While many physicians have the foresight to proactively protect themselves in the event of a medical malpractice suit, they are often less prepared to handle a possible medical board complaint. Not only can a medical board complaint negatively impact a physician’s income, but it can also lead to significant career damage. As such, asset protection attorney Ike Devji, JD, suggests that medical professionals pre-emptively obtain adequate coverage, especially given that patients can file a board complaint at little or no cost.
Physicians can learn more about medical board complaints from the Federation of State Medical Boards (FSMB)website. They can also educate themselves on the processes involved when patients choose to file a complaint. According to Devji, complaints can lead to many damaging outcomes, including license suspension, fines, license abrogation, and reputational harm. Ultimately, a medical board complaint may revoke a physician’s greatest asset—their ability to amass more income practicing medicine in the years ahead.
Devji encourages physicians to gain a solid understanding of their medical malpractice coverage, in the event that it does not cover medical board complaints. Specifically, physicians should know whether they have protection for board complaint defense. If they do have it, physicians should be aware of their plan’s dollar limit, as it may only cover a small amount. Physicians should also know if they have standalone coverage or if their policy shares limits with an additional policy, the latter of which may possibly lower the participant’s obtainable claim coverage amount.
Medical boards do not address complaints on a first-come, first-served basis. Rather, the FSMB notes that complaints pertaining to impending patient harm receive priority consideration. For instance, complaints pertaining to alleged sexual misconduct with patients or practicing while intoxicated take precedence over less egregious offenses. Devji offers examples of typical board complaints, such as committing diagnostic oversights, prescribing medication incorrectly, breaching physician-patient confidentiality, engaging in behavior that impedes patient care, providing poor postoperative care, and refusing to answer a hospital call requesting aid for a trauma patient.
Physicians should not underestimate the potential time and financial costs involved in the medical board complaint process. According to Devji, the duration of a case depends upon the number of steps needed to settle it. After being assessed for jurisdiction, the board decides how to prioritize a case, and then investigation ensues. Should the board determine imminent patient risk, it may choose to suspend a physician from the outset. Investigation may involve the board reaching out to relevant individuals to provide statements. Both the person who submitted the complaint, as well as the physician against whom the claim is filed, will receive formal notification of the complaint. Next, the board begins a medical review to deem whether the patient’s medical care has been compromised, after which the board makes a ruling. According to Devji, cases unresolved by the board move on to an informal hearing and then a formal hearing if still unresolved. If the board ultimately takes disciplinary action, it will be entered into public record.
