Physicians have enormous constraints placed on their time dueto the demanding schedules required by their profession. Thatis why, when faced with a letter from the Texas Medical Boardrequesting information regarding an allegation, it is tempting toeither file it away and forget about it, delegate it to an assistant oroffice manager, or worse, simply ignore it in the hopes that it willgo away—particularly if you regard the claim as ludicrous or withoutsubstance. What you may not realize, however, is that failingto cooperate with the Board in a timely manner canhave career damaging consequences.
On September 1, 2003, significant tort reformmeasures were put into place that gave physiciansand other health care providers much needed protections,including caps on all non–economic damages.But, while those measures cut down on thenumber of malpractice suits filed, the trade off wasan agreement that the medical profession wouldbe more vigilant in policing itself. Since 2003, thenumber of current physician investigations by theTexas Medical Board has nearly doubled, and thenumber of new physician investigations openedjumped from 1,711 to 2,486.
The Board is required to look into each and everyallegation asserted against a physician, regardlessof whether or not that claim appears to havemerit. What that means for physicians and othersin the medical profession is that compliance withthe Board’s investigation is critical and can makeall the difference in the outcome of an allegation.Should you ever find yourself on the receiving end of an allegationpresented to the Board, the following tips can help the ensuingprocess flow more smoothly.
- The most important thing is to take the allegation seriously and never ignore it. Remember the Board will assume that the way you deal with them is the way you deal with patients. It is important that you appear professional, caring and responsible. Submit all of the requested information and medical records within the required time frame.
- Do not delegate the task. It is important to handle the request for information yourself in order to make sure that it is completed in a timely manner. If you find that you must enlist the help of an office assistant, make sure that you stay on top of the situation at all times. Ensure that all of the submitted records are accurate and complete. If handled correctly, many allegations may be able to be resolved through correspondence.
- Just because you feel a claim has no merit, or no damage or injury was incurred, don’t think that the allegation will automatically be dismissed. You can never ignore a letter from the Board of Medical Examiners. When you are less than responsive, you will anger the Board and encourage them to hand down a stronger sentence. Remember, Board members are giving up their precious time for the profession and expect their fellow physicians to behave in a professional manner.
- Consider hiring counsel. If the claim is substantive you will want legal representation by someone who specializes in dealing with medical boards. Physicians frequently feel most comfortable with attorney representation if an Informal Show Compliance and Settlement Conference (ISC) is scheduled. An attorney cannot change the facts, but he or she can present them in the most favorable light.
- Make sure when you are dealing with a claim that you not only address every issue raised, but also bring to light any mitigating facts that could be beneficial to your case. The Board has only heard the person making the claim’s allegations, so you must be prepared to present your own case. Again, this is where an attorney can help.
- Understand that if an ISC is scheduled, the term ‘informal’ does not mean that you will be chatting with your peers. Informal simply means that the rules of evidence do not apply. You will be faced with many questions and may feel overwhelmed and intimidated. It is important to remember that even though the Board is a jury of your peers, you will not receive any special treatment as a fellow physician.
- When the ISC Panel hands down its recommendation you may choose to accept or reject the terms. If you reject the terms you will most certainly want legal representation (if you have not already obtained it) because you will be required to appear at an Administrative Hearing in front of a judge where the rules of evidence do apply.
Failure to comply with the Medical Board can be detrimental toyour career. Outcomes of an investigation can range from chartmonitoring to suspension of your medical license. Furthermore,some actions are reportable to the National Practitioners DataBank. You should always find out whether Board actions are reportablebefore agreeing to them.
Even more devastating than disciplinary action is the effect thataction may have on your reputation and standing within yourprofession. I have seen claims with absolutely no grounds go toan ISC, or further, because they were handled poorly from thestart.
No one likes to take time from their schedules to deal withclaims, particularly if they are unsubstantiated. But putting fortha little time and effort in the beginning can make all the differencein the end.
