What Doctors Should Know About Prescribing Medication for Family and Friends

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Having a doctor in your family or among your group of friends can prove to be useful for getting general medical advice, receiving medical care in an emergency situation, or receiving care after hours, when physician offices are closed, among many other situations. Generally, there is nothing wrong with a physician prescribing medication for a family member or friend so long as there is a clear indication that the medication is medically necessary and there are symptoms documented to support the physician’s decision to prescribe the medication. If physicians use their prescribing authority ethically and in good faith, there should never be any accusation that the physician is abusing his or her authority to write prescriptions.

When You Could Get Into Trouble

In Kansas, the use of prescribed controlled substances is heavily regulated. There are certainly situations where a patient legitimately needs prescription pain medication to treat severe pain following an accident, or operation, for example. However, if a Kansas physician is prescribing controlled substances to family members or friends for non-emergency medical ailments, such as headaches, or general pain with no clear diagnosis of what is causing the pain, then the physician could be accused of abusing his or her prescribing authority. As such, regardless of what medication you are prescribing, who you are prescribing the medication to, and why you are prescribing it, it is imperative to ensure that your records clearly document all details relating to your prescription practices.

Being able to prescribe your ill family member or friend medication in a time of need is a convenience that may save time and money. But, Kansas physicians should be cautious and only prescribe medication when no other viable alternative is available, and/or if there is clear documentation of medical necessity that justifies prescribing the medication.

Regulation of Prescription Practices Has Become Much Stricter in Kansas

Legitimately prescribing medication to family members or friends was not always a concern for many Kansas physicians. However, given that the prescription drug industry is booming, and given that there is an abundance of individuals who have prescription drug dependence, Kansas has cracked down to ensure that all prescriptions for controlled substances in Kansas are tracked, and regulations have been put into place to monitor physician prescribing practices.

Because there is so much at risk for Kansas physicians, prescribing medication for family members and friends should only be done when absolutely necessary. It is better to protect yourself and take all steps necessary to ensure you are complying with Kansas state law and the rules and regulations of the Kansas Board of Healing Arts.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

As a physician, you have the requisite education and experience to make a decision as to whether or not a loved one is in need of medical care. As a physician, you are allowed to prescribe medication for a particular purpose, however, many physicians fail to keep proper records regarding when and why medication is prescribed to loved ones. It is essential that all prescribing practices are fully documented so that there can be no question regarding the efficacy of the prescriptions being written. If you are a Kansas physician and your professional license may be at risk due to alleged unethical or wrongful prescription practices, it is important that you speak with a Kansas Professional License Defense Attorney right away. As a former Assistant Attorney General of Kansas, Danielle Sanger of the Sanger Law Office has the skill, experience, and dedication necessary to help you keep your license to practice medicine in the state of Kansas. To schedule a free consultation, contact the Sanger Law Office today by calling (785) 979-4353.

 

 

Kansas Professionals – What You Should Know About Misrepresentation

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Most businesses have turned to the internet for advertising, as people often search google to find a doctor, pharmacist, attorney, or other Kansas professional. While the internet has proved to be useful for businesses and has helped professionals grow, there are also downsides that can lead to the detriment of Kansas professionals. Any information that you advertise to patients or clients on your website must be accurate. Individuals looking at your website may believe you are an expert in a particular field because of the way you advertise your services.

For example, if you are looking for a doctor who alleges to specialize in treating migraines, but that doctor does not have any special training or degree to substantiate the specialty, that doctor may be accused of misrepresentation. While this doctor may have extensive experience with treating migraines, and has done endless research, without a degree or certificate relating to the specialty, that doctor may be representing to potential patients that he or she is an expert or specialist in the area of migraine headaches, and that such a specialty typically requires a degree or certificate. Because most people receive information from the internet, wording is very important. A few words could change the meaning or interpretation of the description of a professional’s specialty. Therefore, in order to avoid accusations of misrepresentation, it is essential that all information communicated through the internet is valid.

Consequences of Misrepresentation

Whether intended or not, if a professional misrepresents his or her qualifications to a potential patient or client, and that person is injured or harmed in some way, the professional may be held responsible for any injuries or monetary harm suffered by the individual. Using the example above regarding the migraine specialist, if this specialist used manual techniques to relieve migraines, such as massaging or pushing on the head or neck in some way, and the patient is injured, that doctor may be liable for those injuries if he or she has no degree or certification authorizing the use of manual treatment for migraines.

If accused of misrepresentation and the Kansas professional board wishes to bring disciplinary action against you, it is important that you have a skilled Kansas Professional License Defense Attorney by your side to defend your rights and help you keep your professional license. Your version of the facts must be presented for you to have a fair proceeding, and your attorney will ensure that you have a well-prepared case to help reach a positive result.

More often than not, Kansas professionals have no intention of misrepresenting themselves, but because of how information is communicated through the internet, and other media outlets, it is understandable how prospective patients or clients could misinterpret what is being represented to them. As such, it is important to speak with a Kansas Professional License Defense Attorney who can explain what steps you should take to avoid being subject to disciplinary proceedings.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas professional, whether a physician, attorney, pharmacist, veterinarian, or any other professional, and your professional license is at risk, you should consult with a Kansas Professional License Defense Attorney right away. Being accused of misrepresentation creates feelings of stress, anxiety, and a feeling of helplessness. Simply being accused of misconduct does not prove anything. You have an opportunity to present your own version of the facts to your professional disciplinary board. In order to understand what misrepresentation means, and what you can do to avoid being accused of misrepresentation, contact Kansas Professional License Defense Attorney Danielle Sanger of the Sanger Law Office to discuss your situation. Danielle Sanger is a former Assistant Attorney General of Kansas and devotes her law practice to helping Kansas professionals keep their licenses and fight disciplinary charges or complaints. To schedule your free consultation with Danielle Sanger, contact us today by calling (785) 979-4353.

Kansas Attorneys – Proper Supervision of Law Firm Staff Members

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As attorneys, we know how essential our employees are to the success of our law practices.  Legal assistants, paralegals, legal secretaries, receptionists, and other employees play a key role in ensuring a law practice is functioning at its full capacity.  Many law firm employees may have sufficient experience and knowledge to take on certain tasks, however, attorneys must always be careful about what their staff members are and are not authorized to do. 

Sometimes it is difficult to define what form of conduct is considered the practice of law, and this can leave attorneys in a troubled situation if a law firm employee’s conduct has crossed the line and violated the professional rules of conduct.  The lines become particularly blurry when non-attorney staff members are assigned to the task of maintaining general contact with clients.  A client may call and ask a legal assistant or paralegal a question that can only be answered by an attorney.  If the legal assistant or paralegal answers the client’s question, the client may take that answer as authoritative legal advice. 

For example, if a client calls asking if his or her case is likely to settle, and for what amount, and the non-attorney staff member responds with a ballpark figure, this is information the client may believe to be true, and the attorney may be held responsible for failure to properly supervise his or her employees.  Providing settlement figures or the likelihood of success of a particular case are tasks left only to licensed attorney. 

It isn’t always easy for attorneys to speak with their clients on a frequent basis when they are busy working on other matters.  As such, law firm employees can provide clients with general updates on their cases so that they do not feel neglected, but they must do so in a way that does not constitute the unauthorized practice of law.

Preventing the Unauthorized Practice of Law

When non-attorney employees give legal advice to clients, they are essentially practicing law without authority.  To ensure that your employees fully understand what their bounds are, and that you are ultimately responsible for their conduct, you need to make it very clear from the time of employment that only attorneys can discuss substantive legal matters with clients.  If clients have questions that non-attorney employees cannot and should not be answering, the clients should be told that an attorney will follow-up and answer the client’s legal questions.

Further, your clients need to be aware of what your law firm employees’ bounds are.  Your clients will then have a better understanding of what role you have and what role your employees have in the attorney-client relationship.  Attorneys should place an emphasis on working closely with their employees to develop a strong relationship where each and every team member has no question as to what they are and are not authorized to do on behalf of the law firm.         

Contact Danielle Sanger of the Sanger Law Office Today to Schedule a Free Consultation

Facing disciplinary action and the possible loss of your Kansas law license is a stressful and frightening experience.  You deserve a compassionate and hardworking professional license defense attorney to advocate on your behalf.  At the Sanger Law Office, Kansas Professional Licensing Attorney Danielle Sanger devotes her law practice to defending the rights and interests of Kansas attorneys and other professionals who may be at risk for losing their professional licenses.  As a former Assistant Attorney General of Kansas, Danielle Sanger has the skill and experience necessary to help you overcome the challenges you face.  To schedule a free consultation with Danielle Sanger, call the Sanger Law Office today at (785) 979-4353.

 

Kansas Healthcare Professionals – Maintaining Complete Medical Records

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In today’s technological world, nearly every important document is now in electronic format.  People can “e-sign” documents now, eliminating the need to spend the time, energy and money into making paper copies of every document.  Many healthcare providers, such as physicians and hospitals, are transitioning from tangible, paper copies of medical records, to a completely electronic system that makes it easier for healthcare professionals and patients alike to access important medical information.  Along with the transition from hard or paper copy documentation to electronic documentation comes the added responsibility of ensuring that all medical records are complete and accurate.

How Can Kansas and Missouri Healthcare Professionals Get in Trouble?

As a healthcare professional, if you are not aware of the particular rules and regulations regarding how to maintain medical records, such as checking them for accuracy, you could be held responsible if important information is omitted from a patient’s record, whether intentionally or accidentally.  For example, if you are a nurse and it is your job to ensure a physician has a complete list of a patient’s medication, and you fail to check the accuracy of the medication list, that patient’s health could be at risk if he or she does not receive a prescribed medication.

Further, medical records don’t simply involve just a physician or nurse’s notes and/or recommendations for a patient.  For example, when patients undergo procedures that require the implantation of a particular device (such as a hip replacement), there is always a “product sticker” that is supposed to be placed or recorded in some fashion along with the patient’s operative report and related medical records. 

Oftentimes, hospital staff may forget to include this product sticker which essentially documents that a particular patient did in fact have a hip replacement.  This can be troublesome for many patients if they require specific documentation relating to their hip implant in the future.  While an operative report may clearly document that a procedure was performed, the medical record is not complete without documentation of what type, brand, and model of the device was implanted. 

We all make mistakes, and small errors in medical records are unlikely to result in disciplinary action or the revocation of your professional license unless the error caused some sort of substantial harm to the patient and/or other healthcare professionals.  However, what may seem like a small mistake (such as failing to document the type and brand of hip implant placed into a patient, as discussed above), could lead to a whirlwind of problems down the line.  The omission of this type of documentation may require the hospital or physician to complete an affidavit that shows what type of product was implanted during a hip replacement procedure.  An affidavit may be sufficient to cure any medical record inaccuracies, but it is always best to strive for having a complete medical record from the start.

The bottom line for Kansas and Missouri healthcare professionals today is that there is a strong push for ensuring that medical records are extremely thorough and complete.  The more complete a medical record is, the less likely healthcare professionals are to face potential disciplinary action and the loss of a hard-earned professional license.   

Contact the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas or Missouri licensed healthcare professional and you may be facing disciplinary action with the Kansas or Missouri Board of Healing Arts, and/or your license is at risk, it is imperative that you speak with a Kansas or Missouri professional license defense attorney right away.  A qualified Kansas Professional Licensing Attorney can help you keep your professional license and practice as a healthcare professional for years to come.  Attorney Danielle Sanger of the Sanger Law Office devotes her entire law practice to helping Kansas and Missouri professionals whose licenses are at risk.  As a former Assistant Attorney General of Kansas, Danielle Sanger knows what to expect from the Board of Healing Arts.  To schedule a free consultation with Danielle Sanger, call the Sanger Law Office today at (785) 979-4353.

 

Kansas Cosmetology Professionals – How Your License Can Be Revoked

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Whether you are a hair stylist, makeup artist, or a hair removal specialist, among other cosmetology professions, you understand that you must follow certain rules and procedures as a condition for having a Kansas cosmetology license.  While you are taught in school what the limits of your cosmetology license are, and what conduct may be grounds for revocation of your license, there are always things you may not be aware of that could lead to the loss of your cosmetology license.  If you gain a full understanding of what your license allows you to do, and what conduct is prohibited, you will be able to avoid the potential loss of your cosmetology license.

Kansas Board of Cosmetology – Grounds for Revocation of Your Cosmetology License

The Kansas Board of Cosmetology follows state rules and regulations to govern the conduct of all Kansas cosmetology professionals.  These rules and regulations are intended to protect the public welfare and ensure Kansas cosmetologists are operating in a sanitary, professional and safe environment.

