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  • Notice from Medical Board

    Our office received a complaint from the Medical Board of California regarding care one of our physicians provided to a patient 5 years ago.  He was with a different physician group at that time.  This is a complaint to the Board only, and there is no malpractice or litigation.

    Does he need to contact his former group about this complaint and seek their legal counsel to respond to the Board?  Or, since there is no malpractice, he is on his own to find counsel?  Or do people respond to the Board without counsel?

     

  • #2
    Is a response necessary? If so what do they want?

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    • #3
      I'm surprised they would honor something 5 years back.  I think it should be limited to the statute of limitations for litigation.

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      • #4
        The Board is asking for a response to the initial complaint which sounds optional "you have the opportunity to respond."  I know that legal counsel is often sought during investigations.  Do doctors commonly seek counsel even at this preliminary stage?

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        • #5
          Yes, they usually seek legal counsel at this preliminary stage because you could lose your license.    I don't know how much help they are, most boards are made up of lay people and other physicians, but due to the risks of further litigation, most obtain legal counsel.   He does need to contact his previous group, sometimes, their tail insurance will cover a case like this, or the group may want to help with representation if they have some exposure in the case.

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          • #6
            I believe some malpractice insurers provide coverage for board inquiries and unless this is something extremely straightforward I would recommend an attorney.  Board inquiries can be much worse than a malpractice suit.

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            • #7




              Our office received a complaint from the Medical Board of California
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              A complaint from the medical board? or from a patient, which the board now has jump through some hassle to show they "follow a process" ?

               

              Having an attorney (or someone knowledgeable) guide you though a patient complaint might be just fine. Our university legal department dispatched with a patient complaint rather quickly.

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              • #8
                5 FIVE Years ago? Is it even real?

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                • #9




                  5 FIVE Years ago? Is it even real?
                  Click to expand...


                  Good point.  The IRS calls me here and there.  I hang up on that robot.

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                  • #10
                    He needs to contact his former group and their attorney, he won't even have access to the records to review if he's no longer at that location, the old office probably has already received a records request.  Looks like California allows up to 7 years to file a complaint.

                    It may be nothing (I had to deal with a complaint to the board for not giving a patient pain medication) or something very serious as to jeopardize his license (sexual misconduct, under influence of drugs/alcohol).

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                    • #11
                      Yes, the doctor should get a health care attorney. I wouldn't necessarily do anything as a group at this point.
                      Helping those who wear the white coat get a fair shake on Wall Street since 2011

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                      • #12
                        “He needs to contact his former group and their attorney, he won’t even have access to the records to review if he’s no longer at that location”

                        A word of caution relying on the former groups attorney. The “client “ he represents is the group, not a former member or employee. He needs to have his representation in getting advice. Whether provided by the former group, insurance co, or individually is irrelevant. He needs representation.

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