Medical professionals are some of the most regulated in the country. Among the things most feared by physicians and other healthcare practitioners include Medicare audits, qui tam lawsuit, an IRS tax dispute, a malpractice accusation among others.

Another thing that can send cold chills down the spines of many doctors is an administrative complaint from the state’s Board of Medicine.

What is an administrative complaint?

An administrative complaint is a complaint contained in an official document informing a doctor that their business might have gone against the legal standard care, code of ethics, public health code, or any other federal or state provisions relating their operations.

A state has a right to send an administrative complaint to any medical practitioner on behalf of his or her licensing board. For instance, if it is a pharmacist, the state will file on behalf of the pharmacy board or on behalf of the Nursing Board if it is a nurse.

In case you are mentioned in an administrative complaint, you should not take the matter lightly but instead quickly move a strategic defense posture in order to protect your medical license, business reputation, and career.

An experienced lawyer can be of great help in this case. There several law firms that specialize in representing physicians, pharmacists, nurses, and other medical professionals all over the country.

Indeed it can be dreadful to wake up one morning and open a mail only to meet with an administrative complaint inside.

However, you should know that this is not the end of life. An experienced lawyer will know how to approach the case and most likely get you out of trouble.

What you should do after receiving an administrative complaint

If you are a doctor or medical professional and recently received an administrative complaint, it is important to understand that the steps you take from their matter a lot.

1. Stay calm but determined

Your attitude and mental preparedness are vital during this period. The problem is that most medical professionals immediately enter into panic mode, others try to delay their responses while some choose to completely ignore the notification.

It’s dangerous to assume that your situation is minor or self-explanatory. You need to take the administrative complaint proactively and make the hearing process your number one priority. This is the first step towards protecting your medical license.

2. Call a medical license law firm

Most law firms have experienced lawyers in the medical field who will be able to assist you in filing an appropriate to the administrative complaint. It is best to stick by the requirements and avoid giving out more information than necessary.

Remember that whatever you say might come to haunt your business later. It is good to allow an experienced attorney to guide you in every step of the response to avoid risking your license and business.

3. Ensure that your response is filed within the stipulated time

It is important to file a response earlier or on the day indicated on the administrative complaint document. Failing to do saw may waive your right of being heard or defending yourself.

The medical or professional board may decide to simply revoke your license without getting your side of the story.

4. Ask for an opportunity to be heard

All medical professionals who receive administrative complaints have a right to be heard. However, you can only get that chance after responding to the administrative complaint.

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The hearing is your golden opportunity to rebuttal the allegations leveled against you and set the record straight. Ensure that you have furnished your lawyer with all relevant facts regarding the administrative complaint.

Below are things that commonly lead to administrative complaints:

• Drug diversion
• Failing a drug test
• Healthcare fraud
• Substance abuse
• Medical malpractice
• Sexual harassment
• Medical negligence
• Criminal prosecution

Legal Scenario: What Would You Do?

Scenario

A cardiologist receives notice that the State Board of Medicine has filed an administrative complaint against her license based on allegations from a former patient claiming she performed an unnecessary cardiac catheterization. She has 30 days to respond and is told a formal hearing before an administrative law judge has been scheduled.

How serious is this administrative complaint, and what could happen to my medical license if I don't handle it properly?

Attorney's Answer

An administrative complaint from the Board of Medicine is extremely serious and can result in sanctions ranging from a formal reprimand to complete revocation of your medical license, effectively ending your career. Under most state medical practice acts, the Board has broad authority to discipline physicians for unprofessional conduct, negligence, or incompetence, and their evidentiary standards are lower than in criminal court — they typically use a preponderance of evidence standard rather than beyond a reasonable doubt. You need an attorney experienced in healthcare administrative law to review the complaint, gather supporting medical records, retain expert witnesses who can testify to the standard of care, and represent you at the hearing. Many physicians make the critical mistake of trying to handle these proceedings alone or treating them less seriously than a malpractice lawsuit, but a license action can carry consequences far more damaging than any civil judgment.

This is general information only. Contact us for advice specific to your situation.

Is it possible to lose a medical license after requesting a medical hearing?

The outcome of the case will largely be determined by the circumstances and facts involving your administrative complaint.

However, having a good defense team to represent you at the board will increase the chances of the allegation being dismissed.

All you need to do is to ensure that you have done your part by giving your defense team everything they need to argue the case.