Conduct that may lead to the loss of your cosmetology license under KSA § 65-1908 includes, but may not be limited to, the following:

  • Failure to comply with sanitation standards, such as having an unclean workspace or not properly sterilizing cosmetology equipment and/or devices;
  • Becoming a danger to the public because of alcohol or drug abuse;
  • Being convicted of a felony (unless the licensee demonstrates to the Board of Cosmetology that he or she is capable of working as a professional cosmetologist, that he or she has been rehabilitated, and that he or she is not a danger to the public);
  • Obtaining or attempting to obtain a cosmetology license by fraud or bribery;
  • Advertising in a false or deceptive way;
  • Gross negligence or unprofessional conduct, which can be very broad; or
  • Having a license revoked, suspended or limited, or having any other disciplinary action taken against you in another state or United States territory.

Most people are aware that many of the things listed above would certainly put your license at risk.  However, some of the above-listed issues may be questionable, and you may be accused of something you did not do.  In such cases, you should consult with a Kansas professional license defense attorney who can investigate your situation and fight for your ability to keep your cosmetology license. 

In particular, gross negligence, unprofessional conduct, and allegedly advertising yourself in a false or deceptive way are things that are subjective.  These are issues that must be fully investigated as it is not adequate to accuse a licensee without sufficient evidence.  If you have been accused of such conduct, you will need to prove to the Board of Cosmetology that you deserve to keep your Kansas cosmetology license, and this can be done with the help of a devoted and skilled professional license defense attorney.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If your Kansas cosmetology license is at risk, you should speak with a Kansas professional license defense attorney as soon as possible.  The rules and regulations governed by the Kansas Board of Cosmetology can be very confusing, but with the help of a qualified attorney, you will have a better understanding of what authority your cosmetology license gives you.  Professional Licensing Attorney Danielle Sanger of the Sanger Law Office advocates for her clients to the fullest extent possible, helping them retain their Kansas professional licenses.  Danielle Sanger is a former Assistant Attorney General of Kansas, with the skill and knowledge to help you reach the best resolution possible.  To schedule a free consultation to discuss your matter, contact the Sanger Law Office today by calling (785) 979-4353.

 

Kansas Pharmacy Professionals – What Are the Most Common Pharmacy Errors?

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Pharmacists rely on the assistance of pharmacy technicians to ensure prescriptions are filled accurately and timely for patients.  Pharmacy technicians have close contact with patients and they are often the only people that patients end up speaking with, unless a patient specifically asks to speak with a pharmacist.  All pharmacy technicians are supposed to ask patients if they have any questions for the pharmacist about the medication they have been prescribed.  This routine ensures that both pharmacists and pharmacy technicians are providing patients with an opportunity to find out more about the medication that is being taken. 

This is only one example of how pharmacy staff members work together to provide the best care possible for patients.  When certain standards or protocols are not followed, patients are at risk for suffering harm, as described below.

Common Errors Made By Pharmacists and Pharmacy Technicians

Pharmacy errors made by both pharmacists and pharmacy technicians include, but are not limited to, the following:

  • Dispensing the wrong medication to patients (i.e., by failing to confirm that the patient’s name is correct, that the patient’s date of birth is correct, and/or that the patient’s address and phone number are correct);
  • Dispensing the wrong dose of a particular medication;
  • Dispensing expired medication (i.e., failing to look at the medication’s expiration date);
  • Failing to consult with patients if there is a potential drug interaction, or drug side-effects that the patient needs to be aware of;
  • Failing to ask a patient if he or she has questions about the medication being prescribed; and
  • Failing to follow-up with the prescribing physician if information seems unclear about a particular patient’s medication.

Oftentimes, pharmacists and pharmacy technicians who make any of the errors above, do so without any negative consequence to a patient.  For example, if the wrong medication is dispensed, the patient will likely figure this out if his or her name is not actually on the prescription bottle.  However, even if the error is minor and is not likely to lead to any significant harm to patients, the potential for significant harm is enough to take every step possible to prevent any of the above errors from occurring.

It is important to understand that everyone will make a mistake at some point, and making a mistake does not in itself mean that you may be at risk for losing your Kansas professional license.  However, it is also important to have an understanding of what your rights and obligations are as a Kansas pharmacist or pharmacy technician.  With the assistance of an experienced Kansas professional license defense attorney, you will know how to address pharmacy errors and will know what action you need to take to avoid the potential loss of your professional license.

