Tag Archive for: Kansas professional license defense attorney

The Importance of Avoiding Prescription Errors as a Pharmacist in Kansas

Pharmacists are healthcare providers just like physicians and nurses.  You provide healthcare to your customers, who are also your patients, by dispensing prescription medications ordered by physicians.  While pharmacists don’t have the same one-on-one contact with their patients as physicians do, their role in ensuring patients receive the proper medication is vital to the overall health and well-being of the patient.  One small mistake, such as dispensing the wrong dosage, or dispensing the wrong medication entirely, can result in serious harm or death.  Therefore, pharmacists must scrutinize their work and that of their subordinates to a higher degree than many other professions.  One mistake could mean the loss of your pharmacist license in Kansas.

Common Pharmacy Errors

There are varying degrees of errors that pharmacists and pharmacy technicians make on a regular basis.  Some mistakes are minor, such as dispensing 29 pills instead of 30 for a patient.  But most mistakes are much more serious, and can be grounds for discipline and potential loss of your license in Kansas.  Some of the serious pharmacy errors include, but are not limited to, the following:

  • Dispensing the wrong prescription medication to a patient;
  • Dispensing the wrong does of a prescription medication to a patient;
  • Failing to investigate potential drug interactions a particular patient may have;
  • Failing to ask the patient if he or she has any questions about the medication being dispensed; and
  • Failing to communicate serious warnings, such as black box warnings, that some medications have

Consequences of Serious Pharmacy Errors

All of the above-mentioned pharmacy errors may lead to a patient becoming seriously ill, or even dying.  The most common fatal pharmacy error is dispensing the wrong dose of a medication to a patient.  Patients assume that the medication they receive is the intended dose, so they trust that what the pharmacist has dispensed must be correct.  Dispensing the wrong medication could be equally fatal, however, patients are more likely to realize that they have been given the wrong prescription medication, because they will not recognize the medication as something they have taken before.

Further, errors regarding a failure to communicate with the patient and investigate the patient’s prescription drug history can have disastrous consequences.  These errors often result when a pharmacist or pharmacy technician simply dispenses a prescription drug without understanding how that drug may affect a particular patient.  For example, if a patient already takes the blood thinner Coumadin, and then is prescribed certain antibiotics, the pharmacist should be aware that the antibiotics may have an impact on the effectiveness of Coumadin, which is a closely monitored medication.

Another potentially dangerous situation arises when a patient takes a prescription medication that has been given a black box warning, and a pharmacist does not communicate this serious warning to patients.  For example, if a patient takes Reglan, which has a black box warning for being known to cause the neurological condition “tardive dyskinesia,” that patient needs to be told that such a serious side-effect exists, to allow the patients to make an informed decision on whether or not to take the medication.

How to Prevent Pharmacy Errors

It is nearly impossible to prevent all mistakes.  However, if you are a pharmacist and you simply take the extra few minutes to ensure that you are dispensing the correct medication at the correct dosage.  Further, if you take the time to communicate with your patient about drug interactions, and potentially dangerous warnings, you will be taking all of the steps you need to take to ensure you are doing your job under Kansas law and won’t be at risk for losing your license.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

We all make mistakes.  But when you have a professional license, each mistake carries with it enormous circumstances that could make or break your career in your profession.  If you are a pharmacist who is at risk of losing your license due to a prescription error, contact Danielle Sanger of the Sanger Law Office as soon as possible to discuss your situation.  With her prior experience as Assistant Attorney General of Kansas, she knows what it’s like to be on the side of the Board that is deciding your fate as a pharmacist.  This experience allows Danielle Sanger to better represent her clients who are facing the loss of their professional licenses.  Call the Sanger Law Office today to schedule your free consultation by calling 785-979-4353.

