The Omaha metro area features a mix of Midwestern sensibility and cultural richness and complexity that so many residents love. Whether you work in downtown Omaha, Florence, Dundee, or the West Omaha suburbs, your practice is essential to you. But one letter or call from the Department of Health and Human Services (DHHS) or the Nebraska Board of Medicine, and you may find your practice in jeopardy. DDHS may initiate an investigation against a physician, based on a patient or colleague complaint, or on a report from another agency or law enforcement. This investigation can lead to severe sanctions, damage to reputation, and limitations on the physician’s practice. You may feel the need to respond quickly to the letter or call without giving it careful thought. But take a deep breath and give the attorneys at the LLF National Law Firm a call.
The LLF National Law Firm concentrates on license defense of medical professionals, especially doctors and nurses. Your first response to the DHHS or the Board should be well thought out and strong enough to address and resolve the action. If you wish to limit the damage to your reputation and practice, it is vital to act quickly. The LLF National Law Firm Professional License Defense Team has a proven track record of successfully defending medical professionals from all types of allegations. Call us at 888-535-3686 or contact us online.
Physician Licensing Authority in Nebraska
The Department of Health and Human Services, Public Health Division (DHHS), is responsible for issuing and managing physician licenses in Nebraska. The Board of Medicine and Surgery is responsible for oversight of physician complaints and license investigations. The Board of Medicine and the DHHS License Division can receive and investigate complaints against physicians in Nebraska, including the Omaha area. DHHS maintains a database of licensed physicians and publishes a listing of all disciplinary actions taken against any physician in Nebraska. Anyone in Nebraska can search online and view information on any action taken against a physician. Therefore, even if a complaint is utterly groundless and based on erroneous facts (as many are), it is critical to answer and defend against the accusation vigorously.
If You Practice in Multiple Jurisdictions
If you practice in more than one jurisdiction, you must be mindful that state licensing boards share information. For these reasons, if you have a medical license in Nebraska but no longer actively practice here, it is nonetheless necessary that you answer a licensing action from the DHHS or the Nebraska Board of Physicians. Even if you surrender your Nebraska license and do not fight the charges, this may affect your license in other states. Even if the accusations are for a position or practice you served years ago, you must answer the substance of the charges to protect your license and current position. The best practice is to respond and defend all charges as they arise in any jurisdiction. This will protect your license and your ability to be credentialed and secure professional liability insurance in the future.
Omaha Physician Grounds for Discipline
Disciplinary actions against physicians are varied and complex. Sometimes the physician sees the charges coming, while at other times they feel blindsided. The charges may arise from a complaint by a patient or other party, a criminal charge, or a civil case. Some potential grounds for physician discipline in Nebraska and Omaha include:
- Falsification of material facts in a license application.
- Conduct evidencing unfitness to practice the profession.
- Drug or alcohol dependence or addiction.
- Failure to comply with a treatment program or an aftercare program.
- Conviction of a crime which has a rational connection with the fitness or capacity to practice medicine.
- Gross incompetence or gross negligence, or a pattern of incompetent or negligent conduct.
- Practice while impaired by drugs or alcohol.
- Physical or mental incapacity to practice medicine.
- License action in another state.
- Deceptive advertising.
- Unprofessional conduct.
- Violation of the Automated Medication Systems Act.
- Violation of the Preborn Child Protection Act.
If the Department receives a complaint based on any of these grounds, it will begin an investigation. If accusations are made, you must take action immediately to defend yourself. Failure to do so will involve a higher risk of severe sanctions that may impact your ability to practice medicine in Omaha or elsewhere. The LLF National Law Firm can help you decide and construct a defense to the charges, regardless of the type of accusations you face. Careful and thoughtful strategy improves your odds of success and helps you protect your Nebraska license.
Unprofessional Conduct Standard for Women’s Care
A change in Nebraska law has created a new category of “unprofessional conduct” related to failure to comply with legal requirements under the Preborn Child Protection Act and the Pain-Capable Unborn Child Protection Act. Under these laws, a physician may be guilty of unprofessional conduct for performing an abortion except in a narrow set of circumstances. Under Nebraska law, the physician can only perform an abortion after 20 weeks of gestation if it is “necessary to avert (mother’s) death or to avert serious risk of substantial and irreversible physical impairment.” In that event, the physician still must perform the abortion in a manner that provides the “best opportunity for the unborn child to survive.” While performance is a criminal act under the Nebraska code, it is also “unprofessional conduct” that necessitates the loss of the care provider’s medical license under Nebraska law. The LLF National Law Firm is here to provide license defense to any physician who faces charges related to these changes in the law and the resulting conflicts of interest and care.
Potential Physician License Sanctions in Nebraska
The DHHS or the Board of Physicians may impose the following disciplinary actions against an Omaha physician:
- Censure.
- Probation.
- Limitation on the scope of practice or restriction of practice.