Contact Danielle Sanger of the Sanger Law Office Today to Schedule Your Free Consultation

If you are a Kansas pharmacist or pharmacy technician and your license is at risk or you are facing other disciplinary action, you should seek the advice of an experienced Kansas professional license defense attorney as soon as possible.  With your career at stake, you need an advocate by your side to help you keep your Kansas professional license.  As former Assistant Attorney General of Kansas, Danielle Sanger of the Sanger Law Office provides her clients with the best representation possible.  Danielle Sanger devotes the same amount of close attention and dedication to each and every client to ensure she is able to reach the best resolution possible that prevents the loss of a professional license.  To schedule your free consultation with Danielle Sanger, contact the Sanger Law Office today by calling (785) 979-4353.

 

Kansas Veterinarians – Providing Accurate Instructions to Pet Owners is Key

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Veterinarians are very busy professionals in Kansas.  Many Kansas citizens own at least one pet, and there are hundreds of veterinarians across this state.  Therefore, this means that most veterinarians will have a large workload each day.  Because veterinarians are often so busy, many general tasks are left to support staff.  While support staff may have the requisite knowledge to accurately communicate instructions to pet owners, if that staff member provides the wrong information, or fails to provide sufficient information, a veterinarian may be held responsible if a support staff member’s mistake causes the pet any harm.

For example, if a pet has recently had a procedure (such as being spayed or neutered), the veterinarian him or herself should be the person providing specific instructions for post-operative care to the pet owner.  Allowing a staff member to communicate specific instructions leaves room for error that, as mentioned, could fall squarely on the veterinarian.  If the pet becomes ill, and the pet owner did not have instructions for how to help the pet (such as cleaning the wound and administering antibiotics, for example), a veterinarian may be forced to face a disciplinary action by the Kansas Board of Veterinary Examiners, if the pet owner files a complaint.

What You Should Do to Avoid Disciplinary Action

 In order to ensure your patients/pet owners are receiving accurate instructions following a procedure or other care, you should be the person to provide those instructions, no matter how busy your office may get.  While you may have very competent staff members, it is simply too risky to allow others to communicate your instructions.

For example, if you have just performed a spay or neuter operation, and the pet owner has arrived to pick his or her pet up, you should clearly explain post-operative instructions both verbally and in writing, and if there is any medication the pet needs to take, information about such medication must be clearly communicated.  Oftentimes, pet owners come to pick up their pets and leave without any instructions at all.  When this happens, the pet owner may not know what to do if something goes wrong and the pet’s condition worsens after going home.  The pet owner may be back at your clinic the following day, asking for advice, and this could cost you time and money.

To avoid potential communication errors with a pet owner, and to avoid resulting disciplinary action (or even a lawsuit), you, as the veterinarian, should always be the person to consult with a pet owner regarding post-operative care.  While some support staff members (such as high level veterinary technicians) may be allowed to offer post-operative instructions, it is still in your best interest as a Kansas veterinarian, to handle all communications with pet owners regarding post-operative care and instructions.

Contact the Sanger Law Office Today to Schedule a Free Consultation

If you are a Kansas veterinarian and you are facing disciplinary action, or believe you may be facing such an action in the future, it is extremely important that you contact a Kansas Professional License Defense Attorney as soon as possible.  You have spent time and money reaching your goal of caring for animals, and you should not lose your professional license because of one mistake a support staff member made while in your veterinary clinic.  Danielle Sanger of the Sanger Law Office helps a variety of Kansas professionals fight to keep their licenses when they are facing disciplinary action.  With her prior experience as Assistant Attorney General of Kansas, Danielle Sanger has a unique perspective from the disciplinary side that many other attorneys do not possess.  To speak with Danielle Sanger, contact the Sanger Law Office today at (785) 979-4353 to schedule your free consultation.

Kansas Dentists and Sedation Dentistry

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There are a multitude of dental procedures that require patients to be sedated, whether it be full general anesthesia, or minimal sedation that leaves a patient in a “twilight” state.  Some patients may simply want to be sedated for simple fears that make it difficult for them to receive standard dental care.  Whatever the reason may be for sedation, it is important that dentists protect themselves when offering sedation services to patients.