Kansas Chiropractors – What to Watch Out For

You may be an upstanding citizen, treat your patients with the utmost care, ensure you are not practicing beyond the scope of your authority, and provide affordable services to your patients.  However, it takes just one complaint with the Kansas Board of Healing Arts to put your reputation and chiropractic license at risk.  Chiropractors are required to comply with the same rules as medical doctors and other healthcare professionals regarding billing practices, candor to patients, and other ethical matters.  But, there is one very important distinction that chiropractors must be aware of.  Chiropractors cannot represent themselves to their patients as “physicians” in the state of Kansas.

Many chiropractors may not describe themselves as physicians or even use the word “physician” when treating patients.  However, patients may believe that because their chiropractor provides general advice on diet, exercise and what may reduce high blood pressure, that their chiropractor must be their physician.  Chiropractors are aware that they cannot recommend that a patient take one medication or another, but chiropractors can suggest what types of food are known to reduce high blood pressure or what exercises may help with back pain.  Chiropractors may recommend certain herbal supplements that are known to help with certain ailments, but cannot tell patients to take those herbal supplements in place of prescription medication that has been prescribed by a physician.

What You Can Do to Protect Yourself as a Chiropractor in Kansas

While some chiropractors may truly believe they are a type of physician, as many people do, in the state of Kansas, referring to yourself as a physician may very well lead to you professional license being stripped away.  Thus, chiropractors must be very careful with how they communicate their role to patients.  Perhaps making it very clear in writing to patients that you are not a physician under Kansas law will get the message to patients.  But even then, some patients don’t always read what is put in front of them.  It may be necessary to put a sign up in big, bold letters that says you are a chiropractor and cannot be termed a physician in the state of Kansas.  Whatever the method may be, the message must be loud and clear to patients so that any complaint a patient may file with the Kansas Board of Healing Arts will be lacking in proof.

It is unfortunate that chiropractors have to watch every move they make and be worried that anything they say or do may be misinterpreted by a patient, but that is simply necessary to ensure chiropractors will not lose their license for one mishap that really isn’t misconduct.  If you have questions about what conduct may be questionable and how to better communicate with your patients in the best way to minimize the risk of facing complaints, you should speak with a professional malpractice defense attorney.

Contact the Sanger Law Office Today to Schedule Your Free Consultation

Facing disciplinary action is certainly stressful, and the thought of losing your chiropractic license in Kansas over something that you did not even know was wrong is scary.  If a complaint has been filed against you for allegedly representing yourself to your patients as a physician, you need to speak with a professional license defense attorney as soon as possible.  Danielle Sanger of the Sanger Law Office has the experience and drive necessary to defend you in a disciplinary proceeding.  Having been the Assistant Attorney General of Kansas, Danielle Sanger has the capacity to apply her knowledge from a prosecutorial frame of mind, and this enables her to better assist her clients in their fight to retain their professional licenses.  To schedule your free consultation, call the Sanger Law Office today at 785-979-4353.

Kansas Health Care Professionals: Know the “Rules” of Social Media

For many people, Facebook and other social media networking sites have become as much a part of their daily routine as walking the dog, checking e-mail, and kissing their spouse goodbye. Some people even find a way to check Facebook while doing other tasks! Regardless of whether you are an occasional user or “regular” of Facebook and other similar sites, you need to use social media wisely. As a health care professional in particular, social media can quickly turn from a friend into an enemy. Each year, health care professionals find themselves facing discipline for mistakes made on Facebook and other social media sites. The following are a few tips to follow so that you can use Facebook without the fear that you are putting your professional license in jeopardy:

