How to Respond to a Complaint Filed Against Your Medical License

Receiving a complaint against your medical license can be devastating.

The potential consequences of disciplinary action or even the loss of your license can impact your career and livelihood significantly.

Read on to discover the Medical Board of California (MBC) complaint process and the key steps to take if you face accusations.

Medical Board Complaints in California

The MBC is responsible for investigating complaints against licensed physicians in the state.

These grievances can come from several sources, including patients, family members, healthcare facilities, or even anonymous individuals.

Issues Investigated

The Board examines a wide range of healthcare matters, such as:

• Standard of care concerns.
• Professional misconduct.
• Substance abuse or mental health issues.
• Billing fraud or improper prescribing practices.

When the Board receives a complaint, it evaluates its merit and decides whether to open an investigation.

Investigation Process

If the MBC determines that a complaint warrants further action, it will notify the physician in writing and request a response. Investigation proceedings may involve interviews, record reviews, and expert consultations.

Depending on the findings, the Board may dismiss the complaint, issue a citation, or pursue disciplinary action, including license suspension or revocation.

Immediate Steps to Take When You Receive a Complaint

When you become aware of a MBC complaint against your medical license, you must take swift and appropriate action to resolve the situation.

1. Contact your malpractice insurance carrier: Notify the insurer about the complaint and discuss your coverage for professional license defense representation.
2. Maintain confidentiality: Avoid discussing the complaint with colleagues, staff, or patients, as this could compromise your case.
3. Gather relevant documentation: Start collecting medical records, correspondence, and any other materials related to the complaint.
4. Consider hiring a professional license defense attorney: Experienced legal counsel can offer valuable guidance and help protect your rights throughout the process.

How Professional License Defense Lawyers Help

Resolving a medical board complaint is usually a complex process.

However, attorneys focusing on professional license defense can become invaluable assets during this challenging time.

Here’s why:

• Professional license defense lawyers understand the legal issues involved and develop strategic responses to the complaint.
• Their expertise protects your employment rights and minimizes the potential impact on your license.
• Many malpractice insurance policies usually cover legal fees for license defense, so you may not have to bear the cost alone.
• Attempting to handle the complaint on your own could lead to missteps that may harm your case.

Responding to MBC Requests for Information

Always respond thoughtfully and strategically when the Medical Board requests documents or information related to the complaint.

• Stick to factual, objective information and avoid speculating or admitting fault.
• Be cooperative, but consult with your legal counsel to ensure you only give the necessary information.
• Allow your California professional license defense attorney to handle direct communications with the Board whenever possible.
• Meet all deadlines for submitting information to avoid further complications.

Preparing Your Written Response to the Complaint

Your written response to the complaint is a key component of your defense.

Here are some important elements to include:

• Clear, concise summary of the relevant facts.
• Explanation of your actions and decision-making process.
• Evidence and documentation, such as medical records or expert opinions to support your defense arguments.
• Professional, objective tone that avoids emotional or confrontational language.

Before submitting your response, always have your attorney review it to ensure it effectively presents your side of the story.

What Not to Include in Your Response

What you leave out is just as important as what you include in your response.

Avoid the following:

• Emotional or angry language that could undermine your credibility.
• Contacting the complainant directly, which could be seen as intimidation.
• Information not directly relevant to the specific complaint at hand.
• Protected health information of other patients, which could violate privacy laws.

Handling Interviews and Hearings

If the Medical Board requests an interview or schedules a hearing, remember to:

• Assert your right to legal representation during proceedings.
• Prepare thoroughly with your attorney beforehand to anticipate questions and develop a strategy.
• Remain calm, professional, and truthful in your responses.

If the MBC doesn’t dismiss the complaint, you may need to appear before an Administrative Law Judge who will make a recommendation to the Board.

Proactive Steps to Reduce the Risk of Complaints

While it’s impossible to eliminate the risk of complaints entirely, there are proactive measures you can take to minimize their likelihood:

• Maintain open, honest communication with patients and their families.
• Document your decision-making process thoroughly in medical records.
• Stay current on best practices and standards of care in your specialty.
• Address patient concerns or grievances promptly and professionally.
• Foster a culture of transparency and accountability in your practice.

Potential Impact of Complaints on Your Career and Reputation

It’s important to understand that even if the MBC ultimately dismisses a complaint, it can still have lasting consequences for your career.

• Disciplinary actions become part of your public record, and you may need to disclose them to employers, credentialing bodies, and insurance carriers.
• You must report certain actions, such as license suspension or revocation, to the National Practitioner Data Bank, which can impact your ability to practice in other states.

If the Board ultimately suspends or revokes your license, consult with our professional license defense lawyer at TONG LAW about reinstatement possibilities and the steps involved.

Medical Malpractice vs. Medical Board Complaints

Understanding the distinction between medical malpractice lawsuits and MBC complaints is important.

• Malpractice suits are civil legal actions filed by patients seeking monetary damages for alleged negligence or substandard care.
• Board complaints are regulatory proceedings focusing on a physician’s fitness to practice and compliance with state laws and professional standards.

While some incidents may result in both types of action, they are separate processes with different potential consequences.

How to Continue Practicing While Under Investigation

If you’re facing a medical board investigation, you may wonder whether you can continue seeing patients.

In most cases, you can continue practicing while the complaint is under review unless the Board specifically restricts your license.

However, if this situation applies to you, remember to do the following:

• Notify your employer, hospital, or practice partners about the complaint, as they may have specific policies or reporting requirements.
• Avoid discussing the complaint with patients or making changes to your practice that could be seen as an admission of wrongdoing.
• Continue to provide high-quality care and maintain meticulous documentation.
• Seek support from trusted colleagues, family members, or mental health professionals to manage the stress and uncertainty of the process.

When to Consider Settling a Complaint

Sometimes, settling with the Medical Board may be in your best interest rather than proceeding to a formal hearing.

Our professional license defense lawyer can advise you on whether this option is viable based on the specifics of your case.

Factors to consider include:

• Strength of the evidence against you.
• Potential consequences of a finding of fault, such as license suspension or revocation.
• Time, expense, and emotional toll of a prolonged legal battle.
• Impact on your reputation and future career prospects.

If you decide to pursue a settlement, our attorneys will negotiate with the Board to seek the most favorable terms possible.

Don’t Let a Medical Board Complaint Derail Your Career

Medical license complaints are serious matters with potentially severe consequences. At TONG LAW, we have extensive experience defending physicians against MBC complaints throughout Northern California.

A single complaint could jeopardize your professional standing. Swift, strategic action is crucial.

Contact TONG LAW today to schedule a case evaluation.