All licensed medical professionals must meet a certain standard of care and comply with board regulations in order to continue practicing medicine. If a physician is suspected of a violation, the state medical board may initiate an investigation to consider disciplinary action against him or her. A letter of self-report, a complaint, or an accusation of medical malpractice can all give the board reason to initiate a case to evaluate a physician's eligibility as a licensed professional.
The Board Investigation Process
After the board determines that there is reason to begin an investigation, a lawyer from the medical board will send the physician in question a certified letter notifying him or her of the pending investigation. The letter will include a subpoena for medical records and other documents that are considered to be relevant to the case. The board will likely ask for a response from the physician with his or her stance regarding the accusation, complaint, or charge that he or she is facing.
The next steps in a medical board investigation may include:
Collection of medical records or other pertinent documents Interviewing witnesses Contacting the physician for questioning (unless he or she has retained an attorney) Review of evidence by medical board lawyersOnce the board legal team reviews the evidence in the case, they will decide whether there is reasonable cause to pursue disciplinary action. If so, the physician in question will be scheduled for a hearing to determine what steps the board will take.
How an Attorney Can Help
If you are facing a medical board investigation into your licensure, it may be in your best interest to hire a license defense attorney. You will be facing an experienced team of medical board lawyers who may be more inclined to pursue disciplinary action than to fully review your case and your defense. Retaining an attorney can help to ensure that your legal rights are upheld, that you have a sound legal defense, and that you are given the fair hearing to which you are entitled.
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