Why You Need a Lawyer When Facing the Medical Board for Alleged Misconduct

• 12th May 2023
• admin
• Professional Licensing

Facing the medical board for alleged misconduct is a serious matter that can have significant consequences for your medical career and reputation. Here are several reasons why you need a lawyer in such a situation:

1. Understanding of the legal process: Medical board proceedings can be complex and involve specific rules and procedures. An experienced lawyer who is familiar with these processes can guide you through each step, ensuring that you understand your rights and obligations.
2. Protection of your rights: A lawyer will advocate for your rights throughout the proceedings. They will ensure that you are treated fairly, that your due process rights are upheld, and that you have a voice in presenting your defense.
3. Knowledge of medical regulations and standards: Lawyers specializing in healthcare and medical board matters have a deep understanding of the regulations and standards governing medical practice. They can assess the allegations against you, determine if any violations occurred, and provide advice on how to address them effectively.
4. Development of a strategic defense: An attorney will carefully evaluate the evidence against you and develop a strategic defense tailored to your specific circumstances. They will identify weaknesses in the case against you, gather supporting evidence, and prepare arguments to challenge the allegations.
5. Professional guidance during investigations and interviews: If the medical board conducts an investigation or interviews you as part of the proceedings, having a lawyer by your side can be invaluable. They will ensure that you are properly prepared for the interviews, guide you on how to respond to questions, and protect your interests throughout the process.
6. Representation at hearings and appeals: If your case proceeds to a formal hearing or appeal, an attorney will represent you before the medical board. They will present your defense, cross-examine witnesses, challenge evidence, and make persuasive arguments on your behalf.
7. Negotiation and settlement discussions: In some cases, it may be possible to negotiate a settlement or disciplinary agreement with the medical board. An attorney can help you navigate these discussions, ensuring that any resolution reached is fair and in your best interest.
8. Minimizing professional consequences: A lawyer with experience in medical board matters will work diligently to minimize the professional consequences of the allegations against you. They will strive to protect your medical license, negotiate for lesser penalties if necessary, and help you develop a plan for rehabilitation or remediation if required.
9. Reputation management: Allegations of misconduct can damage your professional reputation. An attorney can assist you in managing the public relations aspects of the case, helping to minimize the negative impact on your reputation and standing in the medical community.

Overall, hiring a lawyer when facing the medical board for alleged misconduct is essential to ensure that your rights are protected, your defense is strong, and your professional future is safeguarded. They will provide the necessary expertise, guidance, and advocacy to navigate the process effectively.

Professional Licensing Lawyer Danielle Sanger ready to help defend you against allegations against you. She will aggressively pursue available defenses to protect your nursing license. If you are facing allegations of misconduct or substandard care by the nursing board, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas. We invite you to call us today for a free consultation at 785-979-4353.

Understanding the Professional License Defense Process in Kansas

• 1st April 2023
• admin
• Professional Licensing

Professional licensing is essential for anyone working in a regulated industry in Kansas. From doctors to real estate agents, nearly every profession requires some form of licensure. A professional license allows an individual to practice in their chosen field and provides a level of accountability for their work. However, professional licenses can be at risk due to complaints or allegations of misconduct. In this article, we’ll explore the professional license defense process in Kansas and what it entails.

Understanding Professional Licensure in Kansas

The Kansas Board of Healing Arts (KBOHA) regulates over 25 professions, including physicians, nurses, and physical therapists. Each profession has specific licensure requirements that must be met before an individual can practice in Kansas. Additionally, the Kansas Real Estate Commission regulates real estate professionals, while the Kansas Department of Revenue oversees licenses for tax professionals.

To obtain a professional license in Kansas, an individual must meet certain educational, experiential, and character requirements. They must also pass a licensing exam specific to their profession. After obtaining a license, professionals must maintain their license by meeting continuing education requirements and complying with regulations set by their respective governing body.

Complaints and Allegations of Misconduct

Even the most skilled and ethical professionals can face complaints or allegations of misconduct. Complaints can come from clients, patients, or even other professionals in the same field. Allegations can range from minor issues, such as administrative errors, to serious violations of professional standards, such as sexual misconduct or fraud.

When a complaint or allegation is made against a professional in Kansas, the governing body overseeing their license will investigate the matter. The investigation may include a review of the professional’s work, interviews with the parties involved, and a review of relevant documents or records.

