Throughout 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.

When 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.

First, 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.  

One 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.

Some of the highest rates of addiction among professionals are found among doctors and nurses. Both doctors and nurses must maintain professional licenses in order to practice, and these licenses can be taken away if a board determines that substance abuse is interfering with the performance of one’s job.

In these circumstances, hiring an attorney to represent you before the board will mean that you can feel confident your best case is being put forward and that you understand the process in which your license is at stake as well as your options moving forward.

Addiction in Healthcare Workers