Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Complaints Based on Uterine Cancer Treatment Negligence

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Licensure actions often come hand-in-hand with a claim of negligence against a physician. My physician clients often ask me to provide an overview of trends that I am seeing here in Missouri and Kansas or nationally. Once such trend is negligence claims based on a physician’s failure to diagnose uterine cancer. Specifically, the issue is that recent research indicates that physicians are frequently under-diagnosing this serious, terminal disease, which often exacerbates its spread throughout the patient’s body, often resulting in death. This research is particularly relevant for gynecologists, who may soon see a change in the standard of care associated with performing hysterectomies and the tests associated with that procedure.

If you are a licensed physician in Kansas or Missouri facing an investigation for an issue related to gynecology or any other medical field, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Attorney Sanger is well versed in the types of negligence cases that lead to licensure issues and can likely quickly tell you whether your career is at risk.

Negligence and Ever-Changing Standard of Care

In the medical context, negligence is defined as failing to meet the standard of care that a reasonable physician would have met under the same circumstance. For example, a battlefield doctor performing an appendectomy with only a few surgical tools as bullets whiz by is going to have a different standard of care than a physician performing the same procedure in a fully staffed university teaching hospital. Similarly, the standard of care ratchets up as research occurs indicating best practices in a specific specialty. As the standard increases, physicians are expected to increase their skills and knowledge with it.  Accordingly, negligence is a subjective standard that changes as the standard of care evolves.

Uterine Cancer Research Results in Intriguing Conclusions

I have linked to an article describing an interesting study below from Yale’s Obstetrics & Gynecology medical journal. This is an excellent example of a standard of care increasing as a result of research.  The study concludes that doctors frequently underestimate how frequently a woman has uterine cancer.  This is troubling, as a failure to diagnose uterine cancer can lead to its spread and, ultimately, the patient’s death. The Yale study found that one in 20 women over 55 who were treated for seemingly benign symptoms had malignant cancers in their uterus.  One in 10 women over 55 that underwent hysterectomies had undiscovered malignant tumors. Overall, one in 50 to one in 70 women had undetected cancer discovered after a hysterectomy.  That is a very high number for such a dangerous condition.

The Yale study may result in a shift in the standard of care for gynecologists. While gynecologists may have been excused for missing uterine cancer in the past, given this new information, that same error is likely to be construed as a negligent failure to meet the standard of care for their profession.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any Kansas or Missouri physician in the midst of a medical malpractice or negligence case should also contact experienced licensing counsel immediately. Your license to practice is in jeopardy, as negligence is a ground for license revocation in both Missouri and Kansas.

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—Licensing Issues for CPA’s

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Certified Public Accountants are highly-trained and highly-respected members of the community. The key to practicing as a CPA is your license. For a variety of reasons, accountants are sometimes accused of engaging in unethical practices or misconduct. Sometimes these complaints are false or are retaliation by a disgruntled client. Other times, unfortunately, they are the result of an ethical lapse by the CPA. Either way, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline why discipline could occur and what you should do if an allegation arises.

If you are a CPA in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and you cannot work your way through this alone.

Can the State of Missouri or Kansas Just Take My CPA License?

No. Legally, your CPA license is your “property,” just like a piece of land. The United States Constitution’s Fifth Amendment guarantees that the government cannot deprive you of life, liberty, or property without due process. But what does “due process” mean? While in a criminal trial you have a right to a jury and other elaborate process, a license action only requires a hearing before an administrative hearing officer or board. In this context, due process means that the state must afford you notice of all the allegations against you, an opportunity to prevent your defense to a hearing officer or board, and consideration of your position. But make no mistake, an administrative hearing is just as contentious as a criminal trial, and your career hangs in the balance.

What Should You Do if You are Accused of Misconduct or Unethical Behavior? 

Panicking Will Not Help

While a claim of misconduct or unethical behavior is serious, there is no reason to panic. Given the numerous regulations that CPA’s must follow and the number of clients they see, an allegation is inevitable.  That said, with the help of experienced licensing counsel, you will likely be able to navigate this process and position yourself for many more years of practice.  While this is a dark time, it will not remain so forever.

