When a complaint gets launched against a physician, it is up to a medical licensing board to determine the validity of the complaints and decide on the physician's appropriate punishment.
There are different types of complaints a medical practitioner can face a medical licensing board for, including negligence, misconduct, and sexual harassment. If the medical licensing board finds the doctor at the fault of the complaints against them, they can temporarily suspend or completely revoke their license.
Thus, before attending the complaint hearing, it is advisable to seek the counsel of a medical license defense attorney. Even if a doctor is fully capable of defending themselves against the alleged complaints, it is still beneficial to have a medical license defense lawyer to assist. Here are four essential services that a medical license defense lawyer can provide.
Building a Defense Argument
When facing a medical licensing board, it is essential to have a strategic defense against the complaints before walking into the hearing. Building a strong defense includes analyzing the claims against the doctor and coming up with evidence that proves the claims are either false or a misunderstanding.
In most cases, when a doctor has a complaint against them, they might face mandatory leave from work to facilitate a thorough investigation by the medical licensing board. Thus the accused physician is not in a position to conduct an investigation into the claims or gather evidence against the claims levied against them.
However, medical license defense attorneys can investigate the claims and are capable of collecting evidence and witness statements that will help in the physician's defense against the claims.
Advising the Defendant on How to Answer the Medical Licensing Board
During a hearing, the accused medical practitioner will have to answer a battery of questions and provide a statement regarding the claims against them. The defendant needs to answer the questions truthfully but, most importantly, avoid incriminating themselves with their answers.
Thus, it is essential to have a defense attorney present to guide the accused doctor on answering the questions without incriminating themself. Additionally, a medical defense attorney can help cross-examine the plaintiffs who filed the complaint during the hearing to discredit the validity of their claims.
Minimizing the Severity of the Punishment
If the board determines the accused doctor is at fault, it will provide a suitable punishment for the doctor. In most cases, the punishment is usually a temporary license suspension or revoking a doctor's license. If it is a first-time complaint, a medical license defense attorney can argue on behalf of the accused doctor to have their license suspended for some time instead of revoking their medical license.
Appealing for License Restoration
If a doctor faces a medical licensing board without proper defense, they usually get their licenses suspended or revoked. However, if the doctor wishes to appeal the suspension or revoking of their license, they should get a medical license attorney for the appeal. An attorney will review the proceedings of the previous hearing and determine the best way to re-appeal the medical licensing board's ruling with new arguments and evidence to reinstate a doctor's medical license.Share