Physicians practicing in the Kalamazoo-Portage Metro Area are regulated and examined by the Michigan Board of Medicine (Board). 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, the Board is granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules. Many times, allegations that a physician has violated a rule are based on a misunderstanding, or even a personal grievance held by a patient. Regardless of whether any allegation has merit, it is important to take it seriously and address any complaint as soon as possible.
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 State of Michigan and can represent you before the Board throughout the Kalamazoo-Portage Metro Area.
Our team provides services in all areas related to physician license defense. 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 Kalamazoo-Portage Metro Area
The practice of medicine is diverse in the Kalamazoo-Portage Metro Area, from small one or two-doctor offices to large hospitals and institutions such as:
- UP Health System – Portage
- Bronson Methodist Hospital
- Beacon Kalamazoo Woodbridge Hills Medical Center
Regardless of the size of your practice or specialty, the Board is authorized by Michigan law to regulate and license any person who practices medicine in the State of Michigan, including the Kalamazoo-Portage Metro Area. In addition to the Board’s role in licensing physicians and setting standards for continuing education, it is also in charge of disciplining physicians who violate Michigan state laws, rules, and regulations related to their license.
Under Michigan state law, the Board generally has 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 Board. 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 Kalamazoo-Portage Metro Area
The State of Michigan has specific laws, rules, and regulations that govern the practice of medicine. 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 or suspension of your license for the most serious infractions. There is a wide range of actions that can cause a physician to be subject to discipline, including:
- Negligence or failure to exercise due care, including negligent delegation to or supervision of employees or other individuals
- Incompetence
- Substance use disorder
- Mental or physical inability adversely affecting the licensee’s ability to practice in a safe and competent manner
- Declaration of mental incompetence by a court of competent jurisdiction
- Conviction of a misdemeanor punishable by imprisonment for a maximum term of 2 years
- Conviction of a misdemeanor involving the illegal delivery, possession, or use of a controlled substance
- Conviction of any felony
- Lack of good moral character
- Final adverse administrative action by a board of another state or a territory of the United States
- Fraud or deceit in obtaining or renewing a license or registration
- Permitting a license or registration to be used by an unauthorized person
- Practice outside the scope of a license
- Obtaining, possessing, or attempting to obtain or possess a controlled substance or a drug without lawful authority
- False or misleading advertising
- Dividing fees for referral of patients or accepting kickbacks on medical or surgical services, appliances, or medications purchased by or on behalf of patients
- Fraud or deceit in obtaining or attempting to obtain third-party reimbursement
- Misrepresentation to a consumer or patient or in obtaining or attempting to obtain third-party reimbursement in the course of professional practice
- Betrayal of a professional confidence
- Promotion for personal gain of an unnecessary drug, device, treatment, procedure, or service.
Many of these violations are not clear-cut and straightforward. Reasonable minds can differ, for example, about what constitutes overtreating of patients or malpractice. The LLF National Law Firm has seen many instances where charges are brought against physicians based on faulty evidence or little to no evidence at all.
As discussed below, oftentimes the Board will take the word of patients or others at face value instead of critically examining any mitigating or exculpatory evidence. This leads to overcharging or even bringing a complaint against a physician that is completely baseless. The LLF National Law Firm will fight these charges and/or negotiate with the Board to a mutually acceptable conclusion.
What Happens After Allegations of Misconduct Are Made Against a Licensed Physician
Notably, a proceeding with the Michigan State Medical Board is not a full-scale legal proceeding. Although some legal principles are used, the procedural rules and other protections are less than those that are commonly available in a court of law. This sometimes results in the deck being stacked against you, making it imperative to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you.
Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process. We may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.
Any disciplinary proceeding follows the rules established under the Michigan Administrative Procedures Act. The following is a brief general discussion of what to expect in any disciplinary hearing. Please refer to the Michigan rules for specific information, or contact the LLF National Law Firm’s Professional Defense Team to speak to one of our professionals.
The Board shall investigate any allegation that 1 or more of the grounds for disciplinary subcommittee action exist, and may investigate activities related to the practice of a health profession by a licensee. The department may hold hearings, administer oaths, and order the taking of relevant testimony.
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. Hiring an attorney may also prevent you from making an error, such as making statements to investigators without an attorney present. 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.
The Board may then make a determination as to whether the complaint has merit, and it may call a hearing to further investigate and formulate a final ruling on the merits. Physicians have the right to have an attorney present at the hearing, cross-examine Board witnesses, call their own witnesses, present physical and audio-visual evidence, and challenge Board evidence.
If the physician is found guilty, the Board may take action by one or more of the following:
- Revoke the license of the physician
- Suspend the license of the physician for a period determined by the Board in its sole discretion
- Issue a written reprimand
- Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public
- Pay restitution to any person harmed by the physician
- Levy a fine of up to two hundred and fifty thousand dollars ($250,000) per violation and collect out-of-pocket costs of investigation incurred by the Board to conduct the disciplinary hearing.
Some of the consequences, such as a suspension, revocation, or large fine, can be severe. However, even a lesser penalty, such as a reprimand, becomes public information and can damage your reputation permanently.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the Board, 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. In addition, if your license is not revoked or suspended, your job may be in jeopardy if you are employed by a hospital or health system such as UP Health System – Portage or Bronson Methodist Hospital.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the 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.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board 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 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 in the Kalamazoo-Portage Metro Area and 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 retain 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 a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
- Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
- If a negative outcome results from the hearing, filing an appeal in the Michigan court system to vindicate your rights
Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional License 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.