Attain Counsel Before Speaking with Any Investigators

As you have likely seen on television crime shows, “you have the right to remain silent” and “everything you say may be held against you.”  The problem is that you will likely not be given that sort of “Miranda” warning, as this is not a criminal matter. Instead, many CPA’s try to go it alone or talk their way out of the problem. Investigators love it when you do that, as you are providing them with exactly the information they need to find a violation. The investigator may seem helpful and sympathetic, but that is often just a ruse to get you talking. Do not speak with any official without counsel present.

Preserve All Records

Do not delete records related to any inquiry into your conduct. Such destruction, even if done innocently, will suggest guilt later. Instead, preserve all documents and turn off any automatic archiving software.  Next, compile all records pertinent to the matter so that you and your

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any CPA in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. 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.

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 CPA licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Trends in Medical Board Licensing Cases—“Health Coaching”

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People often ask me what sort of trends I see in medical license defense. One of the most common areas revolves around medical professionals acting as “health coaches” in areas that are beyond their licensure. What usually happens is that a person begins to advise beyond their licensed specialty, and they tell themselves that this advice is allowable because it is merely “coaching” and not actually the practice of medicine. As you can imagine, the line between acting within a license and “coaching” patients illegally is blurry, at best, and crossing it can lead to the revocation of your hard-earned license. I routinely see clients accused of practicing medicine without a license and false advertising.

If you are licensed medical professional in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk, and you cannot work your way through this alone.

What is the Problem with Health Coaching?

Health coaching is a relatively new and amorphous field that encourages healthy and sustainable living through changes in diet, exercise, outlook, and lifestyle.  It is a field that lives in the margins between other already established professions. It is similar to medicine, nutrition, psychology, and other fields such as massage therapy and physical therapy. The problem is that each of those fields already has a body of knowledge, training, and expertise that is required of its practitioners, and each field requires a license. While health coaching is not illegal, in practice it often drifts into one of these other professions’ areas of control. When that boundary is transgressed, licensure issues arise.

As a medical professional, you know that at the core of the practice of medicine are two actions—diagnosis and treatment. A medical professional can diagnosis or determine a problem and prescribe treatment for that problem, whether it is a medication or a therapy.

As a hypothetical, imagine you have a chiropractic license but are well read about nutrition and have a passion for helping people through their diets. There may be an impulse to start advertising yourself as a “health coach” to begin working with patients who have issues that you cannot treat through chiropractic care alone. While it may be alright to encourage people to eat a balanced diet and to encourage them to avoid unhealthy foods, but when you start telling them what sort of food they should eat to treat a particular physical ailment, you are going beyond coaching and are actually working as a medical doctor or nutritionist. When you begin diagnosing and treating a condition outside of your chiropractic licensure, you are setting yourself up for a complaint that puts your entire license at risk.

How will you know if you are crossing that line? If you are treating a condition, you will likely be reviewing lab tests, looking at genetic data, or prescribing specific treatment based on medical questionnaires or family health history. That sort of review suggests that you are trying to diagnose and treat a problem. If that treatment or diagnosis is in an area outside of your area of licensure, you are risking your license. Similarly, if you are advertising for this sort of treatment and lack the licensure to provide it, you are risking a false or misleading advertising claim.

While a patient may be happy with the “coaching” you have given them, those practicing in the field you have drifted into have a serious incentive to file a claim about you to the applicable Kansas or Missouri licensing board. Those boards are also keenly interested in protecting the sanctity of their fields and are unlikely to give you the benefit of the doubt when you cross into their regulatory area.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by a state licensing board should contact experienced counsel immediately. Your business and license to practice are 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.

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Trends in Veterinary Licensing—Telemedicine

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Like all professions, veterinary medicine is now online. Just ten years ago, there was insufficient broadband and infrastructure to support a genuinely on-line veterinary practice. Now both of those problems have been solved, and veterinarians have almost boundless ability to interact with patients. But while the technological boundaries have fallen, the legal and licensure boundaries remain.

Where is the line between illegally practicing veterinary medicine in a state without a license and helping a long-time patient who is on vacation in another state? The line between legal and illegal practice is not as bright as it was before the internet, as patients can now reach out to you for advice from around the world. With this significant advantage comes extra regulatory scrutiny. Crossing an already blurry regulatory line can lead to the revocation of your hard-earned veterinary license, especially when the allegation involves the illegal or improper prescription of medications. I routinely see clients accused of practicing veterinary medicine without a license, and they usually come to me devastated.

If you are licensed veterinarian in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk, and you cannot work your way through this alone.

What is the Challenge with Tele-Veterinary Medicine?

The critical thing to remember is that as a Kansas or Missouri veterinarian, your veterinary medicine license is tied to a specific state. While your clients may travel and rely on you wherever they go, your license is constricted by the boundaries of its issuing state.

Second, as a veterinarian, you should look to the guidelines set by American Veterinary Medicine Association, or AVMA, for whether your behavior is reasonable. In this area, the AVMA focusses on the veterinary-client-patient-relationship or VCPR. The VCPR is significant, as it provides a reasonable picture of what will be viewed as legitimate telemedicine.

Under the AVMA’s model, the VCPR establishes when the veterinarian has an ongoing relationship with the patient animal that is sufficient to allow for diagnosis and treatment planning. Given this guideline, it is reasonable to provide long-distance advice to a client about their pet while they are out of state, as the veterinarian in question has an ongoing treatment relationship with the patient animal.

That said, the opposite facts may lead to an allegation of malpractice. If a prospective client calls a veterinarian from out of state about a patient animal that the veterinarian has never treated, it is unlikely that any VCPR exists. Accordingly, that sort of treatment should be avoided.

Even if the there is a VCPR, distance creates another challenge. While a veterinarian may be able to make a general diagnosis based on some “tell-tale” symptoms and the patient animal’s health history, that diagnosis still suffers from not having the patient animal present for an examination. Claims of malpractice can arise when a veterinarian does not meet the standard of care for a given situation, and the standard of care does not differentiate between a long-distance diagnosis and one done in-person in a clinic. While not a silver bullet, having tele-veterinary medicine patients sign a disclosure acknowledging the limits of a distance diagnosis may prove useful.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any veterinarian in Kansas or Missouri contacted by a state licensing board should contact experienced counsel immediately. 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 veterinarian 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.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Explains Licensing Threats for Chiropractors

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Chiropractors are a highly-trained and highly-respected members of the medical community. The key to practicing as a chiropractor is your state-issued chiropractic license. For a variety of reasons, patients sometimes make false claims of misconduct against chiropractors; other times, unfortunately, chiropractors engage in misconduct themselves. Either way, aggressive, experienced licensing counsel is critical to defending your license and livelihood from a suspension or revocation. I wrote the following post to outline why discipline could occur and what you should do if an allegation arises.

If you are licensed medical professional in Kansas or Missouri facing an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk, and you cannot work your way through this alone.

The Most Common Accusations Against Chiropractors in Kansas and Missouri

I have years of experience in front of both the Kansas State Board of Healing Arts and the Missouri Board of Chiropractic Examiners. These two agencies see many different allegations, but they commonly fall into the following categories:

Sexual misconduct—sexually abusing a patient or having a consensual relationship with a patient are both common misconduct claims against chiropractors. This is particularly a problem in this field, as the work involves touching patients, often in a private or mostly-private setting.

Fraud—insurance fraud, over-billing, and charging for procedures that were not performed are all frequent allegations. Given the complexity of medical billing and the difficulty in finding qualified and trained staff, recurring mistakes made by staff can too easily be construed as an act of fraud by a chiropractor.

