your own records can vindicate you. You assemble these records and share them with the entity investigating the complaint, confident your own “bullet-proof” record keeping protocols will quickly end this farce.

What is the trap of the doctor?

The trap: The doctor has, without evidence, convinced himself a tight-lipped approach will protect his best interests…

What does "pretend a patient has propelled a complaint against you" mean?

Pretend a patient has propelled a complaint against you. The complaint specifies an egregious error in the prescription you wrote. Disaster was only averted because the pharmacist recognized the mistake. You know the mistake could easily be characterized as negligence. Your lawyer insists you be honest about this matter, and you agree. He also suggests you volunteer to complete training specific to record-keeping. You can see his point, but fear volunteering for this kind of training is an admission of incompetence.

What is the complaint against a doctor?

A patient propels a Board complaint against a doctor. The complaint states the doctor accosted a patient with vulgar and sexually explicit language. The doctor supplies a response, and the Board responds by requesting the doctor appear for an interview. The doctor does so, and perceives the entity hosting the interview is “on his side.” Emboldened by the perceived sympathy, the doctor describes the complaining patient as “unhinged”, “hysterical” and a “crazed nut.”

Do solutions and best practices exist?

The good news: Solutions and best practices do exist.

What to do if you receive a letter from a medical board?

If you receive a letter from your state medical board (Board), MagMutual recommends you do the following: Treat any correspondence regarding a complaint or an inquiry from the Board as a serious matter. Remember, you have devoted a great deal of time and effort to obtain your medical license.

What is a medical board?

State medical boards were created to license and regulate the practice of medicine for a particular state. They are also responsible for responding to formal complaints against physicians, and other medical professionals regulated by those boards. Not all complaints that medical boards receive warrant formal investigations, but some do. In the event you receive a letter from your state medical board, it is important that you respond appropriately and in a timely manner.

Can you alter medical records?

DO NOT alter, add to, or destroy any medical records, particularly those that may have been requested by the Board. These actions are grounds for discipline. Prepare for the interview. If an interview is requested, it is crucial that you prepare well ahead of time.

What happens to Doctor B in Doctor A?

Unfortunately, Doctor B receives a summons to appear for an interview. He continues through the process without the help of legal counsel and winds up with a suspended medical license.

What is the best way to resolve a board inquiry?

Although Board processes may vary from state to state, timely and careful preparation, along with the guidance of a skilled and knowledgeable attorney, will allow you to achieve the best resolution to any board inquiry.

Does the information provided in this resource constitute legal, medical or any other professional advice?

The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.

What Leads Up to a Request for an Interview?

As an initial matter, it is important to understand that the Medical Board rarely contacts a physician unless there is a problem, such as a complaint filed against them. These complaints can come from any number of sources, such as a patient or their family member, a colleague, a pharmacy, or even an employer.

What Happens Next?

If you have been asked to speak with a Board Investigator informally or to submit to an interview with the Board, you should contact a lawyer immediately. Speaking with a representative of the Board without preparation or representation is a significant error that may impact the final resolution of your case.

What Should You Do If You Get a Request for an Interview from the Medical Board?

If you receive a request for an interview from a Medical Board Investigator, you should contact a California healthcare license defense attorney immediately. Regardless of whether the request is made formally or informally, an interview request is a serious matter that may impact your ability to practice medicine.

What happens when a physician receives a complaint from a licensing board?

Upon receiving a licensing board complaint, physicians often dismiss the allegations (regardless of merit) as frivolous, groundless, or the fabrications of a delusional patient. Or, they go into denial mode, pretending nothing has happened. Physicians may be outraged at being wrongly accused of unprofessional conduct.

Who can file a medical board complaint?

Licensing board complaints may be filed by patients, their family members, other health care providers, employees, or anyone who interacts with a physician. Increasing awareness of this fact, aided by consumer groups and state laws that require posting patients’ rights in waiting rooms, has led to more medical board complaints being filed and sanctions being imposed. Disciplinary action can include:

Can a doctor lose his license?

Revising or destroying records is perhaps the easiest way for physicians to lose their license. Under no circumstances should a health care provider ever hide, alter, or destroy a medical record even if he or she believes such an alteration would make the record more accurate.

Do things happen as they should in medicine?

In medicine, as in everything else, things do not always happen as they should. In some cases, a frank acknowledgment that a mistake was made, an apology or an expression of remorse, and a promise to do better next time is the best response. In most cases, however, the issue of fault is not clear.

What is the action step in a physician's narrative response?

Action Step A physician’s narrative response should address each allegation or charge made in the complaint. Otherwise, the board may infer that the allegation or charge is true. Conversely, a physician’s narrative response should involve no more than is necessary to address each allegation and the board’s stated concerns.

Can a physician respond to a complaint?

Often, a physician’s written response will address some, but not all, of the charges made in a patient’s complaint. While the response should be no longer than necessary, it is a mistake to ignore an allegation or assume the board will, on its own, deem a charge so lacking in merit that it does not warrant even a denial by the responding physician.

What is the first reaction to a complaint?

A physician’s first reaction to a complaint may be to respond angrily or emotionally either as a result of righteous indignation or fear about the effects such a complaint may have on the practice. Another reaction may involve blaming other health care providers for less than optimal outcomes or for getting the physician involved in a complaint.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What to do if a lawsuit is commenced?

If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.

What are the gray areas of a patient?

They also described "gray areas," such as violating a patient's confidentiality; using derogatory speech toward patients; showing alcohol use, with or without intoxication; and providing clinical narratives that didn't violate a patient's confidentiality.

How many doctors were disciplined in 2012?

The Federation of State Medical Boards (FSMB) told Medscape that of 878,194 actively licensed physicians nationwide in 2012, a total of 4479 (fewer than 1%) were disciplined. Still, the consequences of such action are substantial and may involve loss of licensure, livelihood, and profession.