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

/in /by

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

/in /by

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.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains: Is My Nursing Licensure Case Criminal or Civil?

/in /by

Nurses sometimes come to my office for a consultation regarding a licensing issue, and one of the first questions they ask is “can I go to jail for this?” The difference between jail-worthy offenses—criminal matters—and cases with “only” licensing consequences—civil matters—is not always clear, and depending on the conduct in question, the nurse’s case could end up being criminal, civil, or both. Because I so often get questions about the intricacies of these matters, I have written the following blog post to explain the difference.

If you are a nurse 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. 

How Criminal Charges and Licensure Allegations Can Overlap

Criminal matters can result in the state putting you in jail, or taking your “liberty” in constitutional terms. In criminal cases, a district attorney files a criminal complaint against you in court, and you usually learn of the charges by being served by a police officer or by being arrested. A significant amount of “due process” is required in a criminal case.  Due process means an opportunity to know what the accusations are against you, a chance to review the evidence against you, and a hearing where you and your attorney can confront or attack those accusations and evidence with your evidence.  Similarly, the standard of proof—beyond a reasonable doubt—is high in a criminal case, a jury usually judges guilt or innocence, and the hearing or trial process is quite formal. Licensing cases typically are not criminal matters, although they can evolve into criminal cases later on, which I will discuss further.

In contrast, a civil matter is one where the state seeks to take some “property” from you, specifically, your property interest in your nursing license. Like in a criminal case, the state nursing board cannot take or suspend your professional license without “due process.” But in a  civil matter, the amount of process you receive is far less than in a criminal case.  A board usually makes licensing decisions after a much more informal hearing.

An Example

Take as an example: a nurse who is providing her relatives opioids for their pain without a prescription. If the state nursing board is alerted to this practice, the nurse will likely receive a notice of accusations in the mail, initiating her due process rights. That letter is a civil matter. If she is found to have violated the pharmacy regulations by a preponderance of the evidence—by a likelihood of at least 51%—she will have a civil penalty such as a fine, suspension, or license revocation. However, distributing opioids without a prescription is also a crime.

If the nurse in the above example admits in her civil hearing before the nursing board that she has been distributing opioids, that information can be used against her criminally. A statement made in a civil hearing, like any statement, can be used against you, even if it is not made under oath. The Assistant Attorney General who prosecuted the nurse’s licensing issue can hand the transcript of her admission to an Assistant District Attorney who can then charge the pharmacist with felony drug distribution.

As I stated above, the burden of proof in a criminal case is “beyond a reasonable doubt,” which is much higher than the civil hearing’s “preponderance of the evidence” standard. But if the nurse has admitted to distributing the opioids, that unequivocal admission will likely meet either standard. As a result, a civil matter can quickly turn into a criminal one if the conduct alleged violates both the state regulations that govern your medical field as well as the criminal statutes.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your nursing license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the criminal implications of any allegations against you, and 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 you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with nursing licensing issues.

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains How Telemedicine Can Jeopardize Your Veterinary License

/in /by

Like so many fields, technology has made it possible for veterinarians to serve clients remotely.  Using computers, telephones, and Skype-type video links, many veterinarians in Missouri and Kansas can help patients well even when they are not physically present with the animal in need. But while these technological advances allow for quick consultations over vast distances, they also allow for several potential licensing issues. At direct issue is whether a “veterinarian-client-patient-relationship” is established between the person contacting the veterinarian and the veterinarian. This is an emerging area of law, so I wrote the following blog post to provide an overview.

If you are a veterinarian 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.

The Veterinarian-Client-Patient-Relationship

Veterinarians want to help animals and put their owners at ease.  Telemedicine has made this more accessible but relies on diagnosis of problems without actual physical exams. Because these diagnoses lack that critical foundation, veterinarians often ask whether an incorrect diagnosis could result in an allegation of misconduct or malpractice.

As I mentioned above, the key element when looking at issues involving veterinarian conduct and allegations of misconduct is the veterinarian-client-patient-relationship.  Generally speaking, a veterinarian establishes a veterinarian-client-patient-relationship when she has sufficient knowledge of the animal in question to make a preliminary diagnosis of its medical condition, and that knowledge is either based on a past physical exam or a personal acquaintance with the animal.  That means that a call-in diagnosis that lacks the foundation of an actual, hands-on exam will usually not trigger a veterinarian-client-patient-relationship, which, in turn, means that a licensing board can not bring misconduct allegations based on these telemedicine interactions.

