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IL license defenseBecoming a physician is a long and difficult process. You go to school for nearly 10 years, hold internships, practice medicine as a resident and you might even further your career by specializing in a specific field, which takes even more training. The last thing you would want is for something small and unrelated to put your medical license in jeopardy. In the state of Illinois, physicians are held to a higher standard than is the general population. Physicians are expected to be upstanding citizens, which is why even a small and/or unrelated criminal charge can have a large impact on one’s medical career. If you are convicted of a crime, your license will probably be revoked, but there are things you can do to mitigate the situation.

Crimes and Your Medical License

Prior to 2017, any felony conviction meant an automatic denial for new medical license applicants or revocation for current medical license holders. Under the current law, any person who was convicted of a criminal charge may petition to have his or her license reinstated if five years have passed since the conviction or three years have passed since the individual was released from confinement, whichever is later.

Not all who petition to have their license reinstated will have that petition granted. The Illinois Department of Financial and Professional Regulation (IDFPR) will examine a variety of factors when making a determination of whether or not to reinstate a license. These factors include:

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IL license defense lawyerMost occupations in the healthcare field require specialized education and training that can take years and years of hard work. The last thing you would want to see happen is for all that work to be taken away from you because of one mistake. In the state of Illinois, there are certain rules and laws that you must follow when you are a nurse. A violation of these rules could result in disciplinary action, such as probation, suspension or other reprimanding actions. For some offenses, you could have your nursing license revoked, meaning it is permanently taken away from you. This can be devastating for those who have made their career from nursing. Here are a few ways in which your nursing license could be taken away:

Refusal to Participate in a Recovery Program

Part of a nurse’s job is to dispense medication to patients. This means they have almost unlimited access to certain drugs, which can be tempting for nurses who have addiction issues. If it is discovered that a nurse has an addiction issue or abuses alcohol, the Illinois Department of Financial and Professional Regulation (IDFPR) will often suspend his or her license until they have entered an addiction recovery program. Nurses who refuse to enter a program or who cannot complete the program successfully may lose their nursing license.

Drug Diversion

Drug diversion occurs when a nurse takes medication from the medicine cabinet to use it for an illicit purpose. Some nurses take medication such as opioids to fuel their own addictions, some take the pills for friends or family and some use the pills to make a little extra cash by selling them. Either way, this is a crime and can even result in criminal charges, let alone the loss of a nursing license.

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IL license lawyerThe world of healthcare is constantly changing. For some pharmacies, keeping up with these changes can be difficult, particularly for independent or small pharmacies. The Centers for Medicare and Medicaid Services (CMS) is the governing body that oversees the practices of different medical professionals who provide services covered by Medicare and Medicaid. One of the goals of CMS is to try to cut down on healthcare fraud and they do this by conducting audits to ensure providers operate within the legal standards. CMS audits can sometimes produce less-than-favorable results that could seriously affect the operation of your pharmacy and its financial wellbeing. Here are a few things you and your employees can do to minimize any errors or inadvertent fraudulent practices:

  • Ensure you are meeting requirements for both non-controlled and controlled substances. When filling and dispensing a prescription, there are certain pieces of information that you must collect, plus a few special pieces of information for controlled substances. To fill a prescription, you must have the prescriber’s signature on the prescription, the name, strength and dosage form of the drug, the directions for use and the number of pre-authorized refills (if any). For controlled substances, the prescriber must have the appropriate authority to prescribe such a drug and the prescriber must manually sign the prescription on the date it was issued.
  • Follow proper procedures for prescription dosages that exceed the Food and Drug Administration (FDA) guidelines. If you or your employees notice that a drug has been prescribed an unusually high dosage or in a dosage that exceeds the FDA’s recommendations, you should first check the drug’s dosage guidelines on one of the online references. If the dosage does, in fact, exceed FDA guidelines, you should contact the prescriber to verify the dosage amount. Be sure to get a hard copy of all communication regarding dosage and include the patient’s diagnosis and the prescriber’s reason for overriding the dosage guidelines.
  • Ensure your employees properly document when a beneficiary receives his or her prescription. This is one of the rules that exists to ensure the chain of possession is accurate. When you fill a prescription for someone, you must document that they received their prescription. Maintaining an accurate signature log can help you avoid accusations of fraud.