- Required drug or alcohol treatment or counseling.
- Continuing education requirements.
- Suspension of license for a set time or indefinitely.
- Revocation of license.
- Monetary or civil penalties.
The LLF National Law Firm has a proven track record of defending physicians from license concerns throughout the Omaha metro area. Your license is critical to your livelihood and future, and we can help you defend it.
Physician Disciplinary Process in the Omaha Metro Area
A license action against a physician can start in any number of ways. The most common way is a complaint filed by a patient or other individual. Another possibility is that the Board learns that a physician has settled or paid a significant personal injury action and has questions. The Board also may have learned of criminal charges or a criminal investigation against a physician. However, if the Board learns of the issues, the matter will follow a series of steps in the complaint process:
Initial Complaint Review
The DDHS receives complaints, and the Board of Physicians will review them for information and determine whether an investigation and further action are necessary. At this point, the Board may determine that no further action is required. The complaint may either be dismissed or referred for investigation.
Investigation
The DDHS is responsible for conducting an investigation and looking at potential violations. The investigator can review documents, interview witnesses, and assemble an Investigation File. In the Omaha metro area, a health professional may get a call from the investigator at this point. Remember that any decision on whether to file a petition for discipline will be based on this investigation. Taking proper steps at this point is critical. Likely, the DDHS investigator will formally or informally interview a health professional, in person or by telephone. It is vital to speak to an experienced license defense attorney before this interview and have a good understanding of the theory of your defense.
As a result of an investigation, the very best result a physician can hope for is to persuade the DDHS and Board that no disciplinary action is appropriate. In some instances, that might not be possible, and in those cases, a negotiated settlement with the Board on terms the physician believes are fair is the next-best result. The final possibility is that the Board pursues a petition for discipline, which the physician contests. This will involve convincing the hearing officer that disciplinary action is not appropriate. A good flow chart and outline of this process show that the DDHS may consult the Board of Physicians, the Attorney General, and the Chief Medical Officer to determine the next step.
Petition for Discipline
The DDHS will complete the investigation file and present its findings to the Board of Physicians. The Board of Physicians will ultimately be responsible for deciding whether to pursue disciplinary action against the physician. If the Board determines that disciplinary action is appropriate, it will serve a Petition for Discipline on the physician. This is a formal notice to a physician that their license is in jeopardy, and at this point, the physician must seek legal counsel.
Hearing and Decision
The DDHS will schedule a hearing at the same time it serves the Petition for Discipline. This is an administrative hearing, which may look a great deal like a court trial, but is more informal. The director will be responsible for overseeing the proceedings, but in many cases, the Board may appoint a Chief Medical Officer to act as the director. The hearing will be held before a hearing officer, who will make findings of fact, conclusions of law, and recommendations. These will be reviewed by the Chief Medical Officer, who will determine whether a discipline order is appropriate (or conversely, whether a dismissal order is warranted). The Chief Medical Officer will also approve any settlement to which the parties agree. If the Chief Medical Officer finds that a license action is appropriate, they will prepare and serve the action.
Appeal
If the physician is not satisfied with the result of the Hearing and Decision, they may pursue an appeal to the Court.
The LLF National Law Firm is here to assist in your defense against charges with the DDHS or Board, regardless of the stage of the proceedings.
Consent Decrees and Settlement of Cases
The Board and DDHS allow for the settlement of claims under Consent Decrees in Nebraska. This is a legally binding agreement among the physician, the Board, and the state of Nebraska, under which the parties agree on a plan of action or a penalty. Consent Decrees are common where there is evidence of a violation, but there is an argument for a lesser penalty and preservation of the license. Even in cases involving the highest likelihood of severe discipline, the chances of reinstatement are much higher if the physician agrees to a plan and signs a Consent Decree. Nevertheless, because they involve an admission of guilt, no physician should ever sign a Consent Decree without first discussing the issue with an experienced license defense attorney. In some cases, settlement is the best possible outcome, but in others, early dismissal is likely and should be the focus. You and your attorney should decide the best strategy for your case.
Protect Your Omaha Physician Career with the LLF National Law Firm
If you are facing an investigation, a petition for discipline, or anticipate a complaint soon, you should seek the assistance of the experienced license defense attorneys at the LLF National Law Firm. Even if you have had malpractice defense counsel or criminal counsel for related matters, you need a different type of representation to protect your license. The attorneys at the LLF National Law Firm have one focus—protecting your ability to practice medicine. Your case will move quickly, and you will need to have a plan in place in advance to meet this challenge effectively. The LLF National Law Firm has a proven track record of representing medical professionals in all types of licensing actions. Whether you work in downtown or central Omaha, Bellevue, Council Bluffs, or anywhere else in the Omaha metro area, we can represent you and help you preserve your license. Call our Professional License Defense Team today at 888-535-3686 or contact us through our website. We will assess your situation and determine the best way forward to preserve your career as an Omaha physician.