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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 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 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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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.  

Illinois State Bar Association DuPage County Bar Association Illinois Pharmacists Association American Pharmacists Association 10.0Joseph John Bogdan
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