Prescription Medications—Over-prescribing medications and providing prescription medication to those who do not medically require them are both increasingly prevalent complaints against chiropractors.  There is increased scrutiny on all medical professionals with prescription privileges due to the opioid epidemic in both Kansas and Missouri.

Negligence—Negligence is defined as a failure to meet the standard of care reasonably expected under the circumstances. Not all patients’ conditions improve after receiving chiropractic care, and patients sometimes wrongly blame their chiropractors for any decline.

Criminal Convictions—Convictions for some crimes may result in a collateral license action, especially if the offense suggests that the chiropractor may have a drug or alcohol problem, cannot safely interact with the public, or cannot be trusted with money or confidential information.

Can the State of Missouri or Kansas Just Take Your License?

No. Your chiropractic license is your property. The United States Constitution’s Fifth Amendment guarantees that the government cannot deprive you of life, liberty, or property without due process. But what does “due process” mean? While in a criminal trial you have a right to a jury and other elaborate processes, a license action only requires a hearing before an administrative hearing officer or board. In this context, due process means that the state must afford you notice of all the allegations against you, an opportunity to prevent your defense to a hearing officer or board, and consideration of your position. But make no mistake, an administrative hearing is just as contentious as a criminal trial, and your career hangs in the balance.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by a state investigator or licensing board should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and these initial moments are crucial. 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.

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 Medical Board Licensing Cases—Negligence Allegations

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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.

 

 

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Trends in Medical Board Licensing Cases—Opioid Issues

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People used to ask me what sort of trends I am seeing in medical license defense. I do not hear that question as much anymore, as you do not have to be involved in medical licensing issues to know that there is an opioid crisis in the United States. Physicians are perceived as the root of the problem and accusations of over-prescription of opioids and other “pain pills” are rampant. This perception tracks with what I am seeing in medical licensing cases, as both the Kansas and Missouri medical boards are taking a hard line on physicians accused of over-prescribing pain medications or failing to adequately supervise employees in clinics accused of becoming “pill mills.”

 

If you are licensed medical professional in Kansas or Missouri facing an investigation or medical board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

What Are the Trends in Opioid Licensure Enforcement?

In general, the public is the primary source of complaints about physicians.  These complaints range from the serious and valid to the frivolous and vindictive. Regardless of the complaint’s validity, the accused physician must take it seriously, as the majority of complaints result in some form of reprimand, often with a temporary or permanent loss of license. Again, regardless of an accusation’s validity, you must reach out for experienced counsel’s help immediately if you are accused.

Retaliatory complaints are common. These are patients that were denied opioid prescriptions because of abuse. Basically, the physician actually met the standard of care in these cases.  However, these former patients attempt to hold physicians hostage by threatening complaints to licensing boards once the physician ends their ability to get more pain killers. This is fairly common drug-seeking behavior by desperate people. As crazy and backwards as this situation sounds, an allegation’s baselessness does not mean that it cannot have serious repercussions.

Another form of complaint arises from negligent supervision of medical clinic staff. Even if a physician is responsible when he or she writes prescriptions, he or she also has a duty to adequately supervise staff working under his or her license.  These employees can be susceptible to drug seeking patients and illegally give access to opioids in an effort to make extra money, in exchange for sex, or due to their own negligence. Regardless of the source of the problem, employees working under a physician’s license can threaten that license with their own misconduct.

Obviously, sometimes physicians themselves are overprescribing opioids. This sort of misconduct can be driven by the same reasons as described above regarding staff. The good news is that there are many opportunities to derail efforts to suspend and revoke physicians’ licenses. An attorney’s vigorous defense, careful review of all evidence, and experience before the Kansas and Missouri medical boards can make the difference between revocation of a license and just probation.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by the state medical board or DEA should contact experienced counsel immediately. Your business and license to practice are 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 speaking 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 suspension or revocation of your license.

