Physicians practicing in the Little Rock–North Little Rock metro area are regulated and examined by the Arkansas State Medical Board (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 Arkansas and can represent you before the Board throughout the Little Rock-North Little Rock Metro area, including:
- Benton
- Bryant
- Cammack Village
- Conway
- Jacksonville
- Maumelle
- North Little Rock
- Sherwood
- Our team provides services in all areas related to physician license defense, including:
- Cardiology
- Neurology
- Neurosurgery
- Orthopedic Surgery
- General Surgery
- Internal Medicine
- Pediatrics
- Obstetrics and Gynecology (OB-GYN)
- Radiology
- Anesthesiology
- Emergency Medicine
- Dermatology
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 Little Rock–North Little Rock Metro Area
The practice of medicine is diverse in the Little Rock-North Little Rock Metro area, from small one or two-doctor offices to large hospitals and institutions such as:
- Arkansas Children’s Hospital
- UAMS Medical Center
- CHI St. Vincent Infirmary
- Baptist Health Medical Center-Little Rock
- Central Arkansas Veterans Healthcare System
Regardless of the size of your practice or specialty, the Board is authorized by Arkansas law to regulate and license any person who practices medicine in the State of Arkansas, including the Little Rock–North Little Rock 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 Arkansas state laws, rules, and regulations related to their license.
Under Arkansas 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 Little Rock–North Little Rock Metro Area
The State of Arkansas 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:
- Conviction of a felony listed under Arkansas law;
- Fraud, misrepresentation, or deception in applying for or securing a license to practice medicine;
- Aiding or abetting an unlicensed person to practice medicine;
- Procuring or aiding or abetting in procuring a wrongful and criminal abortion;
- Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs;
- Habitual indulgence in the use of alcohol or drugs;
- Grossly negligent or ignorant malpractice;
- Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public;
- Persistent and flagrant overcharging or overtreating of patients;
- Violating a rule of the Arkansas State Medical Board;
- Violating a term of probation or an order previously imposed by the Arkansas State Medical Board;
- Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and
- Committing an ethical violation as determined by the Arkansas State Medical Board by rule
Many of these violations are not clear-cut and straightforward. However, 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 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 Arkansas State Medical Board is not a full-scale legal proceeding. Although some legal principles are used, the level of due process is not as robust as that commonly available in a court of law.
It crucial 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 so that you avail yourself of all the protections that are afforded to you in any hearing before the Board. 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 and may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.
Arkansas 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 the Arkansas 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 physician. The 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 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.
If the physician is found guilty, the Board may do one or more of the following:
- Revoke his or her license;
- Suspend his or her license for a period not to exceed one (1) year;
- Issue a 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; or
- Levy a fine of up to one thousand dollars ($1,000) per violation and collect out-of-pocket costs of investigation incurred by the Board to conduct the disciplinary hearing.
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. Even 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 Arkansas Children’s Hospital or UAMS Medical Center.
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 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 Little Rock–North Little Rock 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 Arkansas 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.