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Preventing Collateral Damage in Medical Board Investigations

Patients, family members, insurance companies, and other healthcare professionals can file complaints with the Medical Board of California (“the Board”) if they believe a physician or other medical professional has disregarded the law. Common complaints include sexual misconduct, unprofessional behavior (such as breaking patient confidentiality), unlicensed practice, and improper prescribing.

When a complaint is filed, the Board first checks if there is legitimacy to investigate. If the complaint has enough evidence, a formal investigation begins. The doctor or healthcare provider may face disciplinary action based on the findings, which could include fines, probation, suspension, or loss of their medical license.

Medical board investigations can seriously impact a healthcare provider’s reputation and patient care. However, with the right precautions and guidance from experienced California Medical Board defense attorneys, you can mitigate the risks and prevent unnecessary harm. 

Collateral Damage of Medical Board Investigations

Medical Board investigations can be complex and far-reaching, affecting not just the accused physician but also the broader practice, colleagues, and patients. These investigations can create serious professional, financial, and emotional consequences that extend beyond the immediate legal proceedings. 

Impact on the Accused Physician

For the physician who is being investigated, the process can be taxing. They must comply with Medical Board procedures, which can be time-consuming and stressful. This stress can lead to distractions from their clinical work, potentially compromising patient care. 

Even if the investigation does not lead to disciplinary action, the claim can still harm their reputation and professional confidence, as well as their patients’ trust.

Effects on the Medical Practice

A Medical Board investigation can disrupt the entire practice, negatively impacting operations and finances. Colleagues might also have to undergo investigation and staff may need to pick up extra shifts to compensate for any limitations placed on the accused physician. If the investigation leads to license restrictions, the practice may lose money. This can occur because of fewer patient visits or legal costs to defend the physician.

Legal and Financial Burdens

Defending against a medical board investigation can be expensive, requiring the hiring of a Medical Board defense attorney and additional compliance measures. It can also lead to increased malpractice insurance premiums. If there is a serious outcome, such as fines, probation, or license suspension, it can negatively affect the accused physician’s long-term career and financial situation.

The Impact of Medical Board Investigations on Your Practice and How to Respond

A California Medical Board investigation or hearing can seriously impact a longstanding medical practice, even if the claims are ultimately found to be baseless. For example, if allegations of physician misconduct — such as sexual misconduct — appear in the media, the accusation in and of itself can damage the physician’s reputation. Patients may become hesitant to schedule appointments, leading to reduced trust and potential financial losses for the practice.

In the healthcare industry, professionalism and quality care are crucial. This is why it is essential to hire ethical employees and provide intense staff training. Additionally, proactive crisis management and public relations (PR) strategies can help lessen the impact of an investigation.

Talking openly with patients and addressing their concerns is important. This includes responding to negative online reviews and being transparent with the public to help rebuild trust and improve the practice’s reputation. 

Preventative Measures to Reduce Collateral Damage in Medical Board Investigations

Consider taking the following steps to protect your practice and reduce the impacts of a Medical Board investigation:

  1. Consult a Medical Board defense attorney. A specialized healthcare lawyer can ensure you fully understand the Board’s investigative process, as well as your legal rights and responsibilities when responding to a complaint. 
  2. Maintain thorough documentation. Keeping detailed and accurate patient records can be used as evidence when defending against false or exaggerated claims. Thorough documentation also shows a commitment to ethical and professional medical practice.
  3. Implement strict compliance protocols. Regularly train employees on legal and ethical guidelines to prevent violations that could lead to complaints. Make sure staff clearly understands policies like patient confidentiality, informed consent, proper prescription practices, and ethical duties. 
  4. Manage public and patient communication. Even if a complaint is dismissed, it can still harm your practice’s reputation. Openly communicate with your patients throughout the process to maintain trust. If necessary, implement PR strategies to take control of the narrative, address concerns, and clarify any misinformation while legally abiding by confidentiality laws. 

Contact a Medical Board Defense Attorney

At Fenton Jurkowitz Law Group, our team of seasoned healthcare lawyers 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 attorneys are here to assist you. Connect with one of our healthcare lawyers today by filling out the contact form on our website.