An Illinois Medicare Pharmacy Audit Defense Lawyer Can Help

Before you are subject to a field audit, CMS will notify you of the date, giving you time to prepare and ensure things are in good working order. A CMS audit can be extremely important -- consequences of a negative audit can range from a simple warning or monetary fine to forfeited CMS reimbursements. At the Law Offices of Joseph J. Bogdan, LLC, we can help you prepare for an upcoming CMS audit or we can help you challenge the results of an already completed audit. Get in touch with our knowledgeable Illinois Medicare pharmacy audit defense attorneys today to begin talking about your case. Call our office at 630-310-1267 to schedule a free consultation.

 

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IL license defense lawyerEach year, thousands of licensed professionals receive some sort of disciplinary action against them in Illinois. The Illinois Department of Financial and Professional Regulation (IDFPR) is the regulating body for many of Illinois’ professionals, including physicians, nurses, pharmacists, chiropractors and dentists. These professionals are held to a higher standard than other citizens and they each have certain rules they must follow. Breaking those rules could result in disciplinary action, which comes in a variety of forms. If you are a licensed professional and you are facing any of these actions, it is crucial you understand exactly what they mean.

Types of Disciplinary Actions

Once a complaint has been filed against you, the department may or may not launch an investigation into the complaint. The investigation could result in nothing happening, but it could also result in some form of discipline. Here are a few common ways the IDFPR could discipline a licensed professional:

  • Reprimand: Receiving a reprimand does not affect a licensee’s ability to practice, but it does create a public record of discipline for the professional. They may also be required to meet additional requirements or conditions.
  • Probation: Being placed on probation typically means a licensee is permitted to practice, but only under certain terms and conditions. Probation may result in monitoring by the Probation Compliance Unit and can be for a definite or indefinite period of time.
  • Suspension: Similar to probation, a suspension may require a licensee to follow certain terms and conditions, but the licensee is not permitted to continue to practice during the suspension period. Probation typically follows a suspension period.
  • Summary or Temporary Suspension: A summary or temporary suspension may be imposed on a licensee that is thought to pose an imminent danger to the public. The license could stay suspended throughout the hearing of the case.
  • Revocation: No licensee is permitted to practice while his or her license is revoked. Many licensees must wait a minimum of three years to file a Petition for Restoration.
  • Refuse to Renew: If the IDFPR refuses to renew a license, the licensee is prohibited from practicing after the expiration date of the license.
  • Relinquished, Surrendered or Permanent Inactive: These three terms are not necessarily disciplinary actions, though they can be. A license in one of these statuses is not permitted to practice.
  • Fines: Fines can be imposed on licensees as a disciplinary action in itself or in conjunction with one of the above actions.

An Illinois Professional License Defense Attorney Can Help

If you are facing any of the above disciplinary actions, it is crucial to your career that you immediately contact an Illinois professional license defense lawyer. At the Law Offices of Joseph J. Bogdan, LLC, we can help you defend your license against any of the above actions. To schedule a free consultation, call our office today at 630-310-1267.

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IL medical license defense attorneyAccording to the Illinois Department of Financial and Professional Regulation, there are around 3,000 complaints filed each year against doctors and other medical professionals. There are many reasons why a physician or medical professional could have a complaint lodged against him or her -- and there are 50 different actions specified in the Illinois Medical Practice Act of 1987 that could result in disciplinary action against a physician. Some of the most common complaints include unprofessional conduct and substandard care, but any complaint is a possible threat to your medical license. It is important to understand the process of a complaint if you have one filed against you.

Initial Claims Are Made

When an initial claim is made to the Board about allegations against a physician or other professional, the complaint process is started. The disciplinary board will provide the complainant with information about the complaint process and information on whether or not the claim has become a complaint and why. The claims are forwarded to the Chief of Medical Investigations to determine whether or not the claim will become a complaint.

Claims Are Examined

Once the Chief receives a claim, they will examine all information and determine if the claim becomes a complaint. If the claim does not become a complaint, the Chief will submit his or her findings on why the claim has not progressed and his or her recommendations for closure. If the claim does become a complaint, the Chief will work with a medical coordinator to determine if the complaint is ready for immediate consideration for prosecution potential.

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IL license defense lawyerHere in the state of Illinois, medical employees are monitored and regulated by the Illinois Medical Board. With over 3,000 complaints made each year against medical personnel, the disciplinary bBoard will usually launch an investigation in order to fully understand the situation. If the board ultimately decides that the complaint was made on valid grounds, disciplinary action could include suspension or revocation of your medical license. While a complaint can be lodged for a number of reasons, one of the most common reasons for a complaint is a consumer complaining of sexual misconduct from a medical professional. Below we will examine the steps you can take to avoid a sexual misconduct claim.

