By Erica Pero
This month I’ve been dealing with a lot of [insert name of government department] complaints. Whether it’s the Board of Medicine, Board of Nursing, Board of Dentistry or another government department, complaints happen. Most of the time the complaints I see are frivolous, but you still have to go through the process of adequately defending yourself. Here are a few pointers if you ever get that big envelope.
1. Call your lawyer FIRST. Don’t respond without talking to your lawyer first. Don’t agree to a phone call, don’t let the investigator come to your office, don’t do ANYTHING until you’ve talked to your lawyer. Also, call your lawyer as soon as you can after receiving notice of a complaint. There are often very short deadlines for responding and it’s best to meet those deadlines. You’re busy, let your attorney manage the “complaint calendar” for you.
2. Are you covered? Consider using your malpractice insurance. While malpractice insurance doesn’t always cover things like a disgruntled patient or frivolous/retaliatory complaints, they might. Your malpractice insurance will pay for your defense if you’re covered, which is nice. Sometimes malpractice won’t cover it, and sometimes clients don’t want to notify their insurance carrier because it might result in higher premiums, etc., and that’s fine too.
3. Tell them you have a lawyer. There should be a level playing field for people who have a lawyer and those who don’t, but when it comes to defending yourself against a Board complaint in Virginia, the field is NOT level. (This makes me so angry!) If you have a lawyer, you get a whole new level of “opportunity” to defend yourself. Once the Board learns you have a lawyer, the investigator changes her tune from “Ahhh – gotcha!” to “Oh crap, now I have to go through this the right way.” (Maybe that’s not exactly what they think, but that’s my impression.) Once notified, your attorney will send the investigator a letter of representation. Then the Board will go through your lawyer during the complaint process.
In my experience, responding to a Board complaint can be a big headache and sometimes really emotional – especially if it’s a frivolous or retaliatory complaint against you – let your attorney manage the process and do the heavy lifting, okay?
Erica Pero, an attorney with Pero Law, focuses her practice on health law. She helps healthcare professionals navigate the complexities of running a business in today’s healthcare industry. Pero Law is a lean law firm committed to excellent customer service and exceptional legal representation. perolaw.com
