One thing that all medical professional in the United States have in common is a dedication to their area of practice. No one wakes up one day and accidentally becomes a doctor, dentist, or nurse. It takes years of education, hard work, and a commitment to helping patients before you receive your license and start your long and prosperous career.
Despite the years of dedication it takes to receive your license, one malpractice claim by a former patient is enough to put your future at immediate risk. Malpractice claims on your insurance rarely stay relegated to the realm of civil law. Many state laws mandate reporting malpractice claims to state licensing boards, meaning what was once an issue with your insurance can directly affect your professional career.
The Lento Law Firm has offices nationwide, and our Professional License Defense Team is equipped to help medical professionals of all stripes deal with license sanctions due to malpractice claims on their insurance. Call us at 888-535-3686 or contact us through our confidential website form to learn how we can help and protect your license starting today.
What Is Malpractice?
Malpractice is an ever-present threat to both medical professionals and patients. Malpractice occurs when a licensed healthcare provider deviates from their profession's accepted standards of practice, resulting in some form of harm or injury to their patient. Generally, malpractice results from obvious examples of negligence or incompetence on the part of the professional or an intentional act of wrongdoing.
Defining what is and isn't malpractice is complicated. As each healthcare profession deals with different patients and has different responsibilities, there is no one-size-fits-all definition. Typically, identifying malpractice involves closely examining the professional's standard of care and how they have failed to uphold it.
First, the accused medical provider must have an actual, established duty of care to the patient. Then, their failure to adhere to standards of care must cause actual damage or harm to the patient. This differentiates malpractice from simple mistakes or issues, as the standard of care for most professions still allows for errors and patient harm. Many prescriptions, for example, have side effects, but the doctor prescribing them is not responsible for every possible complication. Only if those errors arose from someone's gross incompetence or disregard for patient safety can it rise to the level of malpractice.
As an example, let's look at malpractice possibilities for surgeons, the medical professional role at the highest risk of malpractice claims.
Malpractice Example
Appendectomies are extremely common, as appendicitis can affect most of the population at any time without warning. With over 250,000 appendectomies in the US annually, many general surgeons have experience with this procedure. If, during this procedure, a surgeon mistakenly damages part of the intestine and causes heavy internal bleeding, this places patients at an even greater risk.
In this scenario, the surgeon made a mistake that most other surgeons would be capable of avoiding under normal circumstances. As a direct result of their actions, the patient suffered more harm than necessary and may have long-term complications.
When Malpractice Doesn't Apply
We can change the details of this scenario to say that, instead of the surgeon damaging the patient's intestine, they came across complications during the procedure and followed the general guidelines of appendectomies. If the patient ends up with an infection at the surgical site, this is not an example of malpractice.
Even if the patient suffers some additional injury or harm, the fact that the surgeon did not make a mistake or act carelessly generally shields them from claims. Many surgeries and healthcare decisions have known complications that providers disclose to their patients. Assuming the surgeon was careful to inform the patient and accurately performed the procedure, they should be able to avoid claims, lawsuits, or disciplinary action.
In essence, even if something terrible happens to a patient, it doesn't always mean malpractice occurred. If the healthcare professional is at fault, minor mistakes that don't result in serious harm, such as failing to document patients' statuses, will often result in discipline for negligence, not malpractice.
Regardless of what you think of the allegations or claims made against you, it's important to work with experienced attorneys whenever your license is at risk. Serious malpractice claims can potentially end your career, and attempting to defend against licensing board accusations can be highly stressful. The Lento Law Firm Professional License Defense Team works throughout the country and can help protect your license and professional career when they come under threat.
Healthcare Professionals at Risk of Malpractice Claims
Very few, if any, medical professionals have zero risk of malpractice claims affecting their careers. While some malpractice claims are more common, that doesn't mean rarer claims can't impact a professional's license to the same devastating degree. Some of the medical professionals that the Lento Law Firm can help include:
- Doctors: Malpractice claims against doctors are common and can arise from misdiagnosis, surgical errors, medication errors, and failure to obtain complete informed consent from patients, among other issues.
- Physician Assistants: PAs may similarly face malpractice claims for errors in diagnosis and treatment, improper prescribing of medications, and performing procedures beyond their scope of practice.
- Dentists: Dental malpractice claims involve treatment errors, failure to diagnose oral conditions, complications from procedures, and improper use of anesthesia.
- Dental Hygienists: Hygienists may encounter issues related to improper cleaning techniques, failure to detect oral diseases, and general negligence, which can cause more pain than expected during procedures.
- Nurses: Nurses face a wide range of risks due to their often-extensive list of duties while on the clock. Malpractice claims can allege harm due to medication errors, inadequate patient monitoring, failure to obey physician orders, and improper use of medical equipment.
- Nurse Practitioners: NPs can face claims similar to those of doctors, including diagnostic errors, prescription mistakes, and failure to provide adequate follow-up care.
