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Notice from Medical Board

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  • Avatar David 
    Participant
    Status: Physician
    Posts: 2
    Joined: 07/09/2019
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    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?

     

    #228851 Reply
    Avatar jacoavlu 
    Moderator
    Status: Physician, Small Business Owner
    Posts: 2069
    Joined: 03/01/2018

    Is a response necessary? If so what do they want?

    The Finance Buff's solo 401k contribution spreadsheet: https://goo.gl/6cZKVA

    #228873 Reply
    Avatar southernerdoc 
    Participant
    Status: Physician
    Posts: 55
    Joined: 03/10/2019

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

    #228878 Reply
    Avatar David 
    Participant
    Status: Physician
    Posts: 2
    Joined: 07/09/2019

    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?

    #228879 Reply
    Avatar nephron 
    Participant
    Status: Physician
    Posts: 121
    Joined: 05/09/2019

    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.

    #228883 Reply
    Liked by pulmdoc
    Rando Rando 
    Participant
    Status: Physician
    Posts: 204
    Joined: 01/08/2016

    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.

    #228888 Reply
    Avatar adventure 
    Participant
    Status: Spouse
    Posts: 1154
    Joined: 10/24/2016

    Our office received a complaint from the Medical Board of California

    Click to expand…

    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.

    #228898 Reply
    Avatar PhotonsRGR8 
    Participant
    Status: Physician
    Posts: 102
    Joined: 07/24/2017

    5 FIVE Years ago? Is it even real?

    #228905 Reply
    Lordosis Lordosis 
    Participant
    Status: Physician
    Posts: 1209
    Joined: 02/11/2019

    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.

    “Never let your sense of morals prevent you from doing what is right.”

    #228938 Reply
    Avatar DocNextDoor 
    Participant
    Status: Physician
    Posts: 45
    Joined: 01/27/2018

    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).

    #228961 Reply
    The White Coat Investor The White Coat Investor 
    Keymaster
    Status: Physician
    Posts: 4389
    Joined: 05/13/2011

    Yes, the doctor should get a health care attorney. I wouldn’t necessarily do anything as a group at this point.

    Site/Forum Owner, Emergency Physician, Blogger, and author of The White Coat Investor: A Doctor's Guide to Personal Finance and Investing
    Helping Those Who Wear The White Coat Get A "Fair Shake" on Wall Street since 2011

    #228970 Reply
    Avatar Tim 
    Participant
    Status: Accountant
    Posts: 2582
    Joined: 09/18/2018

    “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.

    #228978 Reply

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