If you are a medical professional in Kansas or Missouri and are worried about opioid related misconduct costing you your career, 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.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Explains—Teaching License Defense

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The teachers I represent are extremely proud of being a member of this noble profession. That said, they also reiterate everything we all know about teaching. It can be thankless, challenging work for too little pay. In Missouri and Kansas, teachers sometimes run into another challenge—licensure issues. Too many teachers think that they can work through discipline and licensure issues by “being helpful” and providing information to the school district or state investigators; this is a horrible mistake that could cost you your career. If you are licensed teacher in Kansas or Missouri facing an investigation or disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

Common Misconduct Allegations in Kansas and Missouri

Unfortunately, teachers are particularly susceptible to misconduct allegations. They are often forced to make disciplinary decisions about students; in turn, false allegations arise in retaliation. Students and parent have a unique ability to raise these concerns, as teachers often work with students without any other adult witness present. Without that sort of credible witness testimony, disproving an allegation becomes challenging.

In my practice, I most frequently see the following allegations:

Sexual misconduct—any sexual contact between a teacher and a student is inappropriate. That said, otherwise innocuous pats on the back and friendly hugs can easily be construed as sexual misconduct later. Given with how justifiably serious this sort of behavior is taken, any allegation of sexual misconduct must be addressed immediately, as they frequently result in loss of a teaching license.

Physical abuse of students—for reasons similar to sexual abuse, physical abuse—hitting or corporal punishment—is taken very seriously and is quite difficult to disprove.

Drug and alcohol abuse—alcoholism, DUI, and being under the influence in the school environment are all allegations that can cost a teacher his or her license. As opposed to the prior two categories, however, they are easier to challenge with the help of an experienced licensure attorney.

Misuse of school property or privileges—I frequently represent teachers accused of taking school property for their own use. This can be innocuous activity, such as tutoring students on school property for pay, or more nefarious, such as theft of school supplies or vehicles.

Sharing or using students’ confidential information—allegations that you shared a student’s confidential information, or that you used it for your own gain, are serious.  There are federal laws protecting student educational records, most notably FERPA.

If any of these allegations are made against you, your license is in jeopardy. Your license is your property, and the U.S., Kansas, and Missouri Constitutions all provide you a right to “due process” before the government takes your property—your teaching license—from you.  Due process means that you have a right to review all evidence against you, to challenge that evidence, and a hearing to state your position. Having an attorney by your side to protect your due process interests is vital.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any Kansas or Missouri teacher contacted by the local or state board of education about misconduct should contact experienced counsel immediately. Your license 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 speaking 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 students suspension or revocation of your license.

If you are a teacher in Kansas or Missouri and are worried about misconduct costing you your career, 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.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses Licensing Issues for Optometrists

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Being an optometrist means having a respected career, a good livelihood, and your community’s respect. But because optometry is a licensed profession in Missouri and Kansas, all of that can be derailed by a disciplinary issue resulting in a suspension or revocation of that license.

Complaints about an optometrist usually arise from the public. They can be frivolous and lack merit, or they can be serious and based on significant evidence. It does not matter which category your complaint falls into, both frivolous and serious complaints can result in significant disciplinary action unless they are defended vigorously by experienced licensing attorney.

If you are licensed medical professional in Kansas or Missouri facing an investigation or medical board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

Common Licensure Complaints

Sexual misconduct—any sexual contact between an optometrist and a patient is inappropriate. That said, otherwise innocuous pats on the back and friendly hugs can easily be construed as sexual misconduct later, especially when a patient has an axe to grind regarding a bill they do not want to pay or when a patient’s own advances are rebuked. This sort of conduct is always serious and is never just brushed aside.

Criminal convictions—even if there is no connection to the optometrist’s practice, criminal convictions for DUI, theft, violent crimes, domestic violence, child abuse, or any other crime of moral turpitude can trigger a licensing investigation. If criminal charges are pending, an optometrist faces the challenge of defending his or her license while not saying anything in the context of the licensing matter that could impact his or her criminal case. This is a delicate situation that will require the assistance of expert counsel.

