Will Physicians Face Greater License Review in Kansas?
Obtaining your license as a doctor took many years and required a lot of discipline. However, the public spotlight has focused on physician’s behaviors and demanded that these professionals be held to a higher standard. If you have discovered an investigation into your action that may impact your professional license, it is important to contact a skilled professional license defense attorney as soon as possible.
A recent editorial in The Capital-Journal discussed the surgery of an eleven year-old girl in Texas where the procedure to correct a spinal deformity was not performed correctly and a malpractice suit was filed. The piece discusses the transparency of a physician’s background and the requirement for the Kansas State Board of Healing Arts (KSBHA) to change its protocols in responding to complaints relating to Kansas physicians.
It is a fact that there are many lawsuits filed against physicians based on alleged malpractice where the doctor ultimately is found to be blameless and the harm suffered by the patient was an unavoidable injury. Therefore, it is important for critics to remember that physicians should not be held accountable for things that they could not control. Although there are changes to licensing requirements and obligations that may be necessary, basing these demands on the fact that malpractice cases are filed routinely without basis is not the answer.
The author of the editorial also raised the issue of a recent initiative in Kansas to require drug testing for the recipients of welfare, with the penalty of the temporary loss of benefits for those who show drug use or refuse the test. There is a suggestion that this is something that might be appropriate for doctors. This overly simplistic approach overlooks the careful system of rehabilitation in place for physicians who have a problem with drugs or alcohol.
When a complaint is filed, there is an investigation opened by the KSBHA. Information is gathered through a series of sources, including a review of the patient’s records, health care facility documents, personal interviews, and collection of evidence from law enforcement agencies. However, pursuant to Kansas law, the information gathered is treated as confidential and there is a limited release of details, even to the person who filed the complaint. Therefore, there might be a perception that the Board is not taking appropriate actions, even when it is conducting a thorough review of the facts underlying the complaint.
As a physician who has had a complaint filed against you, it is a very serious situation in which the investigation is conducted and then the matter is reviewed by a panel of peers, who will refer the matter to the KSBHA for further action if a violation is found to have occurred. There is a comprehensive process in place that is not discussed in the editorial, but which ensures that physicians are held to the highest of standards.
The Sanger Law Office Offers Critical License Defense Strategies for Physicians
As a doctor who has spent years in school and post-doctoral residency, internships, and fellowship, you have dedicated your life to developing the skills and knowledge to provide excellent care to your patients. A complaint or other investigation into your license threatens everything that you have worked so hard to achieve. It is important to have a skilled professional license defense attorney working on your behalf as soon as you learn about an investigation. Danielle Sanger and the Sanger Law Office have the expertise and resources necessary to defend your license and your livelihood. To schedule a free and confidential initial consultation, please call (785) 979-4353. It is important to have the right legal support as early in the process as possible.