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Is Your Medical License in Jeopardy Because of Sexual Misconduct or Other Misconduct Against a Patient?

Posted by Joseph D. Lento | Jan 27, 2023 | 0 Comments

As a licensed physician, you swore to provide effective care to your patients without causing them further harm. You spent years investing in your medical education and training and even longer building your practice and establishing your reputation.

Unfortunately, a patient accused you of sexual misconduct or other misconduct, and you are in danger of losing your medical license or may have already had your license revoked. Either way, you are concerned as to how it will impact your practice, your career, and your livelihood, and you need to consult an experienced professional license defense attorney as soon as possible for help.

What Is Sexual Misconduct?

The Federation of State Medical Boards defines physician sexual misconduct as any inappropriate sexual behavior between a licensed physician and their patients. Inappropriate sexual behavior can include any of the following:

  • Physical contact
  • Improper gestures or language
  • Unwanted verbal sexual passes (come-ons)
  • Seductive or sexually suggestive language or behavior
  • Sexually demeaning or disrespectful behavior or language

It can also include giving gifts or special treatment to patients to coerce them into sexual activity, as well as performing intimate examinations on patients without a legitimate clinical reason or without the patient's consent. In extreme cases, sexual misconduct can constitute sexual assault, and you could face criminal charges on top of any administrative consequences.

Other Forms of Misconduct

Along with sexual misconduct, you can face disciplinary action from the licensing board for engaging in any form of professional misconduct, which can include:

  • Neglecting a patient
  • Failing to provide an accepted standard of care
  • Failing to keep accurate patient and financial records
  • Prescribing drugs excessively or without a legitimate reason

You can also face license suspension or revocation for abusing alcohol or drugs, committing fraud, or being convicted of a felony, along with a host of other reasons.

What Consequences Can You Face?

After receiving a complaint against you, the licensing board will investigate to determine if enough evidence exists to support the claim. If so, the board may do any of the following:

  • Fully suspend your license
  • Suspend your license for a period if they feel you can rehabilitate
  • Limit your license only to a specific practice area.

The board may also revoke your license altogether if they feel you cannot be trusted to ever practice medicine again.

Applying for Medical License Restoration

If the board has suspended or revoked your medical license, you may apply to have your license restored. However, you will have to wait several years before you can even apply, and the board will likely not be able to restore your license immediately.

If the board grants you a hearing, you will go before a state board of medical examiners, who will ask you questions regarding the complaint and why you feel you should be allowed to practice medicine again.

Get Help From an Attorney

You want to present the most compelling case possible, and you need to fully prepare for the interview. For help, you should reach out to an experienced professional license defense attorney, and you can contact attorney Joseph Lento and the Professional License Defense Team at the Lento Law Firm today at 888-535-3686 or online to request a confidential consultation.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento has unparalleled experience fighting for the futures of his professional clients nationwide. With unparalleled experience occupying several roles in the justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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