How prepared are you to defend your license to practice medicine if you are investigated by the Florida Department of Health? Do you know how to avoid costly mistakes that could jeopardize your practice and assets?
In recent years, complaints against physicians accounted for more than 40 percent of all complaints filed against licensed healthcare professionals in the state. Florida Health Professionals Legal Expense Insurance, Inc., (FHPLEI), a provider of prepaid legal expense insurance products and services, is one of only a few firms in Florida that offers licensed healthcare professionals both malpractice and licensure legal expense insurance.
“While we are not a risk retention or a medical malpractice carrier, we are a value-sensitive carrier offering coverage for the first dollar spent on legal defense,” said Charles Olessker, president of FHPLEI.Founded in 2002, the Jacksonville-based firm’s mission to provide Florida’s licensed healthcare professionals with affordable insurance and the highest quality legal representation in the event of investigations against their professional licenses or defense of malpractice claims. FHPLEI offers coverage limits up to $50,000 for legal-related expenses for licensure investigations and defense, Medicare or Medicaid post-payment audits and civil investigations, HIPAA investigations and OSHA citations.
FHPLEI’s clients are healthcare professionals who are either augmenting their coverage for the first dollar of legal expense, or operating without insurance, known as “going bare.”
Olessker recommends that healthcare professionals take the following actions in the event of a complaint against their license.
Do not attempt to represent yourself before a governing health board.
State professional regulating boards across the country have one single-minded objective – to protect the public. While board members may be sympathetic to the practitioner appearing before them, they are nevertheless charged with protecting the public from licensed professionals who fall below the standard of care.
“That’s why professionally licensed individuals should not attempt to represent themselves before the board,” Olessker said. “It could have a devastating effect on a physician’s practice to agree to terms that may not be in his or her best interest.”
Notify your insurance carrier or an attorney who specializes in defending licensed professionals once an “adverse incident” occurs.
“The sooner you put your insurance carrier and legal team on notice of a possible claim, lawsuit or investigation, the better the defense that can be prepared,” said Olessker.
He noted that healthcare professionals run the risk of the incident not being a covered claim if the carrier is not notified of such an incident prior to a formal license complaint being filed, or notice of intent being received.
When the incident occurs, healthcare professionals should provide their carrier with a detailed narrative of what occurred, along with a summary of reports and letters received. The patient’s medical records are not needed at this point.
If you receive a notice that a complaint has been filed against your medical license, DO NOT panic. DO NOT take a call from the investigator.
“Everything you say to the investigator will be written down and could be used against you in further proceedings,” Olessker said. “Remember, they are an integral part of a team of people whose decisions could ultimately impact your license to practice in Florida. Advise the caller that your attorney will respond to the complaint.”
The healthcare professional should then pull the patient’s medical record and become familiar with the care provided to the patient. Next, contact your professional liability carrier or a healthcare attorney specializing in representing professionals before licensure regulating board. The attorney will go over the files with you and request a copy of the medical record for review.
At that point, the health care attorney will respond to the complaint – the most critical step in the process of your defense.
“Being proactive is the best way to handle a possible claim, lawsuit or investigation to minimize the impact on your practice, time and livelihood,” said Olessker. “We don’t want the plaintiff to have the upper hand in any situation. We want to have all the information up front so we can be on an equal playing field. All healthcare professionals should try to posture themselves early with the best defense possible.”