Drug and alcohol abuse—allegations of alcoholism, DUI, or drug use can all result in licensure issues for an optometrist, especially if those allegations arise in any relation to their work.  For example, a DUI may have no inherent connection to an optometrist’s work, but if the arrest occurred a half hour prior to the optometrist seeing a patient, it may have implications on her practice.

Misuse prescription privileges—issuing unnecessary prescriptions or issuing them negligently has serious, even criminal, consequences. These allegations are skyrocketing as a result of the nation’s opioid epidemic. Allegations of this nature require immediate, expert legal defense.

Sharing patients’ confidential information—allegations that you shared a patient’s confidential information or that you used it for your own gain, are serious.  There are federal laws protecting patients’ medical records, most notably HIPAA, the Health Insurance Portability and Privacy Act of 1996.

Negligent supervision—your employees’ conduct implicates your license. If your clients engage in any of the misconduct listed above and that misconduct implicates a lack of supervision or negligent supervision, it may result in an investigation into your practice and licensure.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any optometrists in Kansas or Missouri contacted by an investigator should contact experienced counsel immediately. Your business and license to practice are 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 speaking 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 suspension or revocation of your license.

If you are an optometrist in Kansas or Missouri and are worried about misconduct costing you your career, 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.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses the Standard of Care in Nursing Cases

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After years of work, attaining a license to practice nursing is a tremendous achievement. That achievement means having a good livelihood and your community’s respect. All of that can be derailed by a disciplinary issue resulting in a suspension or revocation. I frequently see “standard of care” cases result in that sort of derailment. Many of these allegations can be resolved without any punishment if a nurse hires expert licensing counsel, but whether out of shame or ignorance, may nurses fail to attain representation and needlessly deal with serious consequences.

If you are licensed medical professional in Kansas or Missouri facing an investigation or nursing board disciplinary action, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career is at risk and you cannot work your way through this alone.

The Standard of Care

As a nurse, you must meet the “standard of care” in your patients’ treatment.  That standard is very vague, and is usually defined what a reasonable and prudent nurse would do when caring for the same or similar patient in the same or similar circumstances. The rationale for having such a vague standard is that it allows for constant advancement in the profession. Unfortunately, it also allows for an ever-changing and ever-increasing standard for nurses to meet.

The “standard of care” is a subjective standard, meaning it does not have absolute, objective criteria. Rather, it is judged based on what an observer feels is reasonable given certain circumstances. A nurse treating a dozen wounded soldiers on a battlefield will be held to a lower standard than one working on a single patient in a well-funded hospital.

In my practice, standard of care allegations come to light after a negative outcome or sentinel event. They often include questions regarding record keeping, medication administration, or competency in various procedures. Whether the nurse is a talented veteran or rookie, their conduct will be scrutinized if it may have had a negative effect on patient care.

Again, remember that the duty of care is a highly subjective standard. You will need to describe your actions in a light most beneficial to you.  Were you provided sufficient training?  Were you practicing as you were instructed to do? Did you meet the approved standard in place in your workplace at the time? Were there supervening events beyond your control?  You will need experienced counsel to make these arguments meaningfully on your behalf. Because this is all I do, I have a good understanding of how the nursing board will react to these arguments in your case. I also have access to expert witnesses that can help establish exactly what is the standard of care in your nursing field.

You should not speak to an investigator from either your employer or the Missouri or Kansas nursing board without a skilled licensing attorney by your side, protecting your interests. If you receive an official accusation, you must file a defense in your response; counsel can help you do that. Failing to file a defense may lead to a default judgment against you, which may lead to an automatic suspension or termination of your license. As a licensing attorney, I have prepared hundreds of statements of defense and can tailor a winning strategy to protect your interests.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any nurse in Kansas or Missouri contacted by an investigator or licensing board should contact experienced counsel immediately. Your license to practice nursing 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 speaking 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 suspension or revocation of your license.

If you are a nurse in Kansas or Missouri and are worried about allegations of misconduct costing you your career, call Missouri Professional Licensing Attorney Danielle 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.