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.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Answers: As a Physician, What Should I Do if I Receive a Subpoena Duces Tecum?

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At some point in your medical career, you will receive a subpoena. A subpoena is a formal, legal request for either a witnesses’ presence at a legal proceeding or for documents. A subpoena duces tecum is a request for documents. While receiving a subpoena may mean that there is a complaint or lawsuit about to be filed against you, it may also be more benign. Given the vast amount of information that passes through a physician’s office and the thousands of patients treated, it is not surprising that some of that information would be pertinent to a legal action. The question is whether that legal action will affect you and your license to practice medicine. Without the help of experienced counsel, it is difficult to know whether a subpoena duces tecum signals an impending lawsuit or just a routine request for information.

If you are physician in Kansas or Missouri and have received a subpoena, do not try to figure out the next steps alone. Instead, call attorney Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the legal process. Your career is simply worth too much to go forward without expert advice.

Important Parts of the Subpoena

The subpoena is a paper document with a “header” with the name of the issuing court, the names of the parties, and its court file number. The subpoena will also tell you what documents are requested, who is directed to produce them, and the deadline for production. Depending on the type of subpoena, it will usually request that you send the documents either to one of the attorneys or to a specified court address. There is a significant difference between in-state and out-of-state subpoenas; you are likely subject to the former, but out-of-state subpoenas may not be valid or enforceable. You should seek the help of experienced counsel to determine whether the subpoena you received in valid before responding to it.

Discovery vs. Trial Subpoenas

Subpoenas are either issued by one of the lawyers involved in a case or the clerk of a courthouse. Subpoenas decus tecum are either “discovery subpoenas” or “trial subpoenas.”  The former, discovery subpoenas, are issued when one party needs “discovery” or information as it prepares for trial. The latter, trial subpoenas, are issued when one party intends to present the requested material in court. Both subpoenas carry the force of law, meaning that regardless of which type of subpoena you receive, you have an obligation to provide it unless there is some legal bar to doing so. The main difference between the two is the level of reliability. Specifically, trial subpoenas must usually be certified copies, signed by the physician who created them or the head of a medical clinic or hospital. By comparison, discovery subpoenas can just be photocopies.

What is the Required Response Time?

The response time for producing documents requested by a subpoena decus tecum can vary widely. Discovery subpoenas are casual, and attorneys seeking them are usually requesting material from a wide variety of sources; they usually have thirty-day response time or longer. Trial subpoenas, on the other hand, are for documents that are needed quickly for a hearing or trial. They may have a much shorter response time, sometimes as short as a day or two, but usually three days.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You deserve to be practicing medicine without the fear. Contacting an experienced licensing attorney when you receive a subpoena decus tecum or any other legal correspondence. Experienced counsel can help put your concerns to rest and help you respond to the subpoena in a manner that protects your interests.

If you are a physician 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 your livelihood. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with physician licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Discusses: DEA Ramps Up Enforcement to Deal with Opioids

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If you are licensed medical professional in Kansas or Missouri facing an investigation by the DEA, 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.

How Will the DEA Contact Me?

As someone who holds a controlled substances registration, you have to comply with the Controlled Substances Act (CSA). Violations of the CSA are severe. Civil penalties include substantial fines and the loss of the ability to distribute controlled substances. Criminal penalties also include fines, but may also include jail time. Parallel to both of those federal processes is usually a Kansas or Missouri state process to revoke or suspend the person’s license to practice medicine, nursing, pharmacy, or other medical professions.

If you hold a registration and are under a DEA investigation, you may not even know it.  They may just arrive at your place of business or home with agents and state licensing officials. If you are subject to this sort of unannounced visit, it is likely because the DEA is serving a warrant to seize records and inspect the premises. DEA agents may want to interview you and your staff during their visit; in this situation, you will want to call counsel immediately, as it is rarely, if ever, a good idea to speak with law enforcement without the help of counsel present. The DEA may also demand that you surrender your registration at this point. Again, it is rarely advisable to simply give in to these demands without first discussing the situation with your attorney.

The DEA’s involvement in your practice is not always so dramatic, however. The DEA also engages in routine audits, where you will be notified beforehand that your records will be reviewed, your practices scrutinized, and employees interviewed. This is still a very serious situation that you should not try to go through alone. Even a routine DEA audit can leave to a revocation of your registration and loss of your license to practice. If you are contacted by the DEA for a routine audit, you will need the help of experienced counsel to help prepare records for submission.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

Any medical provider or clinic in Kansas or Missouri contacted by the DEA should contact experienced counsel immediately. Your business and license to practice are in jeopardy, and those initial moments are crucial. “Playing along” or talking to the DEA may seem like the easy way to go, but it may not be in your best interest. 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 an audit or 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 Answers: How Do I Defend My Medical License from a False Sex Assault Claim?