- Audiologists: Malpractice claims often involve misdiagnosis or failure to identify hearing disorders, improper hearing aid fitting, and failure to refer patients to specialists when appropriate.
- Counselors and Marriage & Family Therapists: Therapists can also face claims, especially related to improper therapy techniques and breaches of confidentiality.
- EMTs and Paramedics: Due to their high-intensity urgent work, EMTs and paramedics who make split-second decisions during emergencies may be accused of improper care and failure to follow established protocols.
While most people associate malpractice claims with life-threatening and extremely harmful health complications, the truth is that all license holders can face challenges should someone suffer due to their actions. If a malpractice claim has completely blindsided you and you are unsure how to defend against it, contact the Lento Law Firm as soon as possible to prevent damage to your license and career.
Malpractice Claims and How Licensing Boards Learn About Them
If one of your patients believes that your actions have harmed them, they may go down the route of filing a malpractice claim. An allegation of misconduct or malpractice can come out of the blue, as injured patients often look for ways to benefit from injuries. They have the right to make claims, just as you have the right to defend yourself and demonstrate how your actions followed the standard of care of your profession.
If you have malpractice insurance, your provider will handle the investigation and defense, ideally preventing any negative judgment against you. Your insurance company hopes to avoid large payments to the patient, so they will work hard to defend against the malpractice allegations. The claims can end with a settlement out of court or a judgment at trial, either in your favor or the plaintiff's favor.
However, regardless of the malpractice claim's success, it can immediately result in issues with your license. Many states require that insurance providers send licensing boards all details about malpractice claims against license holders, especially ones alleging serious misconduct and involving large dollar amounts. For example, the Medical Board of California requires that insurance providers report to the Board when malpractice judgments, arbitration awards, or settlements involve a California physician or surgeon and exceed $30,000. In some instances, license holders themselves may be required to report claims to their Board. This typically occurs if the medical professional is self-insured or a patient makes a claim directly against them.
Different licensing boards will expect different details in a report, but the general information they receive includes the following:
- Details of the allegations and malpractice
- The outcome of the claim
- Financial settlement and judgment amounts
- Response to the claim by the license holder
- Documentation and supporting evidence used during the case
Once a licensing board receives a report, it makes its own determinations as to whether investigations or further punishment are necessary. After a malpractice claim, you shouldn't assume your troubles are over. The Professional License Defense Team at the Lento Law Firm can work with you from day one to build a robust defense to license concerns raised by your Board.
Disciplinary Action From Your Licensing Board
Malpractice claims that result in insurance involvement, court dates, and large settlements may seem scary, but with insurance, lawsuits are not the greatest risk to your livelihood and career. Those risks come from your licensing board, who will want to investigate the malpractice allegations and decide if they should act. Each state licensing board regulates its license holders to protect the public and patients from harm. While you may wish to be done with this whole ordeal, it's very likely that you will face another deep dive into your conduct. In the vast majority of cases, however, you are allowed to work with attorneys like the Lento Law Firm from the outset of your Board investigation to represent and defend you as the process evolves.
Initial Review and Jurisdiction Determination
A report obtained by your licensing board doesn't immediately trigger an investigation. First, they will evaluate the report and see if the allegations allege behavior the Board has the jurisdiction to regulate and discipline. For example, state nursing boards may reference their state's Nurse Practice Act to look for instances of misconduct. Even if a lawsuit and insurance claim resulted in a favorable judgment, your licensing board may find their own reason to investigate. Before proceeding, licensing boards must also confirm that the license holder is a valid licensee in their state and under their jurisdiction.
Investigation
Once your state licensing board decides to proceed, it will start an investigatory process to gather evidence and build a potential disciplinary case. If a malpractice claim was the impetus for this investigation, it may already have a body of evidence to use as a baseline.
Investigators will gather additional evidence that was not part of your malpractice claim, interview those who may know the situation, and consult with other experts in your field to determine exactly how your actions broke the standard of care.
Discretion and Determination
As mentioned, the point of an investigation is for your licensing board to determine if actual violations exist and if punishment is warranted. At the end of their investigation, they may decide to drop the case, especially if your attorneys work to explain your actions and provide evidence to counter the narrative. Licensing boards have broad discretion to impose punishments or pursue disciplinary action, taking into account the evidence as well as the medical professional's personal history.
Attorneys can also assist by negotiating with your licensing board to limit punishments and reach a middle ground. A majority of disciplinary proceedings end in some form of a consent agreement or negotiated penalty, as opposed to a disciplinary hearing. Often, the best way to prevent long-term damage to your license is to accept an agreement, work within your license restrictions, and eventually regain the ability to work unrestricted in your state and advance your career.
In cases where you and your licensing board cannot agree, you may end up in a disciplinary proceeding. Similar to a court trial, you and the state's prosecution will provide evidence and attempt to sway board members and judges to one side or the other. If you have reached this part of the disciplinary process without legal representation, it is highly recommended that you work with attorneys. Punishments resulting from hearings are often harsher than those reached through consent agreements.