Dentists can protect themselves by ensuring that their patients are good candidates for sedation prior to administering any sedative medication. However, not every patient should be sedated, due to the nature of their medical condition or other important factors.  Some patients may have underlying health problems that make sedation particularly dangerous, such as chronic high blood pressure, a history of heart attacks or strokes, or any other chronic and/or serious health condition.  If it turns out a patient cannot safely be sedated, then a dentist should inform the patient of this information and refuse to sedate that patient.

There have been situations across the United States where dentists have performed sedation dentistry without first ensuring the patients are healthy and stable enough to handle the sedative medications.  Many dental practices advertise that they offer “sedation dentistry,” and this catches the attention of many patients who have trouble sitting still or simply are afraid to receive certain dental care.  Such dental practices can be beneficial for many patients who qualify as good candidates, but there are many people who simply should not be subject to sedation if they are not healthy enough.

 What You Should Do to Avoid Disciplinary Action

If you offer sedation dentistry at your Kansas dental practice, you should make sure your current protocols protect both you and your patients from the potential hazards of sedation dentistry.  You should thoroughly evaluate every patient, and request a patient’s primary medical records (with the patient’s consent), to confirm whether or not there are any current health concerns that may pose a risk of harm to the patient if sedation is given.  Further, as a Kansas dentist offering sedation dentistry, you should require that your patients undergo general testing with another physician to ensure they are healthy enough to be sedated.

As long as you document your efforts to ensure your patients are healthy enough to receive sedative medications while undergoing dental procedures, you should be protected in the future if a patient claims he or she suffered harm as a result of undergoing sedation in your dental office.  By reviewing a patient’s medical records and ensuring the patient has undergone the requisite testing, you are being a responsible Kansas dentist and looking out for the health and well-being of your patients.  While problems with sedation dentistry are not prevalent, they do happen, and you should always be prepared in the event a patient becomes ill or alleges to suffer harm as a result of being sedated while at your dental office.

Contact the Sanger Law Office Today to Schedule a Free Consultation

If you are a Kansas dentist and your license is at risk, it is essential that you consider speaking with a Kansas professional license defense attorney as soon as possible.  Danielle Sanger of the Sanger Law Office defends her clients to the fullest extent possible, helping them keep their professional licenses.  With her prior experience as Assistant Attorney General of Kansas, Danielle Sanger knows what to expect from all Kansas professional licensing boards. Kansas Professional Liability Defense Attorney Danielle Sanger also has the skill and dedication necessary to provide the best representation possible when fighting the potential loss of your professional license.  To schedule your free consultation with Danielle Sanger, contact the Sanger Law Office by calling (785) 979-4353.

Kansas Physicians and Informed Consent

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As a Kansas physician, you already know just how important it is to obtain your patients’ informed consent prior to treating those patients, whether in the clinical setting or in the operating room.  Hospitals and providers generally have a broad informed consent page that patients will sign.  While this certainly is helpful in documenting a patient’s permission to undergo a certain treatment or procedure, these boilerplate forms are not always sufficient to avoid potential litigation or disciplinary matters in the future.

For example, if a patient consented to have a procedure done by signing a boilerplate consent form that indicated the name of the procedure, but no further details were outlined on the form, that patient may complain down the line that he or she was not aware of the potential complications or side-effects of undergoing that particular procedure.  For this reason, it is imperative that Kansas physicians make further attempts to document a patient’s informed consent.  This can be documented by doing the following:

  • Ensure that your clinic and appointment notes leading up to a procedure document a patient’s informed consent, after you clearly explain the pros, cons, and potential complications or side-effects of the procedure;
  • Document your patient’s informed consent not only with a boilerplate consent form, but also in any operative report after you have again, explained the pros, cons, and potential complications and side-effects of the procedure; and
  • Make sure a nurse or assistant is present prior to the procedure to witness the patient’s informed consent

Issues with informed consent were not that prevalent until the past couple of decades.  A general consent to particular treatment or to a procedure used to be sufficient to prevent a complaint being filed in the future by an unhappy patient (whether the complaint be in the form of a lawsuit, or against the Kansas Board of Healing Arts, or perhaps both).

Because lawsuits are filed on a regular basis in Kansas for a patient claiming his or her injuries are related to a lack of informed consent, and because disciplinary complaints are also filed quite frequently with the Kansas Board of Healing Arts, it is essential to take extra steps to protect yourself as a Kansas physician.  Many claims filed by patients could be perfectly legitimate, but many are not.  By documenting your efforts to obtain informed consent, and confirmation that the patient did in fact give informed consent, as described above, you are preserving evidence that you acted in accordance with the law and professional standards of this state.