  • DO – have a response ready in case a patient asks if you are on a particular social media site. Sometimes patients can mistake the care that you are providing to them for friendship and want to continue that relationship on a social media site. This may be a case where honesty is not the best policy.
  • DO NOT – set your Facebook settings to “public”. Employers and prospective employers frequently comb through social media sites. Photos and other postings on your social media site may paint you in a different light than the dedicated health care professional that you are.
  • DO – visit Facebook or your other social media site’s privacy settings frequently. Facebook and other social media sites are constantly altering website privacy controls. Users who are not vigilant risk sharing information that was previously private with the world.
  • DO NOT – share photos of your workplace or of patients. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects patient information from being improperly shared. Posting a photo or a description of a patient or your workplace may raise eyebrows and come across in the wrong way.
  • DO – filter your posts. One rule of thumb is that if you do not want everyone in the entire world to know the information you are considering posting, then it is probably a good idea not to post it. People who you have allowed to see your information can easily share your posts and photographs with those you have not authorized to see your information. It is best to regard Facebook and other social media sites as public spaces and the information you place there as public and no longer under your control.
  • DO NOT – speak badly of your employer, co-workers or your position on any social media site. Regardless of whether or not you are “friends” with any of your co-workers, it is too easy for that information to land in the wrong hands.
  • DO – find other avenues to vent about your job frustrations. Health care professionals have demanding jobs that often require them to work long hours. Although it may be tempting to communicate your frustrations to your “friends” on social media, it is often better to communicate in person.

If you are a licensee who has received notice of a pending investigation, contact the Sanger Law Office today at 785-979-4353 to schedule a free and completely confidential consultation. Before you talk with an investigator or communicate with your applicable licensing board, you need to consult with an experienced Kansas professional license defense attorney. The Sanger Law Office prides itself on providing licensees with exceptional legal services. Trust our team of professionals to protect your license.

Kansas Health Care Professionals Safeguard Your License: Understand Your Obligations Pursuant to the Americans with Disabilities Act

The Americans with Disabilities Act (“ADA” or “Act”) was signed into law almost 25 years ago. The Act prohibits Americans with disabilities from being discriminated against in certain circumstances.  A “disability” is defined by the Act as referring to any physical or mental impairment that markedly limits at least one major life activity. A major life activity can include, breathing, walking, speaking, learning, and hearing, just to name a few.

Title III of the ADA requires all health care providers to provide effective communication to all patients who are deaf or hard of hearing. The term “health care providers” includes not only hospitals and clinics, but also applies to private physician and dentists, regardless of the size of the practice or the number of employees each employs.

In July of 2013, the United States Department of Justice filed a lawsuit against a Florida doctor and his medical practice for alleged violations of the ADA. According to the complaint, the doctor was the primary physician for a deaf couple for a number of years. Upon learning that the couple had filed a lawsuit against a local hospital, which was also affiliated with the doctor’s practice, the doctor terminated the couple as patients. The basis of the lawsuit against the hospital was that the hospital had allegedly failed to provide a sign language interpreter to the couple while in the emergency room. Such acts constitute discrimination and are in violation of the Act. The doctor’s actions were a violation of the ADA because, according to the language of the ADA, a person cannot be terminated as a patient for exercising his or her rights under the ADA and the doctor’s actions were in retaliation of the couple’s lawsuit.

In statements made by the doctor, he admitted to terminating the couple as patients upon learning that the couple had filed suit against the hospital. In his defense, the doctor stated that he had never had any problems communicating with the couple in his past encounters and felt that the couple was dishonest in pursuing the lawsuit against the hospital.

Health care professionals need to understand what does and does not qualify as “effective communication” since what may be considered effective communication in one situation may not be effective in another situation, even with the same patient. For example, providing written communication such as forms or information sheets may be considered effective communication with respect to learning a patient’s billing information. However, when discussing a patient’s symptoms or the physician’s diagnosis, a qualified interpreter may be necessary.

If you are a health care professional and have learned from your licensing board that a complaint has been filed against you, contact the Sanger Law Office today at today at 785-979-4353 to schedule your free and completely confidential consultation. At the Sanger Law Office we understand what your professional license means to you and will work with you to develop the best strategy to protect your livelihood. You can trust the experienced team of professionals at the Sanger Law Office to provide you with excellent legal services.