Ask doctors what they fear the most and almost all will say: “Malpractice lawsuits.” But another challenge poses even greater risk to their careers: A complaint to a state Medical Board. Complaints filed with medical boards can lead to investigations, disciplinary actions, or even revocation of medical licenses. These complaints may arise from misunderstandings, patient dissatisfaction, or targeted attacks against the doctor’s practice.
Many doctors assume medical malpractice insurance covers legal defense for Board complaints. That coverage is likely shallow: $25,000 from a rider, if even available, will be eaten up quickly.
Understanding the process, and appropriately protecting yourself against a Board complaint, is vital for all practicing physicians.
Chief Executive Officer & Founder
Jeffrey Segal, MD, JD is a board-certified neurosurgeon and lawyer. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.
The Life Cycle of a Medical Board Complaint
Filing a complaint requires no more from an aggrieved patient or family member penning their beef and finding a postage stamp or tapping the “Send” button.
When the Board receives a complaint, it is first screened for “jurisdiction” (meaning, can the Board even adjudicate the complaint) and then assigned a priority for potential investigation. Complaints presenting the possibility of imminent patient harm, such as egregious departures from the standard of care, sexual misconduct, and substance abuse, receive immediate attention and may result in summary license suspension.
Rulings in the physician’s favor are not publicized—the entire matter is closed internally and never informs the public. Disciplinary actions are publicized and viewable by anyone through the Federation of State Medical Boards (FSMB) Physician Data Center. An adverse Board action and any penumbral effects on matters such as hospital privileges are also reportable to the National Practitioner Data Bank.
- Read More from Jeff Segal, MD, JD
- Surviving Medical Board Complaints Part I – Understanding the Essentials
- Surviving Medical Board Complaints Part II – Navigating the Process
- Dealing with Medical Board Complaints: Part I
- Dealing with Medical Board Complaints: Part II
- Medical Board Complaints from Hell: 6 Strategies for Surviving a Board Investigation
- The Drama of Negotiating Consent Agreements with Board of Medicine: Stayed Revocation of Your Medical License
Risks to Doctors
There is a significant amount of risk along the path with what should be a straightforward process, which poses significant minefields for doctors. During these critical junctures, it pays to have the advice of seasoned experts informing your decisions. Be careful about “winging” it alone.
How Medical Justice Helps Doctors
We cannot stress this point enough: a Board complaint is not the kiss of death if properly managed.
While this consultation topic falls outside the scope of the Medical Justice membership benefits, our team of experts can offer personalized guidance with an hourly fee. This option provides a detailed discussion on how to navigate the process effectively.
Medical Justice membership is designed to complement your efforts in preventing board complaints and can help you avoid similar issues in the future.
You have real concerns and pressing problems, so we respond quickly with genuine solutions. Learn how we’ve helped our many loyal clients in our case study library.
Join Medical Justice and utilize our resources to safeguard your professional reputation, or use the form below to schedule a consultation with our Executive Team. We urge quick action – these slots fill quickly.
Please note that this consultation topic falls outside the scope of the Medical Justice membership benefits, and thus is subject to an hourly fee.