Steps You Can Take

When a sexual misconduct claim is filed against you, the results can threaten your family’s livelihood. According to a study conducted by the Atlanta-Journal Constitution, more than 2,400 doctors have been sanctioned for sexual misconduct nationwide over the past two decades. Here are three simple steps you can take to avoid a complaint or ensure that a false-accusation will not cost you your job:

Have a Witness Present: When a person is going through an exam, it is entirely possible that they could misconstrue professional examination as a form of sexual misconduct. Because of this, it is important for you to request that another medical employee be present for the examination. A patient may also feel more comfortable if a member of their family is present in the room. In the event of a false or misconstrued complaint, the witness can speak on your behalf, and be vital in ensuring that you will not face disciplinary action.

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IL license attorneyHere in the state of Illinois, nursing professionals are monitored and regulated by the Illinois Department of Financial and Professional Regulation (IDFPR), as well as the Illinois Board of Nursing. Nursing can be an incredibly gratifying career path, but also comes with a wide array of challenges.

Nurses are routinely asked to treat for injured and sick patients, provide emotional support and advice to families, assist doctors in the process of diagnosis, and file paperwork. If mistakes are made throughout these processes, nurses can face investigations from the IDFPR or the Illinois Board of nursing, and potentially lose their nursing license. If you believe that your nursing license may be at risk, seek out legal assistance, immediately.

Costly Nursing Mistakes

When a nursing professional acts negligently, the ramifications can be significant. Whether your actions are strictly negligent mistakes or reckless forms of malpractice, an investigation from the IDFPR can ultimately cost you your livelihood. Listed below, are some of the most commonly investigated forms of nursing error.

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IL license defense lawyerMembers of the medical community are held to an incredibly high standard. Due to the manner in which an error or negligent act can impact a patient, a mistake can cost a medical employee their medical license. Here in the state of Illinois, the Illinois Medical Disciplinary Board is in charge of responding to complaints made against medical personnel. Every year, the Disciplinary Board receives approximately 3,000 complaints. If a complaint is filed against you, it is important to act quickly and seek out legal guidance immediately.

Mistakes That Could Cost You

Medical professionals are under an incredible amount of pressure. Long hours, rigorous work days, and the pressure of life or death operations, are all aspects of life as a medical worker. Due to the stressors of medical work, it is not uncommon for mistakes to occur. Listed below are some of the most common mistakes, that could potentially cost you your medical license.

Medical Error: When patients enter a medical facility, they are putting their complete trust into the hands of the doctors and nurses, alike. While this trust is usually rewarded through quality care, in the vast majority of cases, medical error is entirely possible. Medical mistakes can range from delays in treatment, failure to correctly diagnose a condition, and incorrect prescription writeups. In some cases, errors such as overprescribing a patient, are intended actions. Regardless of the reasons why the mistake occurred, a medical error can cost you your license.

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Chicago license defense lawyerThroughout the United States, hundreds of physicians are accused of misconduct each year. Many of these complaints are founded on false or inaccurate claims. Regardless of whether or not the claim of misconduct was founded on a false accusation, a physician can lose medical staff membership and privileges. If an accusation of misconduct is deemed serious, you could face a medical license review from the Illinois Department of Financial and Professional Regulation (IDFPR). In the event of a misconduct accusation, seek out the help of a legal professional immediately.

Common Physician Mistakes

When a physician makes a mistake, the error can have major impacts on a patient’s health. Due to this, hospitals hold all of their employees to incredibly high standards. Below are some of the most common errors that can cost a physician hospital privileges.

Mistreatment of Other Hospital Employees: Many misconduct complaints are placed due to abuse of co-workers. If you yell or verbally abuse a fellow hospital employee, you are likely in violation of hospital policy. If you are unwilling to accept criticism from coworkers or speak to other employees in a derogatory manner in the aftermath of a mistake, you could face a misconduct claim. It is important to note that any inappropriate or abusive conduct in the presence of a patient, is likely to lead to a medical license review.

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IL defense lawyerOn an annual basis, approximately 22 million Americans visit chiropractors, for a number of medical reasons. Chiropractic treatment can alleviate neck and back pain, anxiety, and even chronic headaches. After a quality visit with a chiropractor, patients often claim to experience increased energy, healthier sleep patterns, and substantial decrease in pain.