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Given the rise of the “#metoo” era, I am contacted by physicians concerned about false allegations of sexual assault. As a physician, your license to practice in Kansas or Missouri is the product of a lifetime of education and hard work, so it is terrifying to think that a false misconduct allegation could quickly take your livelihood away. Physicians are particularly vulnerable to this sort of claim, as they frequently see patients privately, examine patients’ genitalia, and often see patients in situations requiring the patient to be at least partially undressed. When you couple those facts with the recent controversy regarding a physician’s outrageous abuse of gymnasts who sought his treatment at Michigan State University and patients’ varying degrees of mental stability, it is not hard to imagine how false claims arise.

If you are physician in Kansas or Missouri facing professional discipline, you must avoid going through the administrative hearing alone. Instead, call attorney Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the administrative process required to defend you. Your career is simply worth too much to go it alone.

Expert defense of your license in Kansas or Missouri is the key to continuing your entire career. Without it, you stand to lose your practice, your financial security and your reputation.

Criminal, Civil, and Administrative Matters

There is a significant difference between criminal, civil, and administrative investigations into an allegation of sexual assault.  The problem is that they all overlap and influence each other, so you need an attorney to make sure that a success in one venue does not have the unintended consequence of harming you in another.

A criminal case is investigated by the police and prosecuted by the district attorney or prosecutor. If you have watched crime shows on television, you are familiar with this sort of investigation. Ultimately, a criminal investigation for sexual assault has penalties that include jail and fines. To prove a criminal case, the district attorney must prove his or her case “beyond a reasonable doubt.”

A civil case is a lawsuit between two individuals. A former patient could sue you and he or she would have an attorney that would present the case on their behalf. A civil case has a lower standard of proof, and a plaintiff only has to prove sexual assault “by a preponderance of the evidence” or just over 50%. Penalties are financial.

An administrative case is a hybrid of criminal and civil matters. It is brought by the state and prosecuted by an attorney general.  The case uses “preponderance” standard, but the penalties are financial and the suspension or revocation of a medical license.

The Problem When Criminal, Civil, or Administrative Matters Overlap

Often, when a physician is facing either a criminal, civil, or administrative investigation, the inquiry will result in one of the other processes being triggered as well.  You likely have heard the phrase “you have the right to remain silent, anything you say can and will be used against you in a court of law” if you have ever watched a crime drama. The same is true here and can be disastrous if not heeded.

For example, imagine a former patient filed criminal charges against her doctor for sexual assault. Sexual assault is commonly defined as using force or coercion to engage non-consensual sexual intercourse with another person. In the course of the police investigation, the doctor may defend himself by saying that while he did have sex with the patient in his office, it was consensual. Follow up visits from the patient could may establish that she was not afraid of the doctor and wanted to continue the relationship.

Imagine that the prosecutor believed the physician above and dropped the charges. While that is a good outcome in the criminal case, it may be extremely problematic in ensuing action to suspend the physician’s license. The doctor’s admission to consensual sex with a patient under his care may be used against him in the administrative matter and may lead to a suspension, revocation, or other penalty. The admission may also come back to haunt the physician if the patient either sues him for sexual assault civilly, which has a lower burden of proof, or for some sort of infliction of emotional harm.

Accordingly, you need to understand that criminal, civil, and administrative processes all overlap in ways that may not be intuitive. If you are facing discipline in any one of these areas, you need expert help from a licensing attorney immediately.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You deserve to be practicing medicine without the fear. Contacting an experienced licensing attorney to help you through any of these processes can mean the difference between getting back to your practice quickly and a suspension or revocation.

If you are a physician 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 your livelihood and career. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with physician licensing issues.

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Answers: How Do I Respond to a Peer Review of Your Hospital Privileges?

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When there is an adverse outcome of a procedure or a medical professional’s patient files a complaint, the result may be the hospital’s peer review process. The peer review process is different at each hospital and is different depending on the allegation. The process can vary widely, ranging from a short-term look at the event in question to an in-depth review of your practices and records. If handled well, a peer review is just an annoyance. If handled poorly, it can cost you your right to practice at that hospital and a National Practitioner Data Bank Report, which can end a career. Accordingly, the peer review process must always be taken seriously.