Possible Outcomes of an Investigation

After the investigation is complete, the governing body overseeing the professional’s license will determine whether to take disciplinary action. Possible outcomes include:

• Dismissal: If the investigation finds no evidence of wrongdoing, the complaint will be dismissed, and the professional will continue practicing without any sanctions.
• Warning or Reprimand: If the complaint or allegation is minor, the governing body may issue a warning or reprimand. This is a formal statement indicating that the professional’s conduct fell short of the expected standard but does not result in any disciplinary action.
• Probation: If the complaint or allegation is more serious, the professional may be placed on probation. This means that their license is restricted in some way, such as requiring supervision, additional training, or other restrictions.
• Suspension: In some cases, the governing body may suspend a professional’s license, which means they cannot practice for a specified period. During this time, the professional may be required to complete additional training or counseling before their license is reinstated.
• Revocation: If the complaint or allegation is very serious, the governing body may revoke the professional’s license. This means that the individual can no longer practice in their chosen profession in Kansas.

Professional License Defense Process

If a complaint or allegation is made against a professional, it is essential to seek the advice of an experienced attorney who specializes in professional license defense. The attorney can guide the professional through the process and help them develop a defense strategy.

The first step in the professional license defense process is to respond to the complaint or allegation. The response should be made in writing and address the specific allegations made. The response should also include any evidence or documentation that supports the professional’s defense.

After the response is submitted, the governing body will conduct an investigation into the matter. The professional and their attorney should cooperate with the investigation and provide any additional evidence or documentation that supports their case.

Once the investigation is complete, the governing body will make a decision regarding whether to take disciplinary action. If disciplinary action is taken, the professional has the right to appeal the decision. An appeal must be filed within a specific timeframe and must include a written request for a hearing. At the hearing, the professional and their attorney can present evidence and arguments in support of their case.

It is important to note that professional license defense can be a complex and time-consuming process. It is essential to work with an attorney who has experience in professional license defense and understands the specific regulations and procedures for your profession.

Tips for Professional License Defense

Here are some tips to help professionals defend their licenses:

Respond promptly: It is essential to respond promptly to any complaints or allegations. A timely response shows that the professional takes the matter seriously and is willing to cooperate with the investigation.

Seek legal advice: It is crucial to seek the advice of an experienced professional license defense attorney. The attorney can help guide the professional through the process and develop a defense strategy.

Cooperate with the investigation: It is essential to cooperate fully with the investigation and provide any evidence or documentation that supports the professional’s case.

Be proactive: It is important to be proactive in defending a professional license. This may include taking steps to improve skills or knowledge, seeking additional training or counseling, or developing policies and procedures to prevent future complaints or allegations.

Professional licensure is a critical component of many industries in Kansas. It provides a level of accountability for professionals and ensures that consumers receive quality services. However, complaints or allegations of misconduct can put a professional’s license at risk. It is essential to understand the professional license defense process and work with an experienced attorney to defend against any complaints or allegations. With the right strategy and support, professionals can protect their licenses and continue practicing in their chosen field.

Why Hire a Sanger Law to Defend Your Professional License in Kansas

• 2nd March 2023
• admin
• Professional Licensing

There are several reasons why it is advisable to hire an attorney to defend your professional license in Kansas:

1. Expertise: An attorney who has experience in defending professional licenses will have the knowledge and expertise to navigate the complex legal and regulatory frameworks that govern professional licensing in Kansas. They will be familiar with the specific rules and regulations that apply to your profession, and can help you understand your rights and obligations.
2. Protection of your rights: An attorney can help protect your rights throughout the disciplinary process, ensuring that you are treated fairly and that your due process rights are respected. They can also help you avoid making mistakes or missteps that could harm your case.
3. Mitigation of consequences: If you are facing disciplinary action, an attorney can help you mitigate the consequences of any disciplinary action that may be taken against you. They can help you negotiate a settlement or plea agreement that minimizes the impact on your license, career, and reputation.
4. Advocacy: An attorney can serve as an advocate for you, representing your interests before licensing boards, regulatory agencies, or other bodies that may be involved in the disciplinary process. They can help you make a strong case in your defense, presenting evidence and arguments that support your position.
5. Legal strategy: A skilled attorney can develop a legal strategy that is tailored to your specific situation and goals. They can help you determine the best approach to take, and can provide guidance and advice throughout the process.

Overall, hiring an attorney to defend your professional license in Kansas can help ensure that your rights are protected, that you receive fair treatment, and that you achieve the best possible outcome in your case.

Professional Licensing Lawyer Danielle Sanger ready to help defend you against allegations against you. She will aggressively pursue available defenses to protect your nursing license. If you are facing allegations of misconduct or substandard care by the nursing board, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas. We invite you to call us today for a free consultation at 785-979-4353.

Questions About Kansas Nursing Board Hearings Answered

• 1st February 2023
• admin
• Professional Licensing

Nursing is a profession that is committed to easing the suffering of patients who have been stricken with physical illnesses and injuries. It is a noble and necessary healthcare role that also involves a steadfast commitment to education, experience, and practical training that entails significant individual and family sacrifices. Given the challenges that nurses face every day, nurses can face serious allegations that can put their professional license and livelihood at risk.

Kansas Nursing License Attorney Danielle Sanger began her legal career at the Kansas Attorney General’s Office as an Assistant Attorney General. Attorney Sanger has successfully handled numerous professional licensing and disciplinary matters. Her firm is a Professional License Defense Law Firm that serves medical professionals throughout the states of Kansas and Missouri. If you are facing disciplinary actions, do not delay seeking a legal consultation with Attorney Sanger. The following are a few important answers to frequently asked questions from nurses who are facing investigations and proceedings related to professional discipline and licensing:

How do unfounded charges become filed against nurses in Kansas?

The Kansas State Board of Nursing focuses on its mission to protect the public. Unfortunately, there is some level of overzealousness in pursuing this function, causing the legal rights of some nurses to be squashed. Therefore, if you are facing allegations, it is important that you talk with an attorney who has experience representing nurses in nursing board cases and can defend your license and legal rights before the nursing board. Ms. Sanger has comprehensive experience prosecuting these cases; therefore, she has the experience to defend against these charges.

What are the penalties that could be imposed for nursing board violations?
The Kansas nursing board does have wide discretion when they impose penalties, but the most common punishments imposed include:

• Administrative fines
• License revocation
• Public reprimands
• Monitoring
• Restrictions on nursing activities
• Probation of a license suspension

What are the typical grounds for discipline imposed by the Kansas nursing board?
Generally, the Kanas Nursing Board investigates two kinds of cases: (1) practice-related cases; and (2) behavioral cases. While there are several circumstances that may bring disciplinary charges, the most common cases involve:

• Engaging in criminal activity
• Theft
• Drug dependency
• Alcohol dependency
• Falsification or lying
• Standard of care violations
• Other Acts intended to or likely to defraud the public
• Mental health disorders

How do Kansas State Board of Nursing (KSBN) investigations get initiated?
Typically employers lodge disciplinary complaints against nurses under the Risk Management Act. Hospitals or other employers will report some type of standard-of-care nursing misconduct. The accusation must have a reasonable possibility of causing harm to a patient. Employers are obligated to report misconduct that constitutes a basis for discipline. Reports cannot be used to pursue a personal vendetta against a nurse or medical professional.

Who conducts an investigation?
Licensed nurses investigate complaints initiated by the KSBN. All cases are assigned to an investigator.

How long does the disciplinary process take?
The process is usually completed within approximately 6-9 months. In some cases, the process can be longer depending on the circumstances of the case. Factors that slow the investigation may include slow responses to subpoenas, uncooperative witnesses, challenges in finding witnesses, and other issues.

Kansas Professional Licensing Lawyer Danielle Sanger ready to help defend you against allegations against you. She will aggressively pursue available defenses to protect your nursing license. If you are facing allegations of misconduct or substandard care by the nursing board, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas. We invite you to call us today for a free consultation at 785-979-4353.

Do I Need an Attorney to Defend My Medical License?

• 5th January 2023
• admin
• Professional Licensing

Medical professionals invest a great deal of time, money, and energy in earning and maintaining their medical licenses. Unfortunately, there are situations where medical professionals may be faced with the risk of losing their license. This can be a terrifying and overwhelming experience, and many people wonder if they really need a lawyer to defend their medical license. The short answer is yes, having an attorney is essential when defending your medical license. In this license defense article, we will discuss the importance of having a lawyer when facing disciplinary action against your medical license.