While the Missouri or Kansas licensing boards may not be able to bring a licensing action against a veterinarian who allegedly makes a misdiagnosis or acts negligently during a telemedicine session, that does not mean that the animal’s owner could not bring a civil negligence suit. Such a case would likely allege either that the diagnosis was negligently given or that the doctor’s use of telemedicine was itself negligent, meaning that the technology was insufficient to adequately asses the animal’s condition.

Negligence means that a person had a duty to protect another person—here, an animal—and failed to make reasonable efforts to meet that duty.  In telemedicine, the veterinarian must be able to demonstrate that the exchange of medical information using electronic communication, including audio telephones, text messages, or email allowed the veterinarian to meet or exceed the minimum competent standard of practice.  Veterinarians must follow the same rules for telemedicine as for in-person visits, including meeting requirements for recordkeeping and confidentiality. Veterinarians must always base diagnoses on extensive give and take communications across emails, telephone, or video conferencing and should never rely on an intake questionnaire.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your veterinary license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you, and can mean the difference between getting back to treating animals and losing your career forever.

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 veterinary licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Licensure Issues for Anesthesiologists

/in /by

Anesthesiologists are particularly finding themselves scrutinized in the frenzy to punish anyone connected to the opioid crisis. There are also many other reasons for an allegation to arise, including patient boundary issues, alcohol and drug abuse, and misappropriation of patient money.  When anesthesiologists come to my office, they often ask what they should do if they receive an administrative allegation that they have committed some form of misconduct.  Because this is an increasingly common question, I have written the following blog post to provide an overview.

If you are an anesthesiologist 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.

When an Allegation Arises

Anesthesiologists in both Missouri and Kansas must possess a valid state medical licenses to practice medicine.  That license gives the states the ability to discipline physicians practicing in the state —such as demanding extra training or imposing license suspensions or terminations.  Misconduct allegations frequently arise from patients and their family members, co-workers, or through hospitals’ reports to a national data bank.  Some of these allegations are legitimate, while others arise from heartbroken patients and disgruntled colleagues.  Regardless of the allegation’s legitimacy, it must be dealt with aggressively.

The state cannot merely revoke an anesthesiologist’s license.  In severe cases, the license can be temporarily suspended if the physician is suspected of actively practicing in a manner that poses a risk to patient safety, such as practicing while under the influence of drugs or alcohol.  In all cases, an anesthesiologist must be provided due process before any disciplinary action can be taken against him or her.  Due process is a legal term stemming from the U.S. Constitution’s Fifth Amendment, which prevents the government from taking any “life, liberty, or property” from a person without due process.

In this context, due process means that a physician will have the opportunity to see all evidence supporting the allegations against him or her, have a chance to confront or challenge that evidence with witnesses and evidence, and will receive some form of a hearing or consideration from an administrative board.  The administrative board’s decision can then be appealed through the courts.

It is vital that you contact a licensing attorney if you receive any allegation of misconduct.  Like you are a specialist in anesthesia, you want an attorney that specializes in licensing cases.  Second, you should say nothing about your case, even if you think you are helping your case.  All of your statements can and will be used against you later, including comments you make on social media or to friends and family.  Only conversations with your attorney are “privileged,” meaning that they do not have to be produced at your administrative hearing later.  Finally, preserve all records related to the alleged misconduct, including computer files and emails. 

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever. Anesthesiology 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 the Opioid Crisis and Its Effect on Medical Professionals

/in /by

The New York Attorney General indicted the CEO and the Chief Compliance Officer of a major opioid manufacturer this week.  As you likely know, the United States is currently in the throes of an opioid crisis, and law enforcement’s frequent strategy has been to arrest those involved in distributing pain killers to the public. That means that CEO’s, manufacturers, pharmacists, and physicians are all finding themselves in law enforcement’s cross-hairs.  In my practice here in Missouri and Kansas, medical providers are frequently asking what the implications of the opioid crisis are for their practices. I have written the following blog post as an overview because this is an emerging issue of tremendous importance to those holding medical and pharmacy licenses.

If you are a medical 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.