If you are medical professional in Kansas or Missouri facing a peer review of your hospital privileges, you should not go through this process alone. Instead, call  Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the administrative process required to defend you. Your career is simply worth too much to go it alone. Because I am frequently asked about the hospital peer review process, I have made a list of answers to common questions:

Be honest and tell the truth. If you misrepresent facts, it is likely that your deceit will be discovered. Lying is often punished more seriously than the underlying act that brought about the review. Assume that those reviewing your actions have more facts than you do.

Stick to the facts. Do not guess regarding facts you are unaware of; similarly, do not assume or guess at other witnesses’ motives. Do not try to make your response about why someone would have said something; rather, focus on why you took whatever action you did.

If you do not have the facts, say so. If your answer would be more complete if you had access to records, request them.

If given an opportunity to provide an explanation, always respond.  Your response should be accurate, thorough, and professional. Attain legal help to make sure your response is appropriate and avoids any sarcastic, angry, or accusatory tone.

Do not use the opportunity to respond as a chance to call out or make claims about other medical professionals’ actions. The peer review is only about your behavior as a professional, and claims or complaints about others will come across as improper deflection.

Rely on medical journals and professional standards. If you took a certain action for a certain reason, provide evidence from journal articles or professional standards that supports your decision. Do the peer review committee’s work for them and attach copies of the articles for their review. Similarly, if the hospital has published rules or protocols, rely on them in your response. Try to tie each of your actions to a rule, standard of care, or both.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

The peer review process is uncomfortable, but does not have to be fatal to your career.  You deserve to be working as a medical professional without the fear. Contacting an experienced licensing attorney to help you through any of these processes can mean the difference between getting back to your practice quickly and a suspension or revocation of your privileges.

If you are a physician in Kansas or Missouri and are worried about a hospital peer review 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 your livelihood and career. Call Missouri Professional Licensing Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with medical professional licensing issues.

 

Kansas and Missouri Professional Licensing Attorney Danielle Sanger Answers: What Could Jeopardize My Psychology License and What Should I Do About Threatened Discipline?

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Licensed psychologists often contact me with concerns about allegations of misconduct that may threaten their license to practice. As a psychologist, your license to practice in Kansas or Missouri is the product of a lifetime of education and hard work. As a result of your perseverance, you now have the ability to engage in a meaningful, well respected, and lucrative career. But what if your psychology license is threatened with suspension or revocation? You could lose your ability to practice and provide for your family if you are not aware of the sort of misconduct that can result in a psychology license suspension in Kansas or Missouri.

If you are licensed psychologist in Kansas or Missouri facing professional discipline, you must avoid going through the administrative hearing alone. Instead, call attorney Sanger today at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with the administrative process required to defend you. Your career is simply worth too much to go it alone.

Expert defense of your psychology license in Kansas or Missouri is the key to continuing your entire career. Without it, you stand to lose your practice, your financial security and your reputation.

Misconduct Examples

Obviously, the first step to avoiding any threat to your license is to not engage in misconduct. Unfortunately, clients sometimes call me about types of misconduct that they were unaware of.  As a result, I have come up with the following list of some of the more common misconduct allegations that I have seen while representing psychologists in Kansas and Missouri.

A psychologist who engages in a sexual or romantic relationship with a client, regardless of the client’s consent to such a relationship, within the psychologist/patient relationship or within 24 months of that relationship ending;

A psychologist who abuses a patient physically, sexually, or mentally;

A psychologist who commits insurance fraud or submits fraudulent or false claims to an insurance company;

A psychologist performing or offering psychological services that they lack the training, qualification, or certification to perform;

A psychologist that impermissibly reveals patients’ confidential information to a third party;

A psychologist that misrepresents his or her practice in advertising or makes claims that exaggerate or misrepresent his or her qualifications;

A psychologist who does not inform research subjects of side effects of the research they are engaged in, regardless of whether the side effects are minor or major;

A psychologist who engages in fraudulent or dishonest practices in the administration of his or her practice, including financial misconduct

Any one of these unethical behaviors could serve as the foundation for an allegation of misconduct that would have to be reviewed administratively.

The Administrative Hearing

For psychologists in Kansas and Missouri, a discipline hearing will be initiated based on an initial allegation of misconduct and some fact-finding by the administrative agency. Too many psychologists misunderstand this and just “roll over” and accept whatever penalty is proposed. My experience is that challenging evidence at an administrative hearing almost always reduces the penalties from what was initially proposed, and frequently results in a complete dismissal of charges.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You deserve to be practicing your psychology without the fear of administrative discipline. Contacting an experienced licensing attorney to help you through this process can mean the difference between getting back to your practice quickly and a suspension or revocation of your license.

If you are a psychologist 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 your livelihood and career. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with psychology licensing issues.