To understand why having a lawyer is essential when defending your medical license, it is important to understand the disciplinary process. When a complaint is filed against a medical professional, the licensing board will investigate the complaint and determine whether there is sufficient evidence to take disciplinary action. If disciplinary action is taken, the medical professional will have the opportunity to defend themselves in front of the board. This is where having a lawyer becomes crucial.

A lawyer who specializes in medical license defense can provide essential guidance and support throughout the disciplinary process. A lawyer can help the medical professional understand the process and what to expect. They can also review the evidence and help the medical professional prepare a defense strategy.

One of the most significant benefits of having a lawyer when defending your medical license is that they can negotiate on your behalf. The licensing board may be willing to reduce or dismiss disciplinary action if a settlement can be reached. A lawyer can negotiate on behalf of the medical professional and work to get the best possible outcome.

A lawyer can also help to protect the medical professional’s rights. When facing disciplinary action, the medical professional has certain rights, including the right to due process and the right to a fair hearing. A lawyer can ensure that these rights are protected and that the medical professional is treated fairly throughout the process.

Another benefit of having a medical license defense lawyer when defending your medical license is that they can provide emotional support. Facing disciplinary action can be an incredibly stressful and emotional experience. A lawyer can provide guidance and support, and they can help the medical professional manage their emotions and make rational decisions.

Finally, a medical license defense lawyer can help to protect the medical professional’s reputation. If disciplinary action is taken, it can have a significant impact on the medical professional’s reputation. A lawyer can help to minimize the damage and work to protect the medical professional’s reputation as much as possible.

In conclusion, defending your medical license is an incredibly complex and challenging process. The licensing board has the power to take disciplinary action that can have a significant impact on your career and your life. Having a lawyer who specializes in medical license defense is essential to ensure that your rights are well-protected and that you obtain the best possible outcome. A medical license defense attorney can provide guidance, support, and negotiation on your behalf, and they can work to protect your reputation as much as possible. If you are facing disciplinary action against your medical license, it is crucial that you contact a lawyer as soon as possible.

How an Attorney Helps Defend Your Medical License Against Allegations of Medicaid Fraud

• 5th December 2022
• admin
• Professional Licensing

When an attorney is tasked with defending a medical license against allegations of Medicaid fraud, they play a critical role in protecting the rights and interests of the healthcare professional. Here’s how an attorney can assist in this situation:

1. Legal analysis and strategy: The attorney will thoroughly review the allegations and supporting evidence to understand the case against the healthcare professional. They will analyze the applicable laws, regulations, and policies to develop a strategic defense plan tailored to the specific circumstances of the case.
2. Gathering evidence: The attorney will work closely with the healthcare professional to collect all relevant evidence that supports their innocence or undermines the prosecution’s case. This may involve obtaining medical records, financial documents, billing records, and other pertinent information.
3. Expert witnesses: In cases involving complex medical or billing issues, an attorney may engage expert witnesses who can provide professional opinions to challenge the allegations of fraud. These experts may include healthcare professionals, forensic accountants, or billing experts.
4. Negotiating with authorities: Attorneys often engage in negotiations with government agencies, such as the Medicaid Fraud Control Unit (MFCU) or the Department of Justice (DOJ). They may seek to resolve the matter through a settlement, which could involve reduced penalties, repayment agreements, or the withdrawal of certain charges.
5. Administrative hearings and appeals: If the case proceeds to an administrative hearing, the attorney will represent the healthcare professional before the relevant licensing board or administrative tribunal. They will present a strong defense, cross-examine witnesses, challenge the prosecution’s evidence, and protect the professional’s rights throughout the process. If necessary, the attorney can handle appeals to higher courts.
6. Compliance and remedial measures: In addition to defending against the allegations, an attorney may provide guidance on implementing compliance measures to prevent similar issues in the future. This may include reviewing billing practices, developing internal protocols, conducting staff training, and ensuring ongoing compliance with Medicaid regulations.
7. Reputation management: Allegations of Medicaid fraud can harm a healthcare professional’s reputation. Attorneys can assist in managing the public relations aspects of the case, helping to mitigate any negative impact on the professional’s reputation and standing in the community.

It’s important to note that each case is unique, and the defense strategy will depend on the specific circumstances. If you are facing allegations of Medicaid fraud, it is crucial to consult with an experienced attorney specializing in healthcare law and Medicaid regulations to guide you through the process and protect your interests.

