How States Regulate Their Doctors — and Why Doctors Should Take Note.

As most doctors consider their practice and skills to be beyond reproach, they will rarely consider that they may need to understand exactly how and why their state’s licensing body doles out punishment to fellow members of their profession. Licensing Board discipline is just not a subject that is taught in Medical School, but doctors investigated and disciplined by those boards often wish they had acquired such knowledge before their practice came under the harsh light of scrutiny.

The Power of Licensing Boards

The “thorn on the side” driving the ire of most doctors is, of course, malpractice lawsuits. A civil action, based on allegations only, brought by an attorney on behalf of a private party in a court of law, seeking monetary damages from that doctor’s insurer, is the most common scenario conjured up when one thinks of “malpractice”. These lawsuits are now so common that special judges are often assigned exclusively to their adjudication. The issue of tort reform and the ever-increasing vigilance associated with risk management is familiar to every health care practitioner in the United States today. Many outside of the medical profession, not familiar with health regulations, still believe that the primary penalties for “bad doctors” is a negative verdict or whopping settlement stemming from these actions. However, medical practitioners who have undergone the crucible of a medical board action will quickly advise you that there is nothing as stressful and upending as a disciplinary action by a state medical board. Note that a medical malpractice lawsuit is handled by an insurer and their assigned attorney; a doctor need not expend his own money for either lawyer’s fees or ultimate settlement of the claim. In addition, most health professionals understand that the mere fact that a doctor has been named in a lawsuit for malpractice may have nothing whatsoever to do with any wrongdoing on his or her part.

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Alex J. Keoskey, Esq.

Certified by the N.J. Supreme Court as a Civil Trial Attorney

Certified by AAPC as a Professional Health Compliance Officer

Decotiis, Fitzpatrick, Cole & Giblin, LLP

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