Being a physician in the Savannah Metro Area has its perks. While the state overall has a physician shortage, Savannah is a hub for physicians, offering stable jobs and good salaries. You’ve worked long hours, gone through over a decade of schooling, and put tens of thousands of dollars into becoming a Savannah Metro Area doctor, and now you’re being accused of misconduct. At the LLF National Law Firm, we understand that your career, livelihood, and reputation are on the line, and we’re here to fight for you. Mistakes and misunderstandings shouldn’t dictate your future as a Savannah Metro Area physician. Let us defend you and your medical license; contact us today at 888-535-3686 or use our online form.
Regulatory Body for Savannah Metro Area Physicians
As you know, physicians practicing in the Savannah Metro Area are governed by the Georgia Composite Medical Board. The Board is also responsible for addressing all complaints against Georgia physicians accused of violating the Georgia Medical Practice Act. These complaints relate to things like prescribing, quality of care, negligence, unprofessional or unethical conduct, violating patient confidentiality, and alcohol abuse, among others.
What the Board will not address are complaints that relate to insurance billing, workers’ compensation, conflict within the doctor’s office or hospital setting, or conflict with a patient unrelated to the things mentioned above. The Board specifically states that it doesn’t investigate complaints about rudeness; it states, “there is no law requiring a doctor to be polite, considerate, or courteous to his or her patients.”
Allegations that Put Your Savannah Metro Area Medical License at Risk
When many people think of physicians facing disciplinary action, they think the doctor has committed serious negligence. They think the TV medical drama version of events. While that can very well be the case, anything from administrative errors, inappropriate relationships, to prescribing issues can land you in front of the Board defending your Savannah Metro Area medical license. Any violation of the Georgia Medical Practice Act can result in disciplinary action. Common allegations that can threaten your Savannah Metro Area medical license include:
- Prescribing controlled substances to a known or suspected substance abuser without substantial justification
- Self-prescribing, or prescribing controlled substances to immediate family members
- Improper prescribing, ordering, administering, dispensing, or selling of amphetamines or Schedule II sympathomimetic amines
- Prescribing controlled substances based only on telehealth appointments
- Providing telehealth without a prior in-person examination
- Failing to maintain medical records
- Practicing medicine while mentally, physically, or chemically impaired
- Failing to use appropriate medical histories, physical exams, labs, or imaging when making a diagnosis
- Failing to use medications or treatments consistent with accepted standards of care
- Practicing with an expired medical license
- Have a sexual relationship with a patient or former patient (unless the physician-patient relationship was terminated properly in writing)
- Committing sexual assault, abuse, or misconduct against a patient
- Allowing non-physicians to administer fillers or Botox
No matter how big or small the allegation is, it must be taken seriously. If you are accused of any misconduct, even if a complaint has yet to be filed, contact the LLF National Law Firm immediately. The earlier we get involved, the better your chances are of a successful outcome.
The Disciplinary Action Process for Physicians in the Savannah Metro Area
Going through the Georgia Composite Medical Board disciplinary action process isn’t easy. The process for Savannah Metro Area physicians is stressful, invasive, complicated, and often lengthy (up to or exceeding six months).
Complaint
The Board accepts complaints from anyone, including anonymous complaints. Generally, complaints are filed by Savannah Metro Area patients, family members of patients, or colleagues. Occasionally, complaints are filed by law enforcement agencies.
You may also get on the Board’s radar for misconduct in other ways. These can include being contacted by hospitals or healthcare institutions, malpractice insurance companies, other insurance companies, federal or state agencies, or the National Practitioner Data Bank.
When the Board receives a complaint, it is immediately reviewed by the Board’s medical director and Board staff. The first task is determining if the Board has jurisdiction over the alleged misconduct. If so, the Board will open an investigation into the reported Savannah Metro Area physician.
If a complaint has been filed against you and your Savannah Metro Area medical license, in most cases, the Board will send you notice of the complaint. In some circumstances, the Board is not required to do this; these are cases where it believes your knowledge of the complaint would hinder the Board’s investigation.
Summary Suspension
While emotionally it may be difficult, fortunately, you can keep practicing medicine after a complaint has been filed against you and through the disciplinary action process. There is one exception, though. The Board has the legal authority to issue a temporary suspension of your license. This can also be referred to as an interim or summary suspension.
This option isn’t one that the Board takes lightly, and it very rarely uses this authority. Summary suspensions are reserved for situations where the Board believes that if you continue practicing, you are an “imminent danger to the public health, safety, or welfare.” It has been used in cases relating to gross incompetence, sexually assaulting a patient, substance use, and felony charges, as well as other serious allegations.
When the Board issues a summary suspension of your Savannah Metro Area medical license, you must stop practicing, but not necessarily for long. You are entitled to a prompt hearing to fight the summary suspension. Your LLF National Law Firm attorney will fight to get you back to practicing as soon as possible. You haven’t been found guilty of anything; your reputation, career, and livelihood shouldn’t be damaged for allegations alone.
Investigation
Once you receive notice from the Board of the complaint, you will have the opportunity to send a letter addressing the allegations. You may submit the letter in writing or during your interview with a Board investigator. You should never respond to the complaint or speak with a medical board investigator without first consulting your LLF National Law Firm attorney. Even if you’re innocent, the Board isn’t going to be giving you the benefit of the doubt. You need to make sure you’re careful with anything you say or write to the Board investigator. Misinterpretations or saying something seemingly neutral can come back to bite you.
