Being accused of committing medical malpractice is one of the worst things that could happen to a medical professional. It takes years upon years of education, training, residency, and internship to become a physician. The last thing you would want to see is all of that go down the drain because of a patient complaint. In most cases, medical professionals do not have to worry about facing disciplinary action if they are accused of malpractice, but there are situations in which your license could be put into jeopardy if you are found to be responsible for malpractice.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional causes injury or harm to a patient because of a negligent act. Malpractice can occur during any stage of care, but to be considered malpractice, it must contain the following three elements:

• The standard of care was violated
• An injury was caused by the negligent act
• That injury resulted in significant damages

There must always be these three elements present for a case to be legally considered medical malpractice. Accusing a doctor of malpractice is serious and could harm the doctor’s career and reputation. Because of this, cases that are missing even one of the elements would likely not hold up in court.

After a long and stressful day, sometimes it is nice to come home and have a glass of wine or a beer. It is not uncommon for someone to come home from work and have a drink or two to unwind, but for some people, this can become a harmful habit -- especially if you work in the medical field. Individuals who work in the medical field face an immense amount of stress and tension on a daily basis. Multiple studies have suggested that medical workers face a higher chance of developing a substance abuse issue. According to the Mayo Clinic Proceedings, somewhere between 10 and 12 percent of all physicians will develop a substance abuse issue during their careers. Substance abuse is serious for anyone, but for a physician or other medical professional, it could jeopardize their career.

Signs of a Substance Abuse Issue

Sometimes, it can be difficult to spot the signs of substance abuse in a medical professional. Most of the time, medical professionals are very high functioning substance abusers, meaning they are still able to go about their daily lives and maintain their careers and households for a period of time. Here are a few common signs that a medical professional is battling substance abuse:

• Preferring night shifts because of lessened supervision
• Frequent job changes
• Falling asleep on the job
• Taking frequent bathroom breaks or other unexplained absences
• Glossy eyes or small pupils
• Incomplete charting or errors in patient paperwork
• Other job-related errors or missteps

Consequences of Substance Abuse

Having a substance abuse issue when you are a medical professional is risky. Most of the time, issues arise with medical professionals when they have substance abuse issues because their job performance begins to suffer inexplicably. When a medical professional begins to make errors when they are completing patient paperwork or charting, other workers may begin to become suspicious and report their errors to the licensing board. Medical professionals also have the option to self-report their issues, which usually produces a better outcome than if they were reported.

Even the most responsible physicians can become the subject of a medical board investigation. Each state medical board is required to investigate any complaints that they receive, even if the complaint has no merit to it. When you are under investigation for a complaint that was made about you, it can be a nerve-wracking experience. Your professional reputation and medical license could be at stake, depending on the nature of the complaint and outcome of the investigation. If you are dealing with a medical board investigation, proper preparation is key to a successful outcome. Here are a few ways you can prepare for a medical board investigation:

Understand the Investigation Process

Even though the medical board has to review each and every complaint that is made to them, they do have an evaluation process that they use for complaints. If they find that a complaint is unsubstantial, they will not pursue any action against you. If they do think a complaint is worth looking into, however, they will likely send you a letter requesting a medical record review. If this happens, it usually means the medical board has flagged the complaint as a serious one.

Respond to Your Complaint Promptly

Once the medical board determines that a complaint should be served to the physician, they only have so long to respond to the complaint. If you have had a complaint formally served to you, you must respond to the complaint within 20-45 days or you face disciplinary action. The medical board expects physicians to be completely honest and transparent when it comes to complaints that are filed against them.

Members 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.

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.

It’s a letter you may never thought you’d open: a letter from the Illinois Medical Board telling you that a patient has filed a complaint against you. Maybe you feel betrayed by a patient who would not bring his complaints to you directly or maybe you are worried about the implications of such a complaint on your career and your practice.

Whatever your initial reaction, it is important to quickly get caught up to speed about what it will take to defend your medical license and resolve this situation.

• Understand the scope of a complaint. The Federation of State Medical Boards reports that in 2012 in the United States, of 878,194 actively licensed physicians, 4,479 were disciplined. That number is less than 1 percent of all doctors in this country. In many circumstances simply having a complaint filed against you means that the state board will conduct an investigation, even if it is plain that the complaint is groundless.
• Know what is at stake. Medical boards have great power over doctors' careers and livelihoods. These bodies can impose penalties that vary in severity from reprimands and fines to suspensions or revocations of medical licenses. Because of the range of punishments, it is helpful to speak with an attorney who understands this procedure and can discuss likely outcomes for the alleged acts.
• Respond promptly. One of the first mistakes a doctor in this situation can make is not opening the letter or let the letter gather dust. Failing to respond can carry a second set of consequences, and it is unwise to do so. It is important that you take control of the situation in any way you can. Contacting a license defense attorney at this juncture can help you stay on the correct timeline and can mean that the defense you present will be uniform from the start of the process.
• Know your weaknesses. During this time, it is imperative that you continue working at your practice, but that you do not receive any other complaints. Many doctors are surprised to find out that most complaints do not concern “bad doctoring” (incorrect diagnosis, poorly performed procedures, etc), but rather concern issues like billing, scheduling, confidentiality and possible criminal conduct.

Call an Illinois License Defense Lawyer

Becoming a chiropractor takes much time and effort, with a lot of time focused on different classes and hands-on learning. Preparing for the licensing exam and actually taking the exam requires much time as well. When becoming a chiropractor, there are a lot of facts that each applicant needs to know before he or she can start practicing.

Requirements for Chiropractic License

In order to become a successful chiropractor, the applicant must have successfully taken every step needed to complete all of the requirements for his or her chiropractic license.

Earning a license to practice medicine takes a lot of time and effort. With all of the hours put into the hard work, every minute counts. In order to maintain good standing as a practicing medical doctor, there are many requirements that need to be met, including continuing education. The time and effort made for the purpose of continuing education are monumental for the practicing medical doctor’s license to stay valid.

Requirements for Continuing Medical Education

Practicing medical doctors may randomly be selected by the Illinois Department of Financial and Professional Regulation for an audit and to provide proof and evidence of CME credits. Therefore, it is very important for doctors to keep records of their CME activities, even though it is not required.

There are benefits to volunteering your medical expertise or services, whether it be at a free or mobile clinic, a medical relief group, an international disaster area, or with a local school or sports team. Unfortunately, there are also risks involved, including the potential of legal or medical licensing issues. Because of this, it is important that physicians understand the risks, and how to best protect themselves.

Good Samaritan Laws

Many healthcare professionals believe they are legally required to assist in an emergency under the Good Samaritan Law, but this law is not as much of a requirement as it is a mode of protection. While, yes, certain situations may bind you by law to help, you are not always obligated to assist a stranger in peril. But if you do choose to help, you have at least some protection under this law. However, there are some limitations that you must be aware of:

As a physician, you are held to a higher standard, and you are expected to act professionally in both your professional and personal life. Of course, you are only human and are bound to make mistakes, just like everyone else. Unfortunately, if you make one that leads to criminal charges, it could place more than just your reputation at risk; it might also impact the status of your Illinois medical license.

Criminal Charges and Moral Turpitude

Moral turpitude is defined as any action that could be deemed contrary to society’s view of justice, honesty, or morality. Generally, it is the state’s medical board that decides what qualifies as moral turpitude for its physicians. Unfortunately, that can leave a lot of room for error. There are a few criminal charges that frequently result in an investigation or adverse licensing action for physicians, however. These include: