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

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

If you are an anesthesiologist in Kansas or Missouri facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

When an Allegation Arises

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

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

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

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

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license.  Contacting an experienced licensing attorney to help you through the misconduct hearing process, explain the implications of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever. Anesthesiology is a rewarding career—don’t let allegations of misconduct end it prematurely.

Kansas and Missouri professional licensing attorney Danielle Sanger is prepared to advocate for your best interests and defend you. Call Attorney Sanger at 785-979-4353 to schedule a free consultation with an attorney experienced dealing with licensing issues.