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IL license lawyerPsychologists provide an important service for their patients, who rely on their expertise for therapy and treatment of a wide range of mental and behavioral health issues. Psychologists who breach their patients’ trust may face serious consequences, including the loss of their license. In some cases, they may even face medical malpractice lawsuits.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional breaches his or her duty of care to a patient, resulting in the patient’s injury or harm. For physical healthcare providers, some of the most common forms of malpractice are surgical errors, improper medication or prescriptions, misdiagnosis, and misinterpretation of test results or patient history.

While psychologists may not have a medical degree, they do provide a form of healthcare, and prescribing psychologists are licensed to prescribe medical treatment. Therefore, they may face medical malpractice claims related to improper prescriptions, misdiagnoses, or failure to diagnose a mental health condition. According to the American Psychological Association (APA), some psychologists also face claims of malpractice due to emotional abuse or sexual misconduct with their clients.

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IL license defenseOne of the biggest and most concerning things that could happen to a physician is losing their privilege to practice medicine. While this type of disciplinary action is not as common as other types, it does happen in some cases and can be devastating to the physician. According to the latest information from the Federation of State Medical Boards (FSMB), there were more than 8,800 state medical board actions taken across the country in 2017. These actions range from something as simple as imposing a fine to permanently revoking a physician’s medical license. Here are the most common forms of disciplinary action taken against physicians in the United States:

  • License restricted (1,343): The most common form of discipline from medical boards across the country was to restrict a professional’s medical license. Having your medical license restricted typically means you are limited in what you can do as a physician. Typically, restrictions have something to do with clinical privileges, such as restricting the ability to write prescriptions.
  • Reprimand (1,147): Not far behind restrictions were reprimands. If a physician is reprimanded, this means the medical board issued a warning or letter of concern to a physician. Reprimands can be private or public and can sometimes be issued instead of formal charges or complaints.
  • Administrative action (1,023): If a physician has had an administrative action issued against them, it typically does not affect their medical licensure. Administrative actions can be issued by medical boards for various reasons, including failure to pay licensing fees.
  • Fine (890): Another common outcome of misconduct is a fine. A physician can be issued a monetary fine for many reasons including improper record keeping or similar issues.
  • Conditions Imposed (887): If a physician has conditions imposed on him or her, they must meet certain requirements or fulfill certain conditions to avoid further discipline by the board.

Have You Been Subject to Disciplinary Action? Contact an Illinois Medical License Defense Attorney

Any type of disciplinary action taken against you is serious. Before you have any action taken against you, you will be notified by the Illinois Department of Financial and Professional Regulation. If this happens, you should immediately contact a knowledgeable Illinois medical license defense lawyer. At the Law Offices of Joseph J. Bogdan, LLC, we understand how a disciplinary action can affect your career. To schedule a consultation, call our office today at 630-310-1267.

 

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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 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 IDFPR discipline attorneyThe Illinois Department of Financial and Professional Regulation allows licensees who have certain public disciplines on their records to classify them as confidential seven years after the disciplinary offense occurs. Specifically, the opportunity exists for licensees who have been disciplined for: failing to pay taxes or student loans; failing to complete the required number of continuing education credits; failing to renew a license on time; failing to obtain or renew a certificate of registration or ancillary license; violating rules related to advertising; or any ground for discipline that has been removed from the relevant licensing Act. When IDFPR grants these applications, the affected disciplinary actions are considered expunged.

The Law Offices of Joseph J. Bogdan, LLC can assist with expunging disciplinary actions or any other issues related to professional licenses. Contact our Illinois professional license defense lawyers at 630-310-1267.

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