Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Medical Board Licensing Cases—Negligence Allegations

While there are many types of allegations against medical professionals, what I most commonly see are negligence claims. I think that society’s high expectations for the medical profession make this type of allegation especially prevalent.  Patients begin treatment with lofty hopes of being completely healed in a short period of time, even when that result is clearly unrealistic. Because there is a natural desire to find blame when things do not go as people hope, negligence claims often ensue when a patient’s health does not improve to the expected level. As we all know, however, many factors influence a patients’ ability to heal, and a failure to heal does not necessarily imply that the doctor was negligent. Many times, the patient’s poor health beforehand or a failure to follow up with prescribed therapies is the real reason the patient did not recover.  In the end, society’s expectations for medical professionals far exceed the degree of accountability we show for our own health.

Medical professionals must understand the theory of negligence to avoid career-ending complaints. Because I receive so many questions about this sort of claim, I have written the following blog post to explain the basics.     

How Can a Negligence Accusation Cost Me My South Carolina Medical License?

What is negligence?  To be found negligent, a medical professional must fail to meet the standard of care for a patient that would reasonably apply under the circumstances, resulting in some harm. As a medical professional appearing before a medical board or hearing officer, you will have to show that you were not negligent. For the state to prove negligence at a hearing, it will have to demonstrate that you had a duty to care for the patient bringing the allegation, you failed to meet the standard of care for treating the patient under the circumstances, and your failure caused them harm.

As I am sure you have gathered, the negligence standard is not a well-defined “bright line.” Instead, it is a subjective standard, meaning what is “reasonable” will depend upon the person judging reasonableness and the circumstances in which the conduct occurred. For example, a battlefield medic operating under hours of withering enemy fire will be held to a lower standard of care than a well-rested physician working in a well-staffed, cutting-edge medical facility.

Because there is so much room for interpretation in the negligence standard, it is vital that you have a skilled licensing attorney help you through the hearing to make sure facts are portrayed in a light most favorable to you and that witnesses are skillfully cross-examined.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider in Kansas or Missouri contacted by a state licensing board should contact experienced counsel immediately. Your license to practice is in jeopardy, and these initial moments are crucial. Trying to be helpful or “playing along” may seem like the easy way to go, but it may not be in your best interest. You have no obligation to speak to anyone without counsel present, and talking to an investigator without counsel may be a fatal error. Contacting an experienced licensing attorney to help you through this process and can mean the difference between getting back to helping your patients and a license suspension or revocation.

If you are a medical professional in Kansas or Missouri and are worried about your license, call attorney Sanger now.

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.

 

 

 

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