All that considered, negligent chiropractors can cause irreparable harm to patients. When a patient visits a chiropractor, they are putting their trust and physical health in the hands of a professional. Here in the state of Illinois, chiropractors are supervised and regulated by the Illinois Department of Financial and Professional Regulation (IDFPR). Chiropractic malpractice can come with serious ramifications, include loss of your medical license. If an investigation has been opened against your chiropractic firm, seek out legal assistance immediately.

Common Forms of Chiropractic Malpractice

When chiropractors are cited for engaging in unethical conduct, a large percentage of complaints are placed due to medical malpractice and sexual harassment.

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IL license defense lawyerIf you are a healthcare provider that prescribes controlled substances, you are being monitored by the Drug Enforcement Administration (DEA). Due to the potential for illegal activity in the pharmacy business, DEA inspectors visit pharmacies to ensure that they are complying with all regulatory standards. If the DEA pays a visit to your pharmacy, it is important to react in a calm and professional manner. Still, a DEA investigation can lead to harsh punishments and even license revocation. If you are facing a DEA investigation, contact a license defense attorney that you can believe in.

Preparing for a DEA Visit

Due to the implementation of the Controlled Substances Act, the DEA is allowed to inspect a pharmacy, investigate the receiving and distribution of controlled substances, and even take substance samples. How you react to a DEA visit can make all the difference in ensuring that the investigation goes smoothly.

Be Respectful: When the DEA arrives at your pharmacy, for an inspection, it is easy to feel attacked, and become flustered. As the inspectors arrive, being kind and respectful can set the investigation off on the right foot. All that considered, it is also important to understand your rights. A DEA inspection can only take place with your consent. If the inspection is not being conducted during standard business hours, or there is not proper personnel on site, you can request for the inspection to take place at a different time.

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IL license attorneyWhen you make the decision to open up a physical therapy office, you are dedicating your life to facilitating the physical healing of injured patients. The decision to become a physical therapist is likely one that stems from a want to nurture and heal. Unfortunately, not all physical therapists have the same moral compass, and you can lose your physical therapy license if you hire someone that acts in a negligent manner. If the Illinois Department of Financial and Professional Regulation (IDFPR), begins investigating your practice, it is time to seek out quality legal assistance.

Common Forms of Employee Negligence

When hiring employees to work with you in your physical therapy practice, it is important to educate them on potential malpractice risks, while also spending extensive time looking into their background and previous work experience. Any form of negligent acts they commit while working for you could result in a loss of your professional license.

Sexual Misconduct or Harassment: Tragically sexual misconduct is incredibly common throughout the medical industry. Due to the hands-on nature of a physical therapist’s job, it is important to fully and properly educate your employees on what constitutes appropriate touching. A harassment complaint can lead to direct license loss.

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Illinois DEA registration defense lawyer 104 formIn light of the current opioid epidemic in the United States, state and federal governments – as well as state boards of pharmacy and medicine – have ramped up their investigations into suspected improper prescribing habits. In particular, the Drug Enforcement Administration (DEA) is aggressively reviewing prescription and medical records for pharmacists and physicians who hold DEA registrations.

Increasingly, these DEA registrants are reporting that DEA agents are appearing unannounced at their homes or businesses to interview the registrants and inspect the premises for evidence of wrongdoing. In most cases, the agents then ask the registrants to sign what’s called a 104 Form, whereby the registrant voluntarily surrenders his or her DEA registration. The agents assure the registrant that the surrender is temporary and that he/she can get his/her registration back “in a few weeks” as long as they cooperate with the investigation.

You should not do this without first consulting an attorney.

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DuPage County Medicare exclusion defense attorneyFirst, you should contact an attorney, one that is knowledgeable in this area. Exclusion from the Office of Inspector General (“OIG”) is a serious matter for all healthcare professionals and healthcare providing entities like hospitals or surgical centers. Exclusion by the OIG can lead to exclusion from participation in Medicare or Medicaid. OIG exclusion can be done for many reasons, ranging from a conviction related to controlled substances, fraudulent billing for healthcare services not provided, or discipline by a healthcare regulatory board. Most exclusions are mandatorily implemented by the OIG. The duration of exclusion by the OIG can vary from three to seven years or longer. This can be a serious consequence for any healthcare provider. It means that the provider or entity cannot collect payments from Medicaid or Medicare for providing services to those beneficiaries. For most practicing healthcare professionals, Medicare and Medicaid patients make up to 50% of their practice or more, depending.  

