To Fight or Not Fight the BOP….

It’s never a good thing when the Board of Physicians issues charges against your physician. He or she does have options, however. But whether you decide to fight the Board, or consent to a charge, it is important to understand the ramifications.

Usually, when charged, the physician is offered the opportunity to resolve the matter at a Disciplinary Committee Case Resolution Conference (“DCCR”). If not resolved at the DCCR, the case may proceed to a hearing, with further rights of appeal to the Board (and the Court if necessary).

But what happens if resolution of the charges includes a reprimand or probation?

Unfortunately, the matter may follow the physician for years, with deleterious effects including:

  1. Potential loss of hospital privileges (some have automatic suspension or dismissal from medical staff without the right of hearing);
  2. Potential exclusion from approved insurance lists;
  3. Board re-certification may not be permitted;
  4. Notice will be made to the National Practitioner Data Bank; and,
  5. There may be further sanctions from out-of-state license Boards.

Remember also, the physician has an affirmative duty in most instances to report the Board’s Order to all of the above.

Bottom Line: Any way you slice it, the ramifications of a reprimand or probation to your physician can be significant. If you have questions regarding inquiries from the Board of Physicians, please contact us.

And if your physician requires more information on responding to the Medical Licensing Boards, please read our article in Maryland Physician Magazine, “How to Avoid 10 Common Mistakes Responding to the Maryland Medical License Board.

Larry Waranch

Larry Waranch

Larry Waranch is an AV rated trial lawyer and a founding partner of Waranch & Brown. His practice focuses primarily on medical malpractice defense, medical licensure matters, administrative defense and general liability.
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