In addition to written and interview statements, you will want to supply the Board investigator with any documentation or evidence that supports your version of events. This can be medical documentation, employment records, video, etc.
When the Board believes the case to be particularly serious, such as complaints with public safety threats, or criminal violations, the Board may call upon its agents. Board agents are certified law enforcement officers who conduct their own investigation.
Case Review
At the conclusion of the investigation, the Board will review everything collected throughout the investigative process. The members of the Board reviewing this include the Medical Director or Assistant Medical Director, and Board staff. The relevant medical director will make a recommendation as to whether and what disciplinary action they believe is appropriate. The Investigative Committee then discusses the recommendation at its next meeting.
The Investigative Committee includes members of the Board, Board staff, medical directors, and an attorney from the Georgia Attorney General’s Office. The Investigative Committee may choose to accept the recommendation or make its own recommendation. The recommendations it may make include:
- Close the case with no action
- Close the case with a Letter of Concern (LOC)
- Table the case to allow time for additional information
- Continue the investigation to collect documentation that the Investigative Committee has requested
- Request an investigative interview where the Savannah Metro Area physician will appear before the Board
- Send the case to peer review so other physicians can determine if a standard of care was breached
- Disciplinary action in the form of suspension, revocation, or other Board order, which is sent to the Attorney General’s Office
- Refer the case to other licensing boards
- Refer the case to law enforcement agencies
Determinations
The Investigative Committee brings its recommendation before the full Board, which will take a vote. The Board will generally take one of three options:
- Close the case with no action
- Take private action
- Take public action
Public action is formal disciplinary action; these include:
- Fines
- Licensure limitations
- Public reprimand
- Probation
- Suspension
- Revocation
- Voluntary surrender
There are a few ways that a public action may occur. Your case may be decided in a public hearing. This is rarely the case; most of the time, your case will be resolved by a consent order. While the action taken against you through a consent order is still made public, you aren’t subjected to a hearing, and you have better control of the outcome. Your LLF National Law Firm attorney will negotiate on your behalf. Our attorneys are well-versed in the Savannah Metro Area physician disciplinary action process, and we frequently can mitigate the damage to a physician’s license and career.
If a public action is taken against your license, it will be published on your license profile and on the Board’s website of disciplinary orders.
If the Board is attempting to revoke, suspend, or take serious action against your license, your case will be sent to a formal hearing.
Formal Hearings and Appeals
If you disagree with the Board’s public disciplinary action against you and your Savannah Metro Area medical license, you are entitled to a formal administrative hearing before an Administrative Law Judge (ALJ). A formal hearing is a legal proceeding, and going in without an attorney would be a grave error. There are timelines, specific filings, and rules of evidence that you must abide by. An ALJ’s tolerance for errors will be low. Further, just like you wouldn’t represent yourself without an attorney in court, this is no different. Your LLF National Law Firm will present your defense, call witnesses, and put forth evidence on your behalf.
After the hearing, the ALJ will make a recommendation to the Board. The Board will then decide to adopt, adopt and modify, or reject the ALJ’s decision.
Disciplinary Action and the Interstate Medical Licensure Compact (IMLC)
When the Board takes disciplinary action against your Savannah Metro Area medical license, your ability to practice elsewhere will be affected. Leaving the Savannah Metro Area might seem like the best way to solve your problems, but disciplinary action will follow you. For starters, the Board will be reporting the disciplinary action to the National Practitioner Data Bank.
Additionally, Georgia is part of the Interstate Medical Licensure Compact (IMLC). This may be how you received licensure to practice in the Savannah Metro Area or how you’ve obtained licensure elsewhere. If you have licensure in another IMLC participating state, the Board will notify the medical board in the other state of your disciplinary action.
If you attempt to apply for licensure in another state using IMLC, your Georgia Board action will be visible and can hinder or prohibit your ability to obtain licensure elsewhere. Even if you’re attempting to get medical licensure outside of the Savannah Metro Area and Georgia altogether, you will be required to disclose your disciplinary action on any subsequent medical licensure applications.
Who We Help in the Savannah Metro Area
At the LLF National Law Firm, we have represented physicians throughout the Savannah Metro Area, including those practicing in Savannah, Statesboro, Hinesville, and Jessup. Our physician clients have worked in a wide range of settings, from large hospital systems to private practice and surgery and rehabilitation centers. Many of the physicians we have worked with have been employed at some of the area’s largest healthcare systems, including Memorial Healthcare and St. Joseph’s/Candler Health System, as well as SouthCoast Health. We also have clients who have worked in the Mercer University School of Medicine and its associated residency program. Other common employers of our former clients include Community Health Services, Georgia Institute, Georgia Regional Hospital, Savannah, Coastal Harbor Treatment Center, and more.
If You’re a Physician in Trouble, the LLF National Law Firm Can Help
Being accused of misconduct as a physician can feel isolating. You’ve always helped others, but it’s time to let a licensed defense attorney at the LLF National Law Firm help you. We’re here to support you through this stressful time and do everything in our power to preserve your Savannah Metro Area medical license. Call our Professional License Defense Team today at 888-535-3686 or contact us online.