An individual or entity first gets notified by the OIG that it is considering excluding them from Medicare or Medicaid privileges. This first notification allows the individual healthcare practitioner or entity 45 days to respond to the allegations made by the OIG. The allegations are the reasons why the OIG believes the healthcare professional or entity should be excluded. If the person or entity doesn’t respond within the 45 day time, the OIG has considered that the individual or entity to have waived their right to respond. The OIG then moves forward with their case and implements the exclusion from Medicare and Medicaid billing privileges. At this point in the case, it is very difficult to have the exclusion removed.  

It is important for any healthcare professionals or entities providing healthcare services to take any notifications from the OIG seriously. Any communication received from the OIG should be reason to contact an attorney immediately. Retaining an attorney with experience in this area is crucial to increase the chances of a good outcome. Hiring an attorney with a healthcare background is also helpful in these types of cases.  

IL license defense lawyerEvery single year, the Illinois Department of Financial and Professional Regulation (IDFPR), receive thousands of medical malpractice complaints. Health professionals throughout the state, have to adhere to the standards set by the IDFPR, and if they are unable to do so, could potentially lose their license. For dentists, medical malpractice complaints are much more common than they would like to admit. If you are facing a complaint or other licensing issue from the Illinois Dental Board (which operates as a branch of the IDFPR), it is time to seek out professional legal assistance.

Mistakes You Could Make

While the vast majority of Americans put complete trust in medical experts, all professionals are humans, and mistakes can occur in any occupation. For dentists, a medical error can come with costly ramifications. Below are some of the most common forms of medical malpractice in the field of dentistry.

  • Misdiagnosis: When most people think of medical malpractice, they think of surgical error or overt misconduct. In all reality, the most common form of malpractice in the medical world is incorrect, missed, or delayed diagnosis. Misdiagnosis accounts for approximately 15% of all medical malpractice cases. For patients relying on dental assistance, misdiagnosis can be life-threatening. For instance, if a dentist misdiagnoses a cancerous mouth tumor, as a harmless one, the patient could die due to the medical error.
  • Incorrect Drug Dosage: Dentists have the responsibility to administer drugs to patients, as needed. If a patient is set for an oral operation, dentists often times provide their patients with anesthetic, analgesia, or another prescribed drug. Giving a patient too much of any of these drugs can result in severe injury and even death. It is also important to note that prescribing patients the wrong medication could cause patients severe medical complications or even fatal reactions.
  • Improper Equipment Maintenance: Dentists around the country require assistance from high-tech equipment, to ensure that their patients receive the highest quality of care possible. If a dentist uses equipment that is either malfunctioning or improperly sanitized, they could put their patients in danger. Here in the United States, hundreds of medical malpractice cases involving improper equipment occur every year.

Contact a DuPage County Dentist Defense Lawyer

At the Law Offices of Joseph J. Bogdan, L.L.C., our team firmly believes that no person should lose their livelihood based on one mistake. If you believe that your dental license may be in jeopardy, you need an attorney that you can believe in. Fortunately, with well over a decade of legal experience in the state of Illinois, our team is confident in our ability to represent you in a disciplinary conference with the IDFPR. To schedule a meeting with a qualified Illinois dentist license defense attorney, call us today at 630-310-1267.

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IL license defense lawyerHere in the state of Illinois, nursing homes are regulated and monitored by the Illinois Department of Public Health (IDPH). The IDPH is responsible for disciplining nursing homes in which forms of reckless treatment or negligence has taken place. Even if just one of your employees has acted in a negligent manner, those actions alone could warrant an investigation. If your nursing home is under investigation, it is possible that you could be facing a severe form of disciplinary action, from the IDPH, and you should contact your legal team immediately. Understanding and communicating the most common forms of negligent nursing home behavior, to your staff members, could help you avoid an investigation.

Common Forms of Neglect

Approximately two million elderly Americans claim that they have faced some form of abuse from a caregiver. While nursing home neglect can come in various forms, and even the most minor complaints can lead to an investigation by the IDPH, understanding the most common forms of neglectful or abusive behavior can save you from a costly lawsuit.

Physical Abuse: Overt physical abuse should result in an immediate termination of an employee. From striking or pushing a patient to restraining them with ties to administer medication, any complaints of physical abuse will likely warrant an immediate investigation. Physical abuse from a caregiver can lead to long-term mental and physical health ramifications, and should not be taken lightly.

