Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains the Effects of a Medical Malpractice Lawsuit on a Medical License

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I often counsel physicians who are in the midst of a medical malpractice case. Most commonly, their attorney in the malpractice lawsuit asks them to consult with a licensing attorney because the facts arising in the malpractice case may give rise to discipline in the form of a suspension or revocation of their medical license.  They usually ask whether being sued for malpractice means that they will also lose their license to practice medicine. Unfortunately, the answer to that question is not necessarily straightforward.  I have written the following blog post to provide an outline of the factors that influence whether a malpractice case will result in discipline as well.

If you are a physician in Kansas or Missouri currently involved in a medical malpractice case and are wondering if you will next be 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.

Medical Malpractice vs. Misconduct

The first thing to understand about medical malpractice is that neither a court nor a jury can revoke a physician’s license to practice medicine—only a state medical board can do that. While a malpractice lawsuit can ruin have grave financial and reputational consequences, it may or may not have any implications regarding your ability to practice medicine in the long run.  But how can you know whether it will or not result in discipline? To answer this question, you must first understand the difference between negligence and misconduct.

A malpractice claim alleges that a physician was negligent, meaning that he or she failed to meet the standard of care owed to a patient reasonably.  The reason for that failure can vary widely, from overwork and exhaustion to drug addiction to failing to keep up with cutting edge advances in a specialty. While some of the allegations underlying a medical malpractice claim may trigger a licensing issue—drug addiction or inappropriate contact with a patient—many do not.  A doctor who worked reasonably to heal a patient but fell short of either patient’s desired outcome or the medical community’s expectations may not have any discipline result from the malpractice claim against him or her.

A misconduct allegation alleges that a physician has recklessly or intentionally engaged in conduct that threatened or threatens his or her patients’ safety.  Drug abuse, alcohol abuse, inappropriate boundary crossing with patients, criminal acts such as falsifying medical records, and other fraud all fall into this category.  While a malpractice claim and misconduct allegation can stem from the same incident, the level of intent involved in misconduct is elevated.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license.  Enduring the stress of a malpractice claim is intense, but you owe it to yourself to also examine whether that claim will have licensing implications as well.  An experienced licensing attorney can explain your risk exposure, the misconduct hearing process, the consequences of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever. Medicine is a rewarding career—don’t let allegations of misconduct end it prematurely.

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

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Most Common Ethical Violations for Psychologists

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There are many ways that a psychologist can lose his or her license, including false claims, allegations of boundary violations, breaches of confidentiality, and many more. When psychologists come to my office because a state licensing board is investigating them, I often find myself providing them a laundry list of conduct that is viewed negatively by investigators. I have turned that overview into the following blog post.

If you are a psychologist 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.

Ethical Considerations for Psychologists

Psychologists are acutely aware of the sensitive nature of their profession.  I often find, however, that their instinct to help their clients overrides their survival instinct, meaning that psychologists too often ignore warning signs in their psychologist-patient relationship that could lead to licensing issues later.  When allegations arise, regardless of how serious they seem at the time, your best move is to contact a licensing attorney immediately to make sure that those concerns do not end up costing you your career.

Relationships with patients often doom a psychologist’s career. Providing psychological or counseling services to a romantic partner, business partner, or friend is the most common cause of allegations of misconduct, especially when the psychologist used the relationship with the client to better him or herself financially.  Refrain from any sexual conduct with clients, even after the psychologist-client relationship is terminated. While you may be able to compartmentalize different aspects of your relationship with a client, they are unlikely to see the relationship similarly.

Never breach a client’s confidentiality. Obviously, this means not sharing information from their session with third parties you bump into socially, but it also means only providing insurance companies, employers, and others with a “need to know” only the minimum amount of information.

Be very clear with clients about billing. I find that misconduct violations can arise from billing issues, as clients tend to view a psychologist negatively if he or she believes that the psychologist is stealing money from them.  Be clear about how billing will occur, what services will be billed for, and rates you charge.  A client should not be surprised when he or she receives your bill for services.

Stay within your area of expertise.  Do not let the prospect of a new client lure you into practicing outside your area of professional expertise.  If you are not familiar with the problems your client seeks help for, advise them of other psychologists in your community that can serve them. You are far more likely to make mistakes if you are practicing in an unfamiliar area of psychology.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Your life as a psychologist is not only a richly rewarding career, but it’s your identity in your community—you have worked too hard to attain your license to practice to lose it.  Contact an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you—that call can mean the difference between getting back to helping your patients and losing your career forever. Don’t let claims of misconduct end your career as a psychologist prematurely.

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