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

I often counsel physicians who are in the midst of a medical malpractice case. Most commonly, their attorney in the malpractice lawsuit asks them to consult with a licensing attorney because the facts arising in the malpractice case may give rise to discipline in the form of a suspension or revocation of their medical license.  They usually ask whether being sued for malpractice means that they will also lose their license to practice medicine. Unfortunately, the answer to that question is not necessarily straightforward.  I have written the following blog post to provide an outline of the factors that influence whether a malpractice case will result in discipline as well.

If you are a physician in Kansas or Missouri currently involved in a medical malpractice case and are wondering if you will next be facing an allegation of misconduct or an investigation, call attorney Sanger today at 785-979-4353 to schedule a free consultation. Your career, reputation, and livelihood are at risk, and the challenge facing you is one you cannot work your way through alone.

Medical Malpractice vs. Misconduct

The first thing to understand about medical malpractice is that neither a court nor a jury can revoke a physician’s license to practice medicine—only a state medical board can do that. While a malpractice lawsuit can ruin have grave financial and reputational consequences, it may or may not have any implications regarding your ability to practice medicine in the long run.  But how can you know whether it will or not result in discipline? To answer this question, you must first understand the difference between negligence and misconduct.

A malpractice claim alleges that a physician was negligent, meaning that he or she failed to meet the standard of care owed to a patient reasonably.  The reason for that failure can vary widely, from overwork and exhaustion to drug addiction to failing to keep up with cutting edge advances in a specialty. While some of the allegations underlying a medical malpractice claim may trigger a licensing issue—drug addiction or inappropriate contact with a patient—many do not.  A doctor who worked reasonably to heal a patient but fell short of either patient’s desired outcome or the medical community’s expectations may not have any discipline result from the malpractice claim against him or her.

A misconduct allegation alleges that a physician has recklessly or intentionally engaged in conduct that threatened or threatens his or her patients’ safety.  Drug abuse, alcohol abuse, inappropriate boundary crossing with patients, criminal acts such as falsifying medical records, and other fraud all fall into this category.  While a malpractice claim and misconduct allegation can stem from the same incident, the level of intent involved in misconduct is elevated.

Contact an Experienced Kansas and Missouri Licensing Attorney Now

You have worked too hard to attain your medical license.  Enduring the stress of a malpractice claim is intense, but you owe it to yourself to also examine whether that claim will have licensing implications as well.  An experienced licensing attorney can explain your risk exposure, the misconduct hearing process, the consequences of any allegations against you, and can mean the difference between getting back to helping your patients and losing your career forever. Medicine is a rewarding career—don’t let allegations of misconduct end it prematurely.

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

 

 

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