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IL license defense lawyerThroughout the United States, thousands of people dedicate their lives to clinical psychology and social work. From psychological or mental health counseling to rehabilitation counseling, in the state of Illinois, these professionals are only able to operate within the state after receiving a certified license from the Illinois Department of Financial and Professional Regulation (IDFPR). If a psychologist or social worker is accused of some form of misconduct, it is likely that they could face some form of discipline or license revocation. If you face an investigation from the IDFPR, it is critically important to seek out legal guidance, as soon as possible.

Misconduct in Illinois

Every year, the IDFPR conducts thousands of investigations to look into cases of potential misconduct. Common forms of clinical psychology and social work misconduct, include:

  • Sexual Harassment or Misconduct: According to recent studies, approximately 12% of all mental health professionals admit to having had some form of sexual contact with a patient. In all likelihood that number is much lower than the true percentage of sexual misconduct cases within various psychological professions. Even a consensual sexual relationship with a patient constitutes sexual misconduct and could result in an investigation.
  • Confidentiality Agreement Violations: Mental health professionals are bound by federal or statewide confidentiality agreements. Violating confidentiality agreements is a direct form of unethical behavior and misconduct. These violations constitute a breach of contract that professional has with his or her patient, and can lead to a license revocation and further legal consequences.
  • Unethical Conduct: Other common forms of unethical conduct among mental health professionals include the unwillingness to meet with a patient in crisis, the scheduling of unnecessary meetings for insurance payment, and the intentional misdiagnosis of mental health conditions. If you have been accused of any of these forms of unethical conduct, contact a legal professional right away.

Contact a Clinical Psychologist Defense Lawyer in Illinois

If you are contacted by the IDFPR regarding a potential a complaint investigation, it is important to inform your attorney as soon as possible. A qualified attorney can help you move forward during the investigation process, and decide whether a settlement acceptance or a hearing in front of an administrative law judge is the best option for your career. Attorney Joseph J. Bogdan has years of experience helping those involved in complaint investigations and is dedicated to protecting the careers of his clients. To set up a meeting with an Illinois professional license defense attorney, call us today at 630-310-1267.

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IL license lawyerOne of the worst things that can happen to a doctor professionally is to be sued for medical malpractice. Malpractice suits can mean years of meetings, document production, and stress. A money judgment in favor of the patient in rare cases will mean that you will be on the hook financially. You may believe that your reputation has been tarnished, and it is possible that your malpractice insurance premiums will rise, sometimes to the point of hardship.

One consequence that is unlikely to happen is that you will lose your medical license to practice following a malpractice lawsuit. A malpractice lawsuit is initiated by a patient who alleges they have been injured due to a doctor’s negligence.

On the other hand, the Medical Disciplinary Board's purpose is to consider allegations of misconduct or malfeasance by members of the medical professions and to recommend appropriate discipline. Medical Board matters begin with a complaint. Sometimes the complaint is made by patients, but colleagues, agencies and employees could also make such a complaint.

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 Illinois nursing license defense attornryNursing requires flexibility, empathy, and the ability to think on one’s feet. Nurses who are self-starters are often highly praised. However, these attributes are a double-edged sword and can result in a nurse’s license being placed in jeopardy due to the scope of practice violations.

A nurse’s scope of practice must always be adhered to, and failure to do so can mean that the board of nursing will get involved. It is never permissible to operate outside of your scope of practice even if it is customary on your floor or office or if you are certain that you can get a doctor will later approve your actions.

There are several categories of nurses: registered nurses (RNs), licensed practical/vocational nurses (LPN/VNs) and advanced practice registered nurses (APRNs). Each group has a scope of practice delineated under Illinois law.

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IL license lawyerLearning that you are being investigated for a breach of a code of conduct or regulatory rules can be unnerving. How people react to this information varies. At one end of the spectrum, people ignore the investigation. At the other end, people rush to defend themselves in any way, often by speaking with an investigator.

While it is important not to ignore the proceedings against you, we see many professionals make the mistake of speaking to investigators without the benefit of an attorney. Often these people believe that they can clear up confusion or nip allegations in the bud by being forthcoming.

Giving a statement to someone with a regulating agency such as an investigator, auditor, special agent or surveyor is almost always a mistake. These investigators will likely have done a lot of research before contacting you, and nothing you say at this juncture will put an end to the investigation.

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