If an upset patient does file a complaint with the Kansas Board of Healing Arts and/or in the form of a lawsuit, you will have all of the documentation you need to dispute the patient’s allegations. In order to ensure you are doing everything you can to protect yourself, you should consider speaking with a Kansas professional license defense attorney who can help you prepare for what the Kansas Board of Healing Arts may ask of you should you face disciplinary proceedings in the future.

Contact the Sanger Law Office Today to Schedule a Free Consultation

Facing the Kansas Board of Healing Arts can be stressful and frightening.  If you are a Kansas physician and are facing potential disciplinary action, you should speak with a Kansas professional licensing defense attorney as soon as possible.  Kansas Professional Liability Defense Attorney Danielle Sanger of the Sanger Law Office dedicates her law practice to helping professionals overcome the hurdles that disciplinary proceedings often present.  Danielle Sanger’s prior experience as Assistant Attorney General of Kansas allows her to provide her clients with outstanding service, as she knows what to expect from all professional licensing boards.  To speak with Danielle Sanger regarding your professional licensing matter, contact the Sanger Law Office today to schedule a free consultation by calling (785) 979-4353.

Kansas Attorneys – How to Avoid Malpractice Complaints for Missed Deadlines

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One of the biggest mistakes Kansas attorneys and law firms make is missing a client’s deadline, especially with failing to comply with the statutes of limitations in Kansas.  While attorneys try their best to ensure important deadlines are not missed, mistakes can happen and this can lead to a client filing a complaint with the Kansas Office of Disciplinary Administrator, or filing a complaint against your for legal malpractice.  Missing a client’s deadline is more prevalent in personal injury and tort law generally.  As an individual only has a certain period of time to file a lawsuit, it is imperative that plaintiff’s attorneys calendar when the deadline is for filing a lawsuit.

Most attorneys have an internal calendaring system that alerts them to particular deadlines.  If a client’s filing deadline is missed and the statute of limitations has run, a client may seek to file either a disciplinary complaint with the Kansas Office of Disciplinary Administrator, or seek to file a legal malpractice complaint against you.  If you have found yourself in this situation, you know just how devastating one small mistake can be.  More often than not, if you have made one calendaring mistake (or even just a few), your law license may not be at risk.  However, if you repeatedly miss client deadlines, your license may be at risk.

 What You Should Do to Avoid Missing Important Deadlines

In order to ensure your internal calendaring system is adequate to alert you to key deadlines, you should consider doing the following:

  • Have your calendaring system in both electronic form and paper form;
  • Designate one employee in your law practice to stay on top of client deadlines, reminding you well in advance to ensure you don’t miss a deadline (for example, if the statute of limitations for a potential personal injury lawsuit is coming up, your calendaring system should alert you to this deadline at least one month beforehand, with weekly reminders);
  • Keep your clients informed as to each deadline, so that your clients can also maintain a calendaring system; and
  • If you find your case load is too large to manage multiple client deadlines, consider referring some cases out, or rejecting some cases entirely.

As to the last point above, many attorneys (more often plaintiff’s attorneys), tend to take on more cases than they are able to handle.  This often occurs in small or solo law firms.  The more manageable your case load is, the more likely it is that you will be able to avoid missed deadlines.  Further, if you realize you have missed a deadline, you should alert your legal malpractice insurance carrier to ensure you have taken all steps necessary to document your error, and seek to remedy the situation.  Your insurance carrier will then know that there’s a slight chance action may be taken against you by your client.

 Contact the Sanger Law Office Today to Schedule a Free Consultation

If you are a Kansas attorney and you are facing disciplinary action that may put your law license at risk, you should speak with a Kansas professional license defense attorney as soon as possible. Kansas Attorney Malpractice Defense Lawyer Danielle Sanger of the Sanger Law Office dedicates her practice to defending professionals who are facing disciplinary action and/or the potential revocation of their professional licenses.  Danielle Sanger’s prior experience as Assistant Attorney General of Kansas helps her protect and advocate for her clients in a way that distinguishes her from other professional license defense attorneys.  To schedule a free consultation with Danielle Sanger to discuss your professional licensing matters, contact the Sanger Law Office today by calling (785) 979-4353.