The Opioid Crisis and Medical Providers

Physicians and pharmacists that provide patients with illegal access to opioids can face a loss of their license to practice as well as potential criminal charges. As we have seen across the country, district attorneys are eager to go beyond a mere licensure action and put medical professional behind bars.

Allegations of misconduct involving opioids can arise from several areas. Unfortunately, drug-seeking patients often make unfounded or exaggerated claims to leverage more opioids from their providers.  Other times, however, legitimate claims have arisen from families of those addicted to these powerful painkillers, alleging that medical professionals were too quick to prescribe or distribute opioids or that they failed to stop providing them after the patient displayed obvious signs of addiction.  Finally, these allegations can also arise from co-workers and hospital staff as a result of petty-infighting or legitimate concerns.  Regardless of how the allegation arises, you need to address the allegations immediately with the help of an attorney that specializes in licensing issues.

Medical professionals that have over-prescribed opioids face a challenging problem when they receive a notice of misconduct from a licensing board.  This is because while a skilled licensing attorney may be able to help you through the administrative process and, hopefully, protect your license, statements regarding a pattern of over-prescription or improper-dispensing of opioids can be used by law enforcement as evidence of criminal activity. As a result, medical professionals facing legitimate allegations are caught in a Catch-22, and it may be better to accept a penalty from a licensing board without making any statement than to make a statement to diminish the licensing penalty, only to trigger criminal charges. In some serious cases, it may be better to endure a licensure suspension in an effort to spare yourself criminal charges.  In most cases, however, a licensing attorney can both protect your license and prevent those sorts of dire consequences.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

The opioid crisis has resulted in numerous medical professionals facing licensing issues and even losing their careers permanently. You have worked too hard to attain your professional license to lose it due to an allegation of misconduct.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any claims against you, and 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 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 Discusses How Physicians Can Avoid Inappropriate Contact with Patients

/in /by

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

/in /by

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

/in /by

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.

 

 

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses How Doctors Derail their Careers

/in /by

The vast majority of physicians I know enjoy long and successful careers and stand out as pillars of their communities.  But what about those that don’t?  Some physicians derail their careers with poor judgment, addiction, and deceit. I have written the following blog post to help members of the medical community how to avoid these sorts of threats to professional licensure.

If you are a licensed professional in Kansas or Missouri facing an allegation of misconduct, 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.

Career-Ending Actions for Physicians

If you are alleged to have committed misconduct, it can mean a suspension or revocation of your license to practice medicine. You must attain experienced counsel immediately to help you through this process.  I have advised licensing boards, know how they work, and can often attain a dismissal or a significant reduction in whatever penalty you may receive. These are the most common behaviors that lead to discipline:

Self-Medication

Physicians have almost unfettered access to medications. Unfortunately, this is the most common reason for their license suspension or revocation. In recent years, the national opioid crisis has focused increased attention on physicians’ use of powerful pain medications.  If you find that you are self-prescribing these sorts of drugs and have become dependent, get help immediately.

Allowing Unlicensed Practice

Physicians are all aware of how tight margins can be in certain areas of patient care and how low repayment is from programs such as Medicaid and Medicare. Unfortunately, some physicians’ answer to this problem is to allow unlicensed professionals perform procedures that only a physician should perform. This is both fraudulent and unsafe, and physicians routinely get caught when a patient is injured, or an unlicensed employee becomes disgruntled and reports his or her former employer.

Boundary Issues

Physicians all know that they should not have sexual relationships with patients, even consensual ones. Further, everyone should know that touching someone sexually without his or her consent is sexual assault and is illegal. That said, physicians routinely find themselves in disciplinary situations because they enter into “harmless” sexual flings with clients or touch clients in ways that make them feel violated without first attaining a valid release.  Either of these issues can easily lead to a license suspension or revocation.

Failing to Disclose Past Transgressions During the Licensure Process

Doctors must be completely forthcoming when applying for licensure. In my experience, it is far better to disclose past criminal convictions, addiction issues, or other transgressions than to have this sort of conduct come to light later. As with any other field, responsibly disclosing past transgressions is difficult, but lying to cover up the transgression is usually seen as much more severe.

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

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. You need to speak to a licensing attorney as soon as you become aware that there are allegations concerning your conduct.  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 license. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with professional licensing issues.