Written by Sarah Lim, Lic#0M52397
Medical malpractice suits are the primary concern of the majority of physicians today. However, what they all may not be aware of is that a medical board complaint can be just as detrimental to their income and can even end their careers. Therefore, it is crucial to make sure that the complaint is handled in the appropriate manner and to avoid making the following crucial mistakes that can cost you, the physician.
1. Not all professional liability policies include coverage for defense of a medical board complaint. The costs for defending a medical board complaint can get up to six figures and you will be responsible for paying for this at the same time that your income may also be interrupted by the complaint.
2. Not all defense is created equal. For a medical board complaint, your legal counsel should be experienced in that area. Just like there are lawyers who specialize in defending the physician in a malpractice suit, there are lawyers who specialize in defending physicians in a medical board complaint. These lawyers have experience dealing with the process of the Boards, members, and applicable issues.
3. Whenever you get a claim for malpractice, you should follow the instructions listed in your policy on how to go about reporting it. These instructions will give you a time frame (ex: 30 days) for which you need to report the claim. The same applies to a medical board complaint. By failing to timely inform your insurance company about the complaint, you risk coverage for it being reduced or denied. You also need to make sure that you fully and completely respond to medical board complaints in a timely manner. By not doing so, there may not be enough time to gather enough evidence and identify qualified counsel.
4. Be sure to inform your employer(s), partner(s), and/or organization(s) about the complaint. Review your contracts because you may also be contractually required to report this. By violating this reporting requirement, you can risk losing your employment and/or ownership interests.
5. DO NOT PANIC and respond emotionally to the complaint. Your responses should instead be in an organized, tactical manner when communicating with the complaining patient.
6. Evidence should never be destroyed or concealed and do not speak about the case to third parties or answer questions with your counsel present.
7. Do not admit to anything or make statements that can be used against you. Make sure any statements that you do make do not negate your attorney-client privilege with your defense counsel.
8. Lastly, make sure that you have an asset protection plan in place before ever getting a medical board complaint. If you try to protect your assets from a related malpractice lawsuit AFTER the complaint is received, it will most likely be considered a fraudulent conveyance/voidable transaction.
It might be a good time to take another look at your policy to ensure that you have the necessary coverages included. If you don’t have the coverages you need, we at California Attending Physicians can certainly help you with that. Call one of our dedicated specialists today to find out more.
