Physicians are regulated and examined by state medical licensing boards. For the Huntsville metro area, this includes the states of Alabama and Tennessee. As a licensed physician, you are entitled, due to your hard work and expertise, to work as a licensed professional. Your license grants you professional income, security, and standing. However, state physician boards are granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending physicians against allegations of misconduct. We are available to help throughout the Huntsville metro area, including before the state medical boards in Alabama and/or Tennessee.
Our team provides services in all areas related to physician license defense, including Cardiology, Neurology, Internal Medicine, Pediatrics and Obstetrics and Gynecology.
Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
Practice of Medicine in the Huntsville Metro Area
The practice of medicine is diverse in the Huntsville metro area, from small one or two-doctor offices to large hospitals and institutions such as the Huntsville Hospital Health System and the Decatur Morgan Hospital.
The state medical board under which physicians who work in the Huntsville metro area are regulated depends on the state in which they are located. Physicians located in Alabama are regulated by the Alabama Board of Medical Examiners & Medical Licensure Commission, and Tennessee physicians are regulated by the Tennessee Board of Medical Examiners.
In each case, the medical boards regulate physicians practicing in their respective state. Physicians working in the Huntsville metro area must be regulated by one or more of these boards, depending on where they are located. In each state, it is illegal to practice as a physician without a license. In addition to each board’s role in licensing professionals and setting standards for continuing education, each board is also in charge of disciplining professionals who violate state laws, rules, and regulations related to their license.
Under relevant state law, medical boards generally have broad authority to suspend or even revoke the license of a physician. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the state board of medicine. Let the LLF National Law Firm’s Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Conduct That Is Grounds for Discipline of Physicians in the Huntsville Metro Area
Both the State of Alabama and the State of Tennessee within the Huntsville metro area have their own specific laws, rules, and regulations that govern the practice of being a physician. Generally speaking, these are designed to ensure that physicians conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss of your license for the most serious infractions. Below is a general summary of actions, the violation of which is most likely to result in serious discipline by the state medical boards.
- The person is guilty of fraud, deceit, or misrepresentation in the practice of medicine
- The person is unfit or incompetent to practice medicine by reason of negligent performance of his or her duties
- The person has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of what state it occurred in, of:
- Any felony
- Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee
- Any violation of the medical or drug laws or rules of this state, or of the medical or drug statutes, rules, and regulations of any other state or of the United States Government
- The person has become physically or mentally incompetent to practice medicine to such an extent as to endanger the public
- The person has directly or indirectly aided or abetted the practice of medicine by a person not authorized to practice medicine by the board
- The person has been guilty of fraud or misrepresentation in obtaining a license to practice medicine as a licensed physician
- The person has been guilty of unprofessional or dishonorable conduct
- The person has willfully violated any of the provisions of state medical laws
- The person is addicted to the use of intoxicating liquors or drugs to such a degree as to render him or her unfit, in the opinion of the board, to manufacture, compound, sell, or dispense drugs or medicine
- The person had his or her certificate of licensure, license, registration, or permit revoked, suspended, or had other disciplinary action taken, or had his or her application for a certificate of licensure, license, registration, or permit refused, revoked, or suspended, in any other state.
What Happens After Allegations of Misconduct Are Made Against a Licensed Physician
Each of Alabama and Tennessee has implemented procedures for complaints lodged against licensed physicians. Each state also maintains an online complaint form through which members of the public can report an unethical action or rule violation by the physician. The complaint must name the physician and contain a brief description of the facts and circumstances of the alleged misconduct.
Each state also has specific rules that govern the procedures for the handling of complaints made against licensed physicians. The following is a brief general discussion of what to expect in any disciplinary hearing. Please refer to your state’s rules for specific information, or contact the LLF National Law Firm’s Professional License Defense Team to speak to one of our professionals.
Upon receiving a complaint, the board will typically open a file and may also ask the person filing the complaint for more information about the alleged misconduct. Typically, the board will be required to send a copy of the complaint and any supporting documentation to the licensed physician. The licensed physician may then have a specified period of time to submit a written response or waive the right to do so.
If you receive a notice of a complaint filed against you, you have the absolute right to contact an attorney and obtain legal representation at that time. Often, engaging an attorney in the early stages of the process can have a positive effect on the outcome.
The board may then make a determination as to whether the complaint has merit, and it may authorize an investigation and may assign the complaint to a separate ethics investigator or investigatory body. The investigator will typically have the right to conduct interviews of the complaining person, any witnesses, and the licensed physician.
If a complaint is filed against you and you are asked to be interviewed by an investigator, it is crucial to speak with an attorney as soon as possible. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date.
Hearings in Front of a Board of Medicine
If a physician’s license is proposed to be suspended or revoked, or the licensed physician receives another form of discipline, he or she may request a hearing. Prior to the hearing, the board of medicine may require that the physician attend a pre-hearing conference in order to attempt to settle any contested issues. Having legal representation at any meeting is of utmost importance.
The hearing will typically be conducted before the board of medicine or a subcommittee of the board. The licensed physician has the right to be represented by an attorney of his or her choosing at the hearing. The hearing is not considered a civil or criminal “trial,” although the hearing will be recorded or transcribed, and certain rules of evidence and other legal rules will be followed.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the board of medicine, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified attorney by your side. Even if your license is not revoked or suspended, if you are employed by a large hospital or health care system, such as Huntsville Hospital Health System or Decatur Morgan Hospital, your job may be in jeopardy.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the licensing board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings, where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline. Many physicians and other professionals have been wrongly accused and have faced severe consequences due to this lenient standard. Having the LLF National Law Firm at your side will help ensure that this does not happen to you.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the board of medicine cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the medical board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The LLF National Law Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with physicians nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you engage our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If an adverse report is issued, negotiate with the board of medicine in order to have the penalties mitigated
- Fully defend you before the board in any hearing, including calling and examining witnesses and presenting beneficial documents on your behalf
Your license is too valuable to try to defend yourself on your own. The board of medicine will have a team of professionals on its side. You need a strong team on your side as well. Our Professional Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.