Possible License Sanctions Following Malpractice Claims and Investigations
Assuming you have insurance, the immediate impacts of a malpractice claim are typically limited to monetary payments by your insurance provider and possible increases to your premium. In the long term, you can also face reputational damage, exclusion from professional groups and networks, and issues with your employer. However, when your licensing board gets involved and finds evidence of malpractice, the punishments significantly impact your career.
After a hearing or agreement, potential punishments and sanctions on your license include:
- Fines: Monetary penalties can either be standalone punishments or included as one part of a severe group of sanctions.
- Probation: Your licensing board may limit your license and ability to practice, such as through mandatory reporting, additional education or training, or the requirement to work under increased supervision.
- Suspension: If your licensing board believes the risk to patients is high enough, it may temporarily suspend your license and mandate training and education during the suspension period.
- Revocation: In extreme circumstances where the allegations of malpractice are confirmed by evidence, licensing boards can remove your license, limit how and when you can reapply, and prevent you from working in the state entirely.
If you are a medical professional dealing with malpractice claims on your insurance, you should always remember that insurance claims can escalate to license restrictions once your state licensing board learns of the allegations and behavior. The Professional License Defense Team at the Lento Law Firm has experience representing licensed healthcare professionals in every state and jurisdiction in the country. If your license is at risk due to malpractice claims, we are here to help.
Why Malpractice Claims Are Huge License Risks to Medical Professionals
Any negligence, wrongdoing, or misconduct can result in discipline from your state licensing board, but malpractice claims are an even greater risk. There is never a time when securing legal representation can hurt your chances during disciplinary investigations and hearings. Still, the advice of working with attorneys is even more pertinent when malpractice is at the heart of allegations.
To start, malpractice claims generally involve situations where patients suffer severe injuries or harm. While patients can technically sue their healthcare provider at any time, they are unlikely to get far if they can't show evidence of harm. As a result, any malpractice claim that escalates to an actual settlement or judgment tends to indicate a more serious mistake on the part of the license holder.
Furthermore, malpractice claims often directly involve actions that are at the core of what licensing boards are tasked with regulating. From the perspective of a state Board of Dentistry, for example, there are few things more urgent to address than a dentist performing dangerous tooth extractions. One singular instance of alleged malpractice might make them aware of a potential pattern of bad behavior and spur them to investigate further. Regardless of patient harm, malpractice claims resulting from evidentiary disclosure to a licensing board can kickstart intense disciplinary investigations.
Your license is a result of hard work, years of dedication, and extensive education and training. Don't let malpractice claims jeopardize your future and limit your career trajectory. The Lento Law Firm can represent you before any medical licensing board in the United States that is considering discipline after learning of a malpractice claim against you. Our Professional License Defense Team will work to keep the harmful effects of a claim contained to your insurance and away from your professional license.
Appealing Disciplinary Actions Resulting From Malpractice Claims
The idea of successfully defending against disciplinary sanctions after a malpractice claim sounds excellent, but what if your licensing board already sanctioned you after investigating the claim? Luckily, you have options, but time is limited.
In the vast majority of cases, any licensed medical professional who receives a less-than-ideal result from their disciplinary proceeding can appeal the decision to secure a better outcome. The typical time limit for filing an appeal is 30 days, after which the Board order goes into effect and appears in the public record.
Thirty days may not seem like a long time, and that's because it is, in fact, an extremely short timeframe in which to respond to an order and decide how to defend against it. If you have not yet hired legal representation during the disciplinary process, contacting experienced defense attorneys is critical to succeeding on appeal.
The Professional License Defense Team at the Lento Law Firm can help you form a game plan for appealing a disciplinary decision and limit the harm that these malpractice claims have had on your professional career. The quicker you contact our team, the greater chance we have of building a robust rebuttal to the Board's findings.
The Lento Law Firm Can Help Protect Your License After Malpractice Claims
All minor complaints and allegations that patients make to your state licensing board can result in some form of disciplinary punishment. However, if the Board looks into your conduct due to malpractice claims on your insurance, the risk of license sanctions increases significantly. Never attempt to defend against these accusations without legal representation experienced in this unique area of law.
The Lento Law Firm Professional License Defense Team works nationwide to help medical professionals facing license sanctions resulting from malpractice claims. With hundreds of individual state boards overseeing millions of medical professionals in the country, not many law firms in the US are knowledgeable of all state processes and complexities. You need a team of attorneys who are intimately familiar with every form of potential licensing issue. When your future is at stake, you can't risk hiring attorneys unfamiliar with your profession.
Contact the Lento Law Firm today through our website or by calling us at 888-535-3686. After you provide details to one of our team members, we can begin defending against malpractice claims and ensuing disciplinary investigations.
