Kansas and Missouri Professional Licensing Attorney Danielle Sanger: What to Do if You Are Confronted About Misconduct

/in /by

Whether you are a doctor, a nurse, a pharmacist, or physical therapist, your license is one of your most important possessions and is critical to your livelihood. While it took you years to attain your license, it can be taken from you in an instant because of a simple mistake or lapse of judgment.

As an experienced licensing attorney, clients often ask what to do if they are confronted with allegations of misconduct or are being investigated. Before I get into those individual ways, I must stress that if you find yourself being investigated, there is no time to waste, contact a professional licensing attorney immediately. The following are the five of the most commonly seen ways that medical professionals lose their licenses

As a medical professional, you are accustomed to being trusted and listened to.  So when an investigation into your conduct is initiated, it can be difficult to know how to respond to people questioning your credibility and judgment. Remember, because this is not a criminal investigation, no one is going to read you your Miranda warning even though everything you say can be used against you later.

What Should You Do if You are Confronted About Misconduct?

You could be confronted at work regarding misconduct for many reasons.  Again, remember that anything you say will be used against you later and that you are unlikely to be able to “talk your way out of” the allegations against you. That initial confrontation will likely catch you by surprise, and in that emotional state you are unlikely to do much to help your defense. Be polite, but request to speak with an attorney before making any statement regarding the allegations against you or providing any urine or hair samples. Your employer or human resources may try to reassure you by stating that your statements will be held confidentially, but that promise—even if it is true—does not mean that they cannot take employment action based on those statements.

What Should You Do if You are Arrested in the Workplace?

Obviously being arrested for a criminal matter in the workplace is a serious matter and you will need criminal representation immediately. Even a minor criminal conviction can have serious impacts on your professional licensing. You will likely be obligated to report your conviction to your licensing board, either immediately or upon renewal.  Do not try to get away with omitting your conviction. Lying about a conviction is often held to be more serious than the conviction itself. That said, if you are convicted and disclose it, you may be subjected to disciplinary action. You will need an experienced licensing attorney who has appeared before administrative boards to represent you.  Attorney Sanger has exactly that sort of experience and can best position you to avoid a suspension or loss of license.

What Should You Say to an Investigator?

When investigators contact you, be polite and ask to speak to your attorney prior to making any statement.  While an investigator may make you feel like you should help them or that being cooperative will better your predicament, these are just techniques aimed at procuring a statement from you. Once you have retained counsel, your counsel may make a statement on your behalf or help you prepare for an official interview.

Obtain Legal Help Now

If you are a medical professional in Kansas or Missouri and are facing an investigation or threat to your license, call Danielle Sanger today.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for medical professionals.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains What Physicians Should Do if Accused of Cheating on Board Examinations

/in /by

As a physician, your board certification is your ticket to a career and livelihood. I am sometimes asked whether that board certification can be jeopardized by allegations of cheating. The answer to that question is definitely “yes.’ If you find yourself asking this question because you have been accused of cheating on a board examination, you need to retain a competent licensing attorney immediately so that your medical license can be protected proactively. The Sanger Law Office has a long track record of successfully providing this sort of defense to Kansas and Missouri physicians.

It caught most licensing attorneys attention in 2010 when the American Board of Internal Medicine (ABIM) investigated and sanctioned 139 physicians accused of participating in cheating on a board exam. This is a cautionary tale for anyone taking an exam to attain board certification, as the penalties for these physicians were severe. Specifically, they had their board certifications revoked or suspended for one to five years. As you can imagine, that sort of delay in being able to practice in your chosen specialty has tremendous financial and reputational harm.

Steps To Take if You Are Accused of Cheating on a Board Certification Exam:

This is simply too serious a situation to try to resolve it on your own.  Hire an experienced licensing attorney immediately. Attorney Sanger has the experience you need to successfully represent you before professional and administrative bodies. Be honest with your attorney.  He or she can only represent you if they possess all of the relevant facts.  The worst thing for your defense is for your attorney to be caught off guard by facts they were unaware of.

Do not share your story on social media, in emails, or in writing.  Those communications can easily be shared and passed along to the professional or administrative body investigating you.

Inform your employer that these allegations have been made against you. Being forthcoming about this situation may preserve your position and will show that you are acting in good faith. If you alert your employer to these allegations, you may be able to renegotiate your contract, take on different duties, and otherwise preserve your livelihood while these allegations are pending.

Keep track of deadlines. Make sure that your attorney is aware of deadlines and that all deadlines are met. If you need an extension, ask for it in writing and make sure any approval is also in writing. Hiring an attorney to keep track of deadlines and filing requirements is the best way to manage these complex requirements..

What Should You Do If You are Accused of Cheating?

You have rights if you are accused of cheating on a board certification exam.  You have a right to due process before a decision is made that strips you of your career.  This is not the sort of due process you might see in a courtroom, but it is no less important. Having a zealous advocate by your side challenging the validity of the evidence against you and challenging or cross-examining those who testify against you is not a luxury, it is a necessity.

If you are a doctor in Kansas or Missouri and are facing a threat to your board certification, call Danielle Sanger today.

Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for physicians facing occupational discipline.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: Why Do False Claims of Sexual Misconduct Arise

/in /by

False claims of sexual misconduct arise against medical professionals, and those claims jeopardize your professional licensure. Whether you are a doctor, a nurse, or physical therapist, your license is critical to your livelihood. While it took you years to attain your license, a claim of sexual misconduct can it can be taken from you in an instant because of a false claim. But why would someone make a false claim against you?

Before answering this question, it’s critical to understand that if a claim of sexual misconduct is made against you, you must retain experienced licensing counsel immediately. Given their nature, there is often little or no physical evidence supporting these claims, so having a skilled attorney that can attack your accuser’s motives and credibility is vital. Attorney Sanger has represented hundreds of medical professionals in Kansas and Missouri and is the sort of advocate you need by your side if your licensure is threatened.

Revenge or Refusal to Perform Illegal Procedures

Patients sometimes ask their medical professionals to lie on their behalf. Whether the lie is to extend a disability benefit that they no longer have a right to or to access painkillers that they no longer need, some patients have a motive to get a medical professional to cheat the system and provide them with undue benefits. If the medical professional refuses, the patient threatens or makes an allegation to attain leverage or revenge. Obviously, any such requests by patients need to be refused. Your refusal should be documented should your actions or credibility need to be established later.

Self-Gratification

Being sexually attracted to other people is normal. Patients sometimes proposition medical professionals sexually. Hopefully, the professional possesses the requisite level of character to refuse such offers. Unfortunately, while the medical professional acted appropriately, the refusal can anger the patient, who then makes a claim out of self-gratification.  That means that the claim is driven by either retaliation for being rebuked or the fantasy of a mentally unstable patient. If a patient propositions you sexually, it is again important to document the proposition and refusal in case a subsequent false claim arises.

Money

False claims of sexual misconduct sometimes arise because the patient believes the medical provider will pay them to be quiet or go away. There is a common perception that medical providers have money to burn, so some patients believe that their false claims could result in a high dollar payout. Even if you could pay your way out of the problem, however, you are just prolonging the problem. A patient paid once will return for more later. This is never a satisfactory way of dealing with a claim of sexual misconduct. The payment themselves will make you look guilty, and there is still no reason the patient cannot make a formal claim of misconduct.

With the help of experienced counsel, you can successfully defend your license from a claim of sexual misconduct. But trying to deal with the situation informally or on your own will likely end in disaster. Only an experienced licensing attorney can protect your licensure as a medical professional and your livelihood.

If you are a medical professional in Kansas or Missouri and are facing a claim of sexual misconduct, call Danielle Sanger today.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for medical professionals.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger: How Should a Medical Professional Respond to a Subpoena?

/in /by

Receiving a subpoena—a legal request for your documents or for your presence at a formal, recorded interview—is often a first clue that there may be a claim against you. The records you deal with on a daily basis are often the foundation of a patient’s lawsuit against you or your hospital.  But how should you respond to receiving a subpoena for those records?

Why Would You Be Subpoenaed?

If you are being subpoenaed, something you did is of interest to a party in a lawsuit. It does not necessarily mean that you have done something wrong or that you are personally being sued, A subpoena can be a request for documents—a subpoena duces tecum—or for your presence at a recorded interview.  This blog post is concerned with the subpoena duces tecum, a request for records. This sort of subpoena usually requests your treatment records regarding a patient or patients.

A subpoena duces tecum can either be made in the context of a trial or in the context of “discovery,” which is the legal process through with parties exchange information preceding a trial. In the end, both types of subpoena duces tecum are just looking for documents, but the level of certification of accuracy in a trial subpoena is higher.

If you are subpoenaed, contacting an experienced attorney can help you determine whether you should respond, what documents you should provide, and whether the subpoena is something that should cause you professional concern. Attorney Sanger is experienced in providing medical professionals in Kansas and Missouri this sort of review and advice.

Do I Always Have to Respond to a Subpoena?

When you receive a subpoena, it will say the court that has jurisdiction over it and the parties that are in a legal dispute.  it will also which party sent it, and what documents they want you to produce. After reviewing that information, the question is, do you have to respond?

If you receive a subpoena from an out of state party or court, you are likely not subject to their jurisdiction and may not have a duty to respond. Deciding that you do not have to respond is not a simple decision, nor is one to be made lightly.  Contact an attorney with experience representing medical professionals if you are unsure about whether you are subject to a subpoena’s jurisdiction.

Similarly, if the subpoena requests a patient’s protected health information or PHI, you may be legally prevented from providing the information by HIPAA. If the subpoena seeks PHI, it should have an accompanying HIPAA release allowing disclosure. If it does not, you should not provide any PHI until you receive one.

How Long Do I Have To Respond?

How long you have to respond to a subpoena depends on what type it is.  If it is a trial subpoena, meaning there is an active trial underway, you may only have a few days to respond. However, if you have a discovery subpoena, you will likely have weeks.  In either circumstance, you should not just provide documents because you feel time pressure.  You can usually negotiate for more time if you need it, and it is a good idea to have counsel reach out on your behalf.

If you are a medical professional in Kansas or Missouri and are facing a threat to your license, call Danielle Sanger today.

Only an experienced attorney can determine whether a subpoena duces tecum is a routine request for information from a broad class of individuals or a prelude to an attack on you, your licensure as a medical professional, and your livelihood. Having experienced counsel help you through this process is vital. Receiving a subpoena begins a legally-intensive response process. It is important to proceed with caution and to attain skilled legal counsel to help you find the best path forward.

Kansas Professional Licensing Attorney Danielle Sanger is prepared to advocate for your best interests and defend your livelihood and career. Call Attorney Sanger today at 785-979-4353 to schedule a free consultation with an experienced and aggressive attorney for medical professionals.