The story of a Wisconsin doctor whose license was suspended by the state medical board illustrates how important it is for doctors and medical professionals to vigorously defend themselves in disciplinary investigations and proceedings.
The Wisconsin Medical Examining Board had banned Dr. Victoria Mondloch from obstetrics work and had disciplined her twice before. They also suspended her license for a week failing to complete mandatory continuing education. More recently, Dr. Mondloch performed a biopsy on a patient in violation of a previous medical board action and also gave this patient an experimental treatment.
The patient died a few months later, and the board voted to suspend Dr. Mondloch's license for prescribing treatments that weren't approved by the Federal Drug Administration (FDA), and for failing to conform to the standard of “minimally competent medical practice.”
Doctors Should Not Handle the Lengthy, Complex State Medical Board Disciplinary Process Alone
Dealing with allegations of failing to provide adequate care is stressful in and of itself, and the complicated, time-consuming disciplinary adjudication process only makes matters worse, and the stakes couldn't be higher. Failure to successfully navigate the difficult process can be devastating to a doctor's career.
Although the specific rules and procedures vary from state to state, here's what doctors can generally expect to encounter during their state medical board's disciplinary process.
First, someone — such as a colleague, patient, or employer — files a complaint with the state medical licensing board alleging the doctor committed ethical or professional misconduct, such as failing to provide adequate care.
The board then investigates the complaint and may request documentation or other information from the accused doctor, identify people who might have information about the matter, and ask the doctor to appear at an in-person inquiry. Doctors must timely and fully respond to all of the board's requests.
The board then reviews the information and determines if a violation has occurred. If the board believes disciplinary action is needed, they will often attempt to negotiate a settlement with the physician. If the parties can't reach a settlement, there will then be a formal hearing where the board will review the evidence and determine the penalty. The doctor may be able to appeal an adverse ruling.
Medical Board Disciplinary Proceedings Can Result in Penalties That End Doctors' Careers
An adverse ruling by the state medical board can have a number of devastating consequences to a doctor's career. License suspension; revocation; probation; fines; license restrictions; and public reprimands are some of the severe penalties doctors face.
Disciplinary action is public information and becomes part of doctors' permanent records. This can ruin doctors' professional reputations.
The Lento Law Firm Can Help Doctors Navigate the Disciplinary Process and Protect Their Careers
Doctors who are accused of failing to provide adequate care should not try to handle the complexities of the state medical board disciplinary process on their own. Joseph D. Lento and his skilled Professional License Defense Team have years of experience representing doctors in front of medical boards around the country. They can help doctors understand the process and know what to expect every step of the way. They can ensure that responses are made in a timely manner, advise doctors how to respond to written requests and at in-person hearings, and help doctors preserve their reputations, licenses, and careers. Contact the Lento Law Firm at 888-535-3686, or submit a confidential online consultation form.
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