How an Attorney Helps You Defend a Medical License Against Allegations of Medicare Fraud

• 5th November 2022
• admin
• Professional Licensing

When an attorney is tasked with defending a medical license against allegations of Medicare fraud, they play a crucial role in navigating the legal process and protecting the rights of the healthcare professional. Here are some ways in which an attorney can assist in this situation:

1. Legal analysis and strategy: The attorney will thoroughly review the allegations and supporting evidence to assess the strength of the case against the healthcare professional. Based on their analysis, they will develop a strategic defense plan.
2. Gathering evidence: The attorney will work closely with the healthcare professional to gather all relevant evidence that supports their innocence or weakens the prosecution’s case. This may involve obtaining medical records, financial documents, and expert opinions.
3. Expert witnesses: In cases involving complex medical or billing issues, an attorney may engage expert witnesses who can provide professional opinions to challenge the allegations of fraud. These experts may include healthcare professionals, billing specialists, or forensic accountants.
4. Negotiating with authorities: Attorneys often engage in negotiations with government agencies, such as the Office of Inspector General (OIG) or the Department of Justice (DOJ). They may seek to resolve the matter through a settlement, which could involve reduced penalties or the withdrawal of certain charges.
5. Administrative hearings and appeals: If the case proceeds to an administrative hearing, the attorney will represent the healthcare professional before the relevant licensing board or administrative tribunal. They will present a compelling defense, cross-examine witnesses, and challenge the prosecution’s evidence. If necessary, they can also handle appeals to higher courts.
6. Compliance and remedial measures: In addition to defending against the allegations, an attorney may advise the healthcare professional on implementing compliance measures to avoid similar issues in the future. This may include reviewing billing practices, developing internal protocols, and providing education on Medicare regulations.
7. Reputation management: Allegations of Medicare fraud can have a significant impact on a healthcare professional’s reputation. Attorneys may assist in managing the public relations aspects of the case, working to protect the individual’s professional standing and public image.

It’s important to note that the specifics of the defense strategy will vary depending on the circumstances of the case. If you find yourself facing allegations of Medicare fraud, it is crucial to consult with an experienced attorney specializing in healthcare law to guide you through the process.

Addiction Amongst Medical Professionals Resulting in Licensing Discipline

• 11th September 2022
• admin
• Professional Licensing

People working in the medical profession deal with a lot of stress, pain, and anguish. Although these feelings aren’t limited to the medical professionals endure experiences that are unique and stressful. Medical professionals, and doctors endure adverse patient outcomes and deal with the strain of running a medical practice. Often times, these medical professionals turn to drugs and/or alcohol to handle the stress, anxiety, and depression.

Medical professionals experience fatigue and exhaustion because their jobs are unrelenting. Doctors and nurses do not have healthy sleep schedules leading to depression. A doctor’s or nurse’s duty of care owed to their patients cannot acquiesce to how the caregiver feels on a given day.

Doctors suffering from the effects of alcohol or drug misuse can face professional discipline jeopardizing their career, and their future. When facing these issues, you need an advocate to help you get through this difficult time. Missouri and Kansas professional licensing attorney Danielle Sanger helps medical professionals keep their license when they are facing professional discipline due to an addiction to drugs or alcohol. With Attorney Sanger by your side, you have an attorney devoted to her practice and defending the rights of professional licensees.

How Do Medical Professionals Become Addicted?

Paradoxically, doctors become addicted to medications, drugs, and/or alcohol with great regularity although they know the health consequences. Notwithstanding the health risks, doctors often turn to prescription drugs due to the ease of access to medication. Fortunately, doctors have the education and training to understand when they need help. Addicted doctors are often amenable to treatment after they admit that they have a problem.

Seeking Treatment before Facing Disciplinary Hearings Can Minimize Adverse Outcomes

Obtaining medical treatment for addiction and committing yourself to sobriety prior to facing professional discipline will help ease the severity of professional punishment.

Kansas Professional Licensing Attorney Danielle Sanger is available to help you get your career back on track. Your professional is too valuable to allow the clutch of substance abuse to ruin your career and your personal life. Call Attorney Sanger today at 785-979-4353 to learn more about your legal options if you are under investigation for or are facing discipline for substance abuse as a medical professional.