While both can significantly affect your career and reputation, medical board disciplinary actions and medical malpractice claims involve different legal standards, processes, and outcomes. Understanding the difference between these two types of actions is the first step in protecting your license and livelihood.
Following legal regulations can help mitigate legal claims for physicians and other healthcare providers. But in the event of missteps, it is important to proactively consult a healthcare lawyer to understand disciplinary consequences and how to best respond to such actions.
A medical board action is a disciplinary measure taken by your state’s medical board after an investigation into potential violations of the Medical Practice Act or other professional standards.
These actions can be triggered by:
Once a complaint is filed, the medical board may investigate, hold a formal hearing, and issue a Board Order outlining disciplinary actions. These may range from mandatory education courses to license suspension or revocation.
A medical malpractice claim, by contrast, is a civil lawsuit typically brought by a patient (or their representative) who alleges that a provider’s negligent care caused harm.
These claims focus on whether the provider met the accepted standard of care under the circumstances. Even if a physician acted in good faith, a patient may still file a claim if they feel they were harmed by a medical error, misdiagnosis, or delayed treatment.
In many cases, malpractice claims are resolved by the provider’s malpractice insurance carrier, sometimes through settlement, even if the physician disputes the claim.
Too often, healthcare providers assume that a malpractice settlement or claim is the end of the story. Unfortunately, malpractice claims can lead to board investigations, especially if there are repeated settlements or serious allegations involved.
Medical boards frequently monitor malpractice data and use it to flag patterns of concern. For example, some boards may initiate an investigation if a provider has:
Even if your insurer settles a claim without admitting fault, the board may still view it as a red flag and take action.
Whatever the complaint is, you have legal rights. These include:
A medical hearing attorney can help advise on your rights throughout the process and seek retaliatory action should such rights be violated.
Regardless of the claim, the key is to seek experienced legal counsel early. Delaying your response or attempting to handle things on your own can put your license and reputation at greater risk.
Our team of seasoned healthcare lawyers at Fenton Jurkowitz Law Group specializes in handling California Medical Board complaints and investigations. Whether your practice is currently under a Medical Board investigation or you are interested in taking proactive measures, our experienced medical care attorneys are here to assist you. Connect with one of our healthcare lawyers today by filling out the contact form on our website.