Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Physicians Can Avoid Inappropriate Contact with Patients

Physicians are placed in complicated positions every day.  They must touch patients’ bodies and interact with patients in full or partial undress.  They must touch patients’ genitals in the course of exams. They deal with distraught patients.  On top of all of this, they have to maintain a positive bedside manner without appearing affectionate or too jovial. This is a challenging tightrope walk, and misperceptions and missteps frequently give rise to allegations of inappropriate contact with patients.

If you are a physician in Kansas or Missouri facing an allegation of misconduct involving inappropriate conduct with a patient, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Tips for Avoiding Allegations of Misconduct for Physicians

Know when to step aside—if a patient expresses misgivings about you performing a procedure or examination because of your gender, you can tell them many things about your training and professionalism to make them feel better.  However, in that situation, it is probably a better idea to ask a physician to step in that the patient feels comfortable with.

Go out of your way to respect the patient’s privacy—make privacy one of the hallmarks of your practice.  Make sure that the patient can dress and undress in a private setting and only touch and expose the patient’s body to the degree necessary.  Before touching the patient, explain what you are doing and why and ask whether the patient consents. By making this your default manner of engaging with all patients all the time, you have developed defense if you are accused of touching a patient inappropriately.

Bring in a third party—if you are performing a particularly invasive examination, ask a medical assistant to join you in the examination room after getting the patient’s consent. Having a third party present is the best possible way to insulate yourself from subsequent allegations of inappropriate conduct.

Maintain your professionalism—Never joke about a procedure or a patient’s body.  Do not talk about other patients, even if you do not use their names.  While you may find your comments amusing, it is likely that they are unsettling to a patient, especially one that does not know you very well.

What Should You Do if an Allegation is Leveled Against You?

Do not downplay the seriousness of any employer or medical board inquiry into your conduct.  Similarly, I have seen many physicians try to “help” investigators by providing a statement early in the process—this is a massive mistake.  If allegations of misconduct arise against you, do not discuss them with anyone—not coworkers, not loved ones, and not on social media—and contact an experienced licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

As a physician, you are trained to touch patients in a consensual manner that is appropriate to the examination or treatment you are providing. Your professional conduct can be misconstrued, however, leading to allegations of misconduct. You have worked too hard to attain your medical license to lose it because you failed to attain professional legal advice when you needed it. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

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

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Maintaining Your Nursing License While in Drug or Alcohol Treatment

No profession is free of addiction issues. That said, with high stress, significant opportunity for injuries, and easy access to prescription medications, nursing is a profession ripe for drug and alcohol abuse. Nurses who seek treatment for their addiction should not lose their nursing licenses or suffer a suspension while they undergo treatment.  But what is the best way to both attain the treatment you need and protect your license? That is a question that requires assistance from an experienced licensing attorney, and I have written the following blog post to answer it.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Addiction is a Real Risk

While nurses know better than anyone about the risks of alcohol and drug dependence, stress, injuries, and easy access to drugs make addiction a risk that should not be underestimated. If a nurse is found to be working while suffering from addiction in Kansas or Missouri, a range of penalties could ensue, ranging from mandatory drug testing to license suspension to license revocation.  Seeking treatment for the addiction seems like a reasonable course of conduct, but it can trigger an investigation.

Keeping Your License While Attaining the Help You Need

Working with an experienced licensing attorney, you can notify your employer of a need to take leave, even just intermittent leave, to attain drug or alcohol treatment.  Your right to take this leave may be protected under the federal Family Medical Leave Act, but you will want to notify your employer in a manner that does not trigger suspicion that you have been practicing nursing while under the influence of drugs or alcohol. You will want your notification to your employer to be specific, but it must also avoid any language that could suggest that an investigation is warranted. In the end, the goal is that your employer will be on notice of your need to seek treatment, the timeframe that that treatment will require, yet will also be assured that you will be able to return to work once again as a responsible nursing professional.

As the following description indicates, you may have a challenge ahead of you. Your priority is to get sober, and it will be easier to do that knowing that your livelihood is not in jeopardy. Having an experienced licensing attorney help, you document your needs and expectations is the first step to getting your life back in order. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

If you are attaining drug or alcohol treatment, you are taking a step in the right direction and should not be penalized for dealing with your problems proactively. That said, too often nurses are punished when they admit they have a drug or alcohol problem.  You have worked too hard to attain your professional license to lose it because you failed to attain professional legal advice when sought help. Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your nursing license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.

 

 

 

 

 

 

Kansas and Missouri Dental Licensing Attorney Danielle Sanger Discusses How Insufficiently Certified Dental Assistants Can Jeopardize Your License

I have represented many dentists in Missouri and Kansas accused of misconduct.  Allegations against dentists frequently stem from their dental assistants’ conduct, not their own.  Specifically, dentists are alleged to have allowed dental assistants and hygienists to conduct procedures that are reserved for those holding a dental license. This is a challenging allegation for a dentist, as even if he or she was unaware of the hygienists’ conduct, that failure to adequately supervise might be yet another violation.  So the dentist is in a Catch-22—either admit to allowing the uncertified conduct or admit to failing to adequately supervise. The strategy I employ to defend against these allegations varies, but I am always at a disadvantage if the dentist has already spoken to the licensing board or its investigator or has ignored the charges. If you are a dentist and are facing an investigation, contact an experienced licensing attorney immediately.

If you are a dentist in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone

Do Not Allow Dental Assistants to Perform Tasks Above their Certification Level

Specific tasks, such as observing a dental patient under anesthesia, can only be performed by assistants with special certification.  Whether because of understaffing, poor office management, or laziness, dentists sometimes allow their assistants to handle procedures for which they are not qualified. Serious accidents and death can ensue, resulting in lawsuits against the doctor along with a potential loss of licensure.

Make it clear to your employees in writing that they are not to engage in any procedure for which they are not appropriately certified.  That sort of written policy will be a tremendous aid to your case if an employee later claims that you knew that he or she was inappropriately engaging in certain uncertified practices. Similarly, pay for your employees to attain all of the certifications you could need them to have in the course of their employment. This sort of problem cannot occur if they possess the necessary certifications.

What Should You Do if You Allegations Arise?

The worst thing you can do if allegations or an investigation arises against you is to respond.  You have probably heard the saying “everything you say can and will be used against you” on crime shows—the same thing applies here.  While you may feel that the best thing to do is to be honest and upfront when questioned by an investigator, this impulse will prove to be disastrous.  Instead, tell the investigator that “I would be happy to speak with you about any questions you may have, but will want to consult with an attorney first.”  Once you hire an attorney, do not discuss the incident or allegations with anyone other than your attorney, as those non-privileged conversations can be used in court against you as well.

Contact an Experienced Kansas and Missouri Licensing Attorney Now for the Advice You Need

If you are a dentist in Missouri or Kansas and have received a notice of investigation, your livelihood and career are in jeopardy. You have worked too hard to attain your dental license to lose it because you failed to attain professional legal advice when you needed it. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your professional conduct or ethics.  Contacting an experienced licensing attorney now can mean the difference between getting back to helping your patients and